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Section 1: Ordinance No. 565 is hereby repealed.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