Item 9 - Open Alcoholic Beverage Containers Prohibited on Posted Premises •GENDA ; REPORT 70 P W1f
CITY OF POWAY / A
hf ,54.3.
Cm,lv TME CCI'
34i‘
Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana1
INITIATED BY: Reba W. Touw, Director of Planning Services µ
Marijo Van Dyke, Assistant Planner
DATE: September 16 , 1986
SUBJECT: Open Alcoholic Beverage Containers Prohibited on
Posted Premises
ABSTRACT
The following is a draft ordinance prohibiting the consumption or
possession of open containers of alcoholic beverages in areas adja-
cent to commercial establishments .
BACKGROUND
On June 9 , 1986 Poway Planning Services received a letter from the
owners of Twin Peaks Village Center requesting assistance in
controlling the behavior of some of the patrons of Pioneer Liquor
and Deli . ( Please refer to Attachment 1 . )
At present, the City has no ordinance which prevents an individual
from purchasing liquor from a retail store and consuming it on pre-
mises . Both the cities of Carlsbad and San Diego have ordinances
on their books to deal with this situation . (Please see Attachment
2. ) After reviewing those ordinances , Staff has initiated a draft
ordinance for your consideration . (Please see Attachment 3 . )
ENVIRONMENTAL REVIEW
This ordinance is exempt from the California Environmental Quality
Act under Section 15061 ( b) ( 3) .
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ACTION: Held first reading for Ordinance No. 196 and set second reading for
September 23, 1986.
Marjorie K. Wahlsten, City Clerk SEP 16 1986 ITEM 9
1 of 10
Agenda Report
September 16 , 1986
Page 2
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RECOMMENDATION
It is Staff ' s recommendation that the City Council direct Staff to
schedule first reading to consider the proposed ordinance.
JLB:RWT:MVD:pn
Attachments :
1 . Draft Ordinance
2 . Letter from W.V. Opfer , Jr .
3. Ordinance from Carlsbad
4 . Ordinance from San Diego
SEP 16 1986 ITEM 9
2. of 10
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA ADDING CHAPTER 8 .10 TO TITLE 8 OF THE POWAY
MUNICIPAL CODE PROHIBITING POSSESSION OF OPEN CONTAINERS
OF ALCOHOLIC BEVERAGES ON OR NEAR PREMISES WHERE RETAIL
PACKAGE SALE OF ALCOHOLIC BEVERAGES OCCURS.
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS
FOLLOWS:
SECTION 1 : That Chapter 8. 10 is hereby added to Title 8
of the Poway Municipal Code to read as follows :
Chapter 8. 10
"8 .10 .010 Possession of open containers of alcoholic
beverages prohibited on or near premises where liquor sold.
(a) No person who has in his or her possession any
bottle, can or other receptacle containing any alcoholic beverage
which has been opened, or a seal broken, or the contents of which
have been partially removed, shall enter, be, or remain on the
posted premises of , including the parking lot immediately
adjacent to, any retail package off-sale alcoholic beverage licen-
see licensed pursuant to Division 9 (commencing with Section 23000 )
of the Business and Professions Code, or on any public sidewalk
immediately adjacent to the licensed and posted premises . Any per-
son violating this section shall be guilty of a misdemeanor and
shall be punished as provided in Chapter 1 . 08 of this code.
( b) As used in subdivision (a) , "posted premises" means
those premises which are subject to licensure under any retail
package off-sale alcoholic beverage license, posted at the front
entrance, on which a clearly visible notice indicates to the
patrons of the licensee that the provisions of subdivision (a) are
applicable.
(c) The provisions of this section shall not apply to
aprivate residential parking lot which is immediately adjacent to
the posted premises , or to any premises which are not posted as
provided in this section . (d) In the event that any portion of
the Section 8 .10 is declared by a court of competent jurisdiction
to be invalid, such portion shall be severable from all other por-
tions of this section . Those portions not declared invalid shall
remain in full force and effect .
3 °of 10 SEP 16 1986 ITEM 9
Ordinance No.
Page 2
EFFECTIVE DATE: This ordinance shall take effect and be
in force thirty (30 ) days after the date of its passage; and
before the expiration of fifteen ( 15 ) days after its passage , it
shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of
general circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City
Council of the City of Poway held the 16th day of September , 1986 ,
and thereafter PASSED AND ADOPTED at a regular meeting of said City
Council held the day of 1986, by the
following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
Carl R. Kruse, Mayor
Majorie K. Wahlsten , City Clerk
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4''of 10
SEP 16 1986 IT OA `1
LenA- - ark 7=9 •tm ®
June 5, 1986
M Reba Touw
Director of_ Planning RECEIVED
Ms.
City of Poway
13325 Civic Center Dr. JUN ' 9 1936
Poway, CA 92064 PLANNING DEPARTMENT
Dear Ms. Touw: •
This letter is a formal request for the City of Poway to consider
adopting a City ordinance, to prohibit persons from drinking alcoholic
beverages in areas adjacent to liquor stores , whether the area is
publicly owned or privately owned.
Our partnership owns the shopping center at Twin Peaks and Espola Roads .
In the past year, we have had an increasing problem related to person`s
purchasing beer at the liquor store and meeting with friends in the
shopping center's parking lot to have "tailgate parties". Originally ,
it was five or six pick-up trucks , with 8 to 10 young men (primarily
construction workers) hanging around for an hour or more drinking beer.
They left beer cans , bottles , cartons and other trash strewn in the
parking lot and landscaping. They also use the trash dumoster area
as a urinai . We have a crew that cleans -the parking lot almost every
day and hoses out the dumpster area , but we can ' t keep up with the
problem.
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In the past few weeks , the gathering of construction workers has grown
more popular and the number of trucks is now averaging 15 co 20 trucks
each afternoon. They start arriving about 3 : 30 PM to 4 : 30 PM and stay
for several hours.
The other tenants in the snooping center are justifiably ccnIolaininc
that customers for their stores are put off by the appearance of men
drinking beer and handing around in tne parking loc. These .merchants
feel that they are losing business because of tne undesirable atmosphere
these men is :ne parking lot create.
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CITY OF POWAY ITEM : A-1LrprtcL ORD/ WtE
TITLE : orae i e- i Erz
SCALE : ATTACHMENT : 2
` fF
— % SEP 16 7986 ITEM 9
Sof 10 .
Mrs. Reba Touw
City of Poway
June 5, 1986
Page Two •
I have taikec to the ABC , the authority For liquor licenses . and they
tell me chat there is no State law prohibiting this activity. However,
they toil me that the City of San Oieco adopted a City ordinance to cover
this problem within the past few years . I also understand that the
City or Oceanside has adopted a similar City ordinance.
In taikinc with Mr. Bob Sieventhaler , the Code _nforcesent Officer for
the City of Poway, I was told that Poway has no such ordinance.
The owner of the liquor stove has tried to be helpful . but cre sales
clerks in the store can ' t be expected co go out into the parkinc lot
and chase off 25 to 30 men who have been drinkinc.
The Sheriff' s Department has been most cooperative ant. they have come
by on severai occasions to encourage the taiicaters to move on .
However, since there is no ordinance against the drinking in parking
lots , the Sheriff has no real authority to do very much, unless there
is a brawl or there is more serious damage to the center ocher than
the littering of trash. We hope that a new ordinance will prevent
either of these events from occurring.
We request that the City of Poway •adopt an ordinance which would
provide an effective means of eliminating this totally inappropriate
use of the parking lot. We also request that this new ordinance be
adopted as soon as practical . •
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Thanking you in advance for your serious consideration of this -
request. _
Sincerely ,
C/J/gYecL
W. V. Opfer, Jr.
General Partner
CITY OF POWAY ITEM : ALcoriCL Orwo NrF
TITLE : OrFP , LE`rrcfZ
SCALE ATTACHMENT : a
6 of a.10 SEP 16 1986 ITEM 9
411
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/ 1
ORDINANCE NO. 3173
1 !
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 ! CARLSBAD, CALIFORNIA AMENDING TITLE 8 , CHAPTER
31 8 . 44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION
OF SECTION 8 . 44 . 030 PROHIBITING POSSESSION OF OPEN
I CONTAINERS OF ALCOHOLIC BEVERAGES ON OR NEAR - ,
41 PREMISES WHERE RETAIL PACKAGE SALE OF ALCOHOLIC
BEVERAGES OCCURS.
5i
I The City Council of the City of Carlsbad does ordain as
6i •
71 follows:
BI SECTION 1 : That Title 8 , Chapter 8 . 44 of the Carlsbad
91 Municipal Code is amended by the addition of Section- 8 . 44. 030 to
101 read as follows : - •
1 "8 . 44.030 Possession of open containers of alcoholic
11: beveraces on or near premises wnere iicuor solo pronioitea.
(a ) No person who has in his or her possession any
,127' bottle, can or other receptacle containing any 'alcoholic beverage
which has been opened , or a seal broken, or the contents of which •
13i have been partially removed , shall enter, be, or remain on the
41Iposted premises_ of , including the posted parking lot immediately
;i adjacent to , any retail package Off-sale alcoholic beverage •
licensee licensed pursuant to Division 9 (commencing with Section
151 23000) of the 'Business and Professions Code, or on any public
1 sidewalk immediately adjacent to the licensed and posted
16 :7 premises_. Any person violating this section shall be guilty of
an infraction and shall be punished as provided in Chapter 1 .08
17 , of this code .
1 (b ) As used in subdivision (a ) , "posted premises" means
181 those premises which are subject to licensure under any retail
, ga package off-sale alcoholic beverage license , the parking lot
"rimmediately adjacent to the licensed premises_ and any public
sidewalk immediately adjacent to the licensed premiseson which.
20 clearly visible notices indicate to the patrons of the licenssee
and parkinc lot and to persons on the public sidewalk , that the
2= • provisions of subdivision (a ) are applicable .
(c ) The provisions of this section shall not apply to a
20q` private residential parking lot which is immediately adjacent to
the posted premises , or to any premises which are not posted as
provided in this section.
CITY OF P O W A Y ITEM : ALCOHOL o2+NANGE
TITLE : CARLs$AT ORDNANCE
SCALE : ATTACHMENT : 3A
7 of 10 SEP 16 1986 ITEM 9
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24 „ EFFECTIVE DATE : This ordinance shall be effective
S
2., j thirty days after its adoption, and the City Clerk shall certify
i
26 „
it to the adoption of this ordinance and cause it to be published at
27 ] least once in the Carlsbad Journal within fifteen days after its
28 :; adoption.
INTRODUCED AND FIRST READ at a regular meeting of the -
1 :
2 Carlsbad City Council held on the 11th day of Aline
1984 , and thereafter
3i
PASSED AND ADOPTED at a regular meetino of said City
4I
" I Council held on the 19th day of June , 1984 by the
5i
following vote , to wit:
6 !
71 AYES : Coirlcil Mein Caster, Lewis, Kuloh:in, C`i.ck and Prescott
8 ; . NOES : None
91 ABSENT: None •
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10
11:I I MARY R. ASLER, Mayor
ATTEST:
12 :.
13
+ :1 r/Li.=,'tet. oe.
ALETHA L. •RAUTENKRANZ , City Clerk
v
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CITY OF POWAY ITEM : AL-co Hot_ ORDINANCE
TITLE : CAs cP A D cfD (\IAN ca
SCALE : ATTACHMENT : 3a
8„of10 SEP 16 1986 ITEM 9
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SEC. 56.56 OPEN ALCOHOLIC BEVERAGE CONTAINERS PROHIBITED ON POSTED
PREMISES
• (a) Any person who has in his or her possession any bottle, can or other receptacle contain-
ing any alcoholic beverage which has been opened, or a seal broken, or the contents of which
have been partially removed, and who enters, is on, or remains on the posted premises of, any
remit* package off-sale alcoholic beverage licensee licensed pursuant to Division 9 of the Business
and Professions Code, or on any public sidewalk immediately adjacent to the licensed premises
is guilty of an infrction.
(b) All retail package off-sale alcoholic beverage licensees licensed pursuant to Division 9
of the Business and Professions Code to operate in the Cry of San Diego shall post such licensed
premises with notices dearly Visible to pauoru Of the licensee and parking lot and to penons
on the public sidewalk that the provisions of subdivision (a) arc applicable. Such notices shall
include lancaage that states that possession of any opened alcoholic beverage container is
prohibited by law. Any licensee who does not so post the licensed premises is guilty of an
i nfra C on.
(c) As used in this section "posted pre.: ses" means those pre.:.ises which are subject to
lice sure under any retail off-sale alcoholic beverage license, the parking lot imrnediateiy
adjacent to the licensed premises and any publicsidewalk immediately adjacent to the licensed
premises which are posted with notices pursuant to subdivision (b).
(d) As used in this section "parking lot immediately adjacent to the licensed premises"
means any parking lot except those described in subdivision (e) which 'is contiguous to the
licensed premises and any parking lot under the conuoi of or opt_ted in conjunction with the
licensed premises.
(c) The provisions of this section do not apply to any private residential parking lot im..mcd•
lately adjacent to the posted premises.
(f) The subsections of this section are severable. The invalidity of a subsection shall not
affect the validity-of the remaining subsections. •
(Added 9-26-83 by Ord. 0-16046 N.S.)
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CITY OF POWAY ITEM : ALcosi oL OrTDINANCC
San! btee.0
TITLE : oRM.t.1PcNce
SCALE : ATTACHMENT : 4
9 of 10 SEP 16 1986 ITEM 9
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RECEIVED
SEP •5 '1686
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. PUNNING DEPARTMENT •
1 .
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Ms. Reba Touw Elane Poole - 1
Director of Planning 14149 Twin Peaks Rd.
City of Poway Poway, Ca. 92064
13325 Civic Center Dr.
Poway, Ca . 92064 Sept. 4, 1980'
Dear Ms . Touw • }
As a shop owner in Twin Peaks Villege Center, Iwish to encourage
. . the passing of an ordinance to control the consumption of alcoholic
beverages purchased in our center and consumed in our parking lot .
This. practice not only interfere with the business practices of all
other shopowners in this, center, It .is undesireable as an example
to all of the' youth that fre4uents1.this 'center as well. Therej;
are three schools`and three churches wand a soccer field in our
immediate a•rea: Many minor children are being exposed to men
. who not only drink all afternoon in our parking .lot, but use our
dumpster as a restroom, leave their trash all over and are rude,
and sometimes obsene to the patron: trying to do business with
the. other shops in the center.
As a shopowner and a resident of Poway I .am angry. The continuing
abuse of the rhghts of the non-drinking public and the obstructions
of our. business-practices, th'e negative- roll modl'es, and the•
unpleasant health' hazzards being practiced need to be ended.
Please give your immediate •attention to enbobraging the city
council to approve the proposed ordinance: Chapter 8.10 to be added
• to title eight of the Poway Municipal Code. - ''
• Thanking you advance for your kind attention. .
• Sincerely, '
- Elane Poole • 1 •
Fido's Fashion-Cut
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SEP 16 1986
. TEM. 9
10 .of_ 10 , .
LA�IAJIM MULLEN Agent
Auto -' Life - Heaith - Home and Business
14149 Twin: Peaks Road Suite 9'
Poway; California 92064
Phone: (619) 748.6554 or (619) 748=6555
1 -YE D
September 5, 1986
�`' 1986
PLANNING pEPTlfT
Rena. To
Director ofPlannng
City of Poway
13325 Civic'Center Drive
Poway, CA. 92064
Dear Mss Touw
have: read the proposed. addition of chapter
5.10
to. Title 8 of the`Poway Municipal code and I
am
in favor of'_i:t..
As a businessman located. in a shopping center,
with
a liquor store,' I can relate' to, the need for
this }
dd.><tion.'. There are some people . drinking in
our
parking lot everyday.
Sincerely,.
Jim Mullen
Agent
t
SEP 16 1986 IT E M 9
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SEP 161986 ITEM
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAYr
?
CALIFORNIA ADDING CHAPTER '8.10 TO TITLE 8 OF THE POWAY
MUNICIPAL CODE PROHIBITINGPOSSESSION OF OPEN CONTAINERS
OF ALCOHOLIC BEVERAGES ON OR NEAR PREMISES WHERE RETAIL
PACKAGE SALE OF ALCOHOLIC' BEVERAGES OCCURS.
THE CITY COUNCIL OF THE CITY OF POWAY DOES. ORDAIN AS FOLLOWS : .
f
SECTION T That Chapter 8.10 is hereby added to Title 8 of the
Poway Municipal Code to read as follows:
Chapter 8.10
118..10`.010' Possession of o en containers of alcoholic
beverages prohibited on or near premises where liquor- sold.
(a) No person who has in his or her.possession any,
bottle, canor other receptacle containing any alcoholic beverage
which has been opened, or a seal, broken, or the contents- of which
have been partially removed, shall, enter, bei or remain on the
posted premises of including the: parking lot immediately
adjacent tor any retail package off --sale, alcoholic beverage: liven -
see licensed pursuant to Division 9' commencing with Section 23000:
of the Business and Professions Codeor on an public sidewalk
, Y p
r
immediately adjacent to. the licensed and posted premises. Any per-
son violating this section shall be guilty of a misdemeanor and
shall be punished as provided in Chapter 1.08 of thi
1 s code:.
(b) As used in subdivision Wo, , "postedpremises"' means
those premises which are subject to licensure under any retail
package off, -sale alcoholic beverage licenser -posted at the front
entrance, on which a. clearly visible notice indicates to the
patrons- of the licensee that the: provisions of subdivision ( a ) are
applicable..
(c) The provisions of this section shall not apply to
aprivate residential parking lot which is immediately adjacent to
the posted premises.
(d) All retail package off -sale alcoholic beverage licen-
sees licensed purusant to Division 9 of the. Business and
..
Professions Code to operate in the City of Poway shall post such
licensed premises as provided in subsection tb? above. Such noti-
�J
ces. shall include language that states that possession of any
opened alcoholic beverage container is prohibited by law. Any
licensee who does not so post the. licensed remises is
P p guilty of a
misdemeanor.
(o)- In the event that any portion of the Section 8.10 is
declared by a court of competent jurisdiction to be invalid, such
portion shall be severable from all other portions of this section.
Those portions not declared invalid shall remain in full force and
effect.;
SEP 16 1986 ITEM 9
Ordinance No..
Page 2
a _
EFFECTIVE DATE, This ordinance shall - take effect and be in,
force thirty-(30Y days after'the- date of its passage and
before :the expiration. of fifteen (15) days after. its passage,
`
it shall. be published once with the names, and members voting
`#
for, and against the same .in the Poway News. Chieftain, a
news ager' of general ci.rculatioA published .n the° City ` of
Poway.
k.i Introduced " and: first read at i
r` a regular meeting elf. the City
Council of the City of Poway. held the 16th day,-of September, 1986,
r and thereafter PASSED AND ADOPTED at a; regular meeting of said: Cit.
f COuncil, held the day of 1986 v by the
following
roll call vote.,
AYES:. COUNCILMEMBERS
DOES: COUNCI
y
ABSENT is CONNLIU4,EI• BERS;
i
Carl. R. Kruse, Mayor
.. Marjo. °rie: K. ; Wahlsten,. :City Clerk,
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SEP 16 1986 ITEM g