Ord 636
ORDINANCE NO. 636
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING
POWAY MUNICIPAL CODE CHAPTER 8.11 ENTITLED ALCOHOL WARNING
SIGNS RELATING TO BARS
WHEREAS, the Poway City Council is committed to reducing the incidents
of driving while impaired on local streets and roads; and
WHEREAS, the City of Poway has successfully partnered with the
Designated Drivers Association (DDA) on select days and times, to provide safe
rides to intoxicated individuals from on-sale establishments serving alcohol for
consumption on the premises, at no cost to the individual; and
WHEREAS, the City of Poway supports the goal of the DDA to save lives
and avert accidents caused by drug and alcohol impairment, and reduce the
tremendous public and private impacts caused by drunk drivers; and
WHEREAS, the City of Poway desires to educate the community about
safety risks and consequences associated with drinking and driving by posting
signs at the point of purchase where alcohol is to be consumed on the premises,
in order to supplement ongoing alcohol-education programs providing information
tailored to community needs; and
WHEREAS, this ordinance has been reviewed after one year to evaluate
its effectiveness and amended by the City Council to focus on on-sale
establishments that are more oriented toward alcohol consumption in order to
continue minimizing alcohol-related traffic accidents by educating citizens, and by
providing safe ride alternatives to drinking and driving; and
WHEREAS, this ordinance is adopted to provide the public with
information regarding the risks and consequences of alcohol-related behaviors
so that individuals may make informed decisions regarding purchasing or
consuming alcohol.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY
HEREBY ORDAINS AS FOLLOWS:
Section 1. Chapter 8.11 of the Poway Municipal Code is hereby
amended as follows:
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Section 2. The City Council finds that the proposed ordinance is
exempt from the provisions of the California Environmental Quality Act (CEQA),
as a Class 22 Categorical Exemption, pursuant to Section 15322 of the CEQA
Guidelines, as the project provides for the adoption of an educational program
involving no physical changes to the environment.
8.11.010 Purpose.
The purpose of this Chapter is to educate the public through the use of
educational posters to be placed at bars where alcoholic beverages are
consumed by the public, advising the public of the dangers of alcohol
consumption, and to increase public awareness of unsafe alcohol-related
behavior, warn people about the risks and legal penalties of drinking and driving,
and deter people from engaging in this very risky behavior.
8.11.020 Definitions.
A. "Bar" means anyon-sale establishment wherein alcoholic
beverages are sold, served or given away for consumption on the premises and
where food service is not required, including but not limited to any facility that
holds License Type 40, 42, 48, 51, 52, or 61 from the California Department of
Alcoholic Beverage Control. Typical on-sale uses under this definition include
but are not limited to the following establishments: bars, taverns, night clubs,
dance bars, piano bars, ballrooms, billiard and/or game parlors, or other private
clubs.
B. "Manager" means a person, regardless of the job title or
description, who has discretionary powers to organize, direct, carry on, or control
the operations of a Bar. Authority to engage in one or more of the following
functions is prima facie evidence that a person is a manager of a Bar:
(1) Hire or separate employees;
(2) Contract for the purchase of furniture, equipment, or
supplies, except for the occasional replenishment of stock;
(3) Disburse funds of the business, except for the receipt of
regularly replaced items of stock;
(4) Make or participate in making policy decisions regarding
operations of the licensed business.
C. "Educational Poster" means a poster or sign:
(1) With a size no less than 11" x 17"
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(2) Containing information regarding Blood Alcohol Content;
(3) Containing information regarding the costs associated with
being charged for Driving Under the Influence (DUI) or for
Driving While Intoxicated (DWI);
(4) Containing a disclaimer for the City, the Bar, and sponsors;
(5) Containing contact phone numbers for cab service or other
safe ride alternatives;
(6) Containing language or images to help educate patrons
about their choices and to deter them from driving in an
impaired state.
D. "Visible Location" means any area within a Bar that is easily visible
to patrons of the establishment.
8.11.030 Duty to Post Signs or Notices.
Every Manager of a Bar offering wine, beer, or other alcoholic beverages
for sale, or dispensing for consideration to the public, shall cause an Educational
Poster to be permanently posted or displayed on the premises as provided in this
chapter. The Educational Poster required shall not be smaller than 11 inches
wide by 17 inches long, nor shall any lettering thereon be less than three-eighths
inch in height.
8.11.040 Placement of Educational Posters.
A. Educational Posters are to be posted within restrooms, smoking
areas, or other visible locations.
B. Each Bar shall post a minimum of one Educational Poster within
each restroom.
8.11.050 Compliance Deadline.
A Bar in existence on the effective date of this ordinance shall comply with
the provisions of this Chapter no later than sixty (60) days after the effective date
of this ordinance.
8.11.060 Violations.
A violation of any provision of this Chapter or a failure to comply with any
mandatory requirement of this Chapter is subject to prosecution in accordance
with Chapter 1.08 of this Code and may be enforced through injunctive relief.
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EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty
(30) days after the date of this 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 this 2nd day of May 2006, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 16th of May 2006,
by the following roll call vote.
AYES:
BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
NONE
DISQUALIFIED:
NONE
ATTEST: