HomeMy WebLinkAbout31-84~r
BEFORE THE CITY COUNCIL OF TIlE CITY OF DANVILLE
IN THE MATTER OF: )
)
Prohibiting the Possession of ) ORDINANCE NO. 31-84
an Open Alcoholic Beverage at )
Certain Posted Premises )
)
THE CITY COUNCIL OF THE CITY OF DANVILLE DOES
ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 5, Open Alcoholic
Beverages, is added to Title 7 of the Municipal Code
as follows:
"Chapter 5
Open Alcoholic Beverages
Section 7-501. Purpose; Authorization
Section 7-502. Definitions
-- Section 7-503. Prohibited Activity
Section 7-504. Posting of Premises
Section 7-505. Exception
Section 7-506. Penalty
Section 7-501. Purpose; Authorization.
The purpose of this chapter is to regulate the
possession of an open container of alcoholic beverage at
certain premises in the City.
This chapter is adopted under the authority of
Penal Code section 647e.
Section 7-502. Definitions.
As used in this chapter:
(1) "premises from which alcoholic beverages
are sold for off-site comsumption" means
the premises of a retail 9ackage off-
sale alcoholic beverage licensee licensed
under the Alcoholic Beverage Control Act
(Business and Professions Code Division 9,
section 23000 et seq.);
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(2) "open container" means a bottle, can
or other receptacle which has been
opened, or a seal broken or the
contents partially removed.
Section 7-503. Prohibited Activity.
No person possessing an open container of any
alcoholic beverage may enter, be or remain on premises
from which alcoholic beverages are sold for off-site
consumption or on the sidewalk or parking lot adjacent
to it.
This section applies only if notice is posted at
the premises as provided in section 7-504.
Section 7-504. Posting of Premises.
The operator of premises from which alcoholic
beverages are sold for off-site consumption shall post
clearly visible notices indicating to customers and to
other persons using the adjacent parking lot and sidewalk
that possessing an open container of alcoholic beverages
is prohibited.
Each notice shall read substantially as follows:
"Possession of open container of alcoholic
beverage is prohibited.
Municipal Code section 7-503."
The operator shall obtain the approval of the
Danville Police Department regarding the size, form,
location and number of notices.
Section 7-505. Exception.
This chapter does not apply to a private residential
parking lot which is immediately adjacent to the premises
from which alcoholic beverages are sold.
Section 7-506. Penalty.
A person who violates this chapter is guilty of
an infraction."
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SECTION 2. Nothing in this chapter affects the
City's right to regulate the possession of an opened
alcoholic beverage in a public place or in a place open
to the public.
SECTION 3. Publication. The City Clerk shall
either a) have this ordinance published once within 15
days after adoption in a newspaper of general circulation
or b) have a summary of this ordinance published twice
in a newspaper of general circulation, once five days
before its adoption and again within 15 days after adoption.
SECTION 4. Effective Date. This ordinance becomes
effective 30 days after its adoption.
The foregoing ordinance was introduced at a meeting
of the City Council of the City of Danville held on
April 12 , 1984, and was adopted and ordered
published at a meeting of the Council held on May 7
1984, by the following vote:
AYES: Lane, Mc Neely, Offenhartz, Schlendorf
NOES: None
ABSENT: May
ABSTAIN:
ATTEST:
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C.~Y CL~K
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