Ord 565ORDINANCE NO. 565
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING CHAPTER 8.09 TO THE POWAY MUNICIPAL CODE
PERTAINING TO RESPONSIBLE BEVERAGE SERVICE
WHEREAS, the City Council has determined a need for every manager of a bar
to complete a responsible beverage service training course; and
WHEREAS, the City Council has also determined a need for every person who
serves or sells alcoholic beverages for consumption by guests on the premises of a bar
to complete a responsible beverage service training course; and
WHEREAS, the police power granted to cities by the California Constitution
authorizes cities to adopt, approve, and enforce by any reasonable means ordinances
that are necessary to protect the health, safety, and welfare of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY HEREBY
ORDAINS AS FOLLOWS:
Section 1: 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 training program involving no
physical changes to the environment.
Section 2:
as follows:
Chapter 8.09 is hereby added to the Poway Municipal Code to read
Chapter 8.09
Responsible Beveraqe Service
8.09.010 Definitions.
A. "Bar" means a facility primarily devoted to the sale and service of alcoholic
beverages for consumption by guests on the premises (on-sale), in which the serving of
food is incidental. "Bar" includes those facilities located within a hotel, motel, or other
similar transient occupancy establishment. However, when located within a building in
conjunction with another use, including a restaurant, "bar" includes only those areas set
aside primarily for the sale and service of alcoholic beverages. "Bar" does not include
the dining area of a restaurant, regardless of whether alcoholic beverages are served
therein.
Ordinance No. 565
Page 2
B. "Manage(' 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. "Responsible beverage service training course" means a training program
recognized by the California Department of Alcoholic Beverage Control for on-sale
management and on-sale professional services.
8.09.020 Manaqer and Server Traininq.
A. No bar may serve or sell alcoholic beverages unless a manager who has
completed a responsible beverage service training course is on the premises.
B. Every manager of a bar must complete a responsible beverage service
training course within ninety (90) days of hire or by January 31,2003, whichever is later.
C. Every person who serves or sells alcoholic beverages for consumption by
guests on the premises of a bar shall complete a responsible beverage service training
course within ninety (90) days of hire or by January 31, 2003, whichever is later.
D. A list of all persons who have completed the training required by this section
shall be maintained on the premises of the bar and together with the proof of such
completion shall be provided to any police or other enforcement officer for inspection
and copying promptly upon request.
8.09.030 Abatement of Non-Conforminq Bars. A bar in existence on the effective
date of this Chapter must comply with the provisions of this Chapter no later than
January 31, 2003.
8.09.040 Appeals.
A. A person aggrieved by an action of the City taken pursuant to this Chapter
may appeal the decision by filing with the City Clerk a statement addressed to the City
Manager and setting forth the facts and circumstances regarding the appealed action.
The City Clerk shall notify the applicant, in writing, of the time and place set for the
hearing on the appeal.
B. The hearing on the appeal must be held within twenty (20) business days of
the City Clerk's receipt of the appeal.
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Page 3
C. The City Manager or his designee shall serve as hearing officer unless the
appellant objects thereto at the time of the filing of the appeal, in which case an
independent hearing officer shall be appointed in accordance with this Code. The
hearing officer shall issue a decision regarding the appeal within ten (10) business days
of the conclusion of the hearing. The hearing officer's decision is final.
8.09.050 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.
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 15th day of October, 2002, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 29th day of October, 2002,
by the following roll call vote.
AYES:
EMERY, GOLDBY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
nne peOples, City Cl~rk
Michael P. Ca' Mayor