Item 6 - Ordinance No. 6 Second Reading •
IGENDA REPORT407- 0 of P9Wiy
CITY OF POWAY )
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.:44.11110A :
Off, IT' THE COV•
TO: Honorable Mayor and Members of e City Council
FROM: James L. Bowersox, City Mana•iv
INITIATED BY: Marjorie K. Wahlsten, City Clerk Yh
DATE: September 23, 1986 J
SUBJECT: Ordinance No. 196 - Second Reading
BACKGROJND
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On September 16, 1986, the City Council introduced and had the first reading on
Ordinance No. 196 - "An Ordinance of the City of Panay, California, Adding
Chapter 8.10 to Title 8 of the Panay Municipal Code Prohibiting Possession of
Open Containers of Alcoholic Beverages on or Near Premises Where Retail Package
Sale of Alcoholic Beverages Occurs." A revision was submitted adding subsection
(d) . Mayor Kruse was absent at first reading.
FINDINGS
It is in order to have the second reading and adopt this Ordinance.
RECGt(f WATICN •
If the City Council desires to adopt, read title and waive further reading of
Ordinance by unanimous vote. Pass motion closing public hearing and adopting
(roll call vote) .
JLB:MKW:ml
Attachment:
1) Ordinance
/ ACTION: Approved Ordinance No. 196. Mayor Kruse abstained.
`)'ho-An A- K OU-t" v
Marjorie K. Wahlsten, City Clerk SEP 23 1986 ITEM 6
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ORDINANCE NO. 196
AN ORDINANCE OF THE CITY1COUNCIL. 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
a private 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 ( b) above. Such noti-
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 premises is guilty of a
misdemeanor .
( e) 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.
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Ordinance No. 196
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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
Marjorie K . Wahlsten, City Clerk
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3 of 3 SEP 23 1986 ITEM 6