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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: Ordinance No. 636 Page 2 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" Ordinance No. 636 Page 3 (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. Ordinance No. 636 Page 4 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: