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Ord 582ORDINANCE NO. 582 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA REPEALING ORDINANCE NO. 565 AND ADOPTING POWAY MUNICIPAL CODE CHAPTER 8.09 ENTITLED RESPONSIBLE BEVERAGE SERVICE WHEREAS, the City Council has determined a need for every manager of an on-sale establishment, including restaurants and bars, 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 an on-sale establishment 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 th ly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY HEREBY ORDAINS AS FOLLOWS: Section 1: Ordinance No. 565 is hereby repealed. Section 2: The City Council finds that the proposed ordinance is exempt from the provisions of the California E 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 th l. Section 3: read as follows: Chapter 8.09 is hereby adopted in the Poway Municipal Code to Service 8.09.010 Definitions. A. "On-sale Establishment" means a facility providing the sale and service of alcoholic beverages for consumption by guests on the premises (on-sale), including restaurant dining areas where food service is the primary function, and bars, in which the sale and consumption of alcohol on the premises is the primary function. "Bar" includes those facilities located within a hotel, motel, or other similar transient occupancy establishment. Ordinance No. 582 Page 2 B. "Manager" means a person, regardless of the job title or description, who has discretionary I: ..:lanize, direct, carry on, or control the operations of establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of an on-sale establishment: (1) 3arate employees; (2) Contract for the purchase of furniture, equipment, or supplies, except for th 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 p services. 8.09.020 A. No on-sale establishment 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 an on-sale establishment must complete a Responsible Beverage Service training course within ninety (90) days of hire, or by December 31, 2003, whichever is later. C. Every person who serves or sells alcoholic beverages for consumption by guests on the premises of an on-sale establishment shall complete a Responsible Beverage Service training course within ninety (90) days of hire, or by December 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 on-sale establishment and together with the proof of such completion, shall be provided to any police or oth I officer for inspection and copying promptly upon request. 8.09.030 Abatement of Non-Con ~le Establishments. An on-sale establishment in existence on the effective date of this Chapter must comply with the p ' ' =this Chapter no later than December 31,2003. Ordinance No. 582 Page 3 8.( 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 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. 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 th ~ 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.Penalties for violation of the provisions of this Chapter may result in a misd :ation, punishable by a = six months in jail and a $1,000 fine. 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. Ordinance No. 582 Page 4 Introduced and first read at a regular meeting of the City Council of the City of Poway, held this 24th day of June, 2003, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 8th day of July, 2003, 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. Cafag~ yayor