HomeMy WebLinkAbout1996-07-22 Ordinance 4358• •
ORDINANCE NO. 4358
ORDINANCE OP THB COUNCIL OF THE CITY OP PALO ALTO
AMENDING CHAPTBR 9 • 04 OF THB PALO ALTO MUNICIPAL
CODE RBLATI~G TO ALCOHOLIC BBVBRAGBS TO ADD
SBCTION 9. 04.030 PROHIBITING POSSESSION OF OPBN
CONTAINERS OF ALCOHOLIC BEVERAGES WITHIN OR
ADJACENT TO BUSINESSES LICENSED FOR RETAIL PACKAGE
OFF-SITE SALE OF ALCOHOLIC BEVERAGES
The Council of the City of Palo Alto does ORDAIN as
follows:
SECTION 1. The City Council finds as follows:
Pursuant to the authorization contained in California Penal Code
section 6~7e, the City Council desires to prohibit the possessions
of open ccntainers of alcohol:5 c beverages both within retail
package stores licensed for off-site sales of alcoholic beverages
and within their adjacent parking lots and on adjacent public
sidewalks ..
SECTION 2.:-Chapter 9.04 of the Palo Alto Municipal Code
entitled "Alcoholic Beverages" is hereby amended to add sectiou
9.04.030, to read as follows:
u9.04.030 Retail Package Off~Site Sale OUtlets
Possession of open containers prohibited.
(a) It shall be unlawful for any person who has in
his or her possession any bottle, can, or other receptacle
containing any alcoholic beverage which has been opened, or
a seal broken, or the contents of w~ich have been partially
removed, to enter, remain, or be on the posted premises of
any retail package off-sale alcoholic beverage licensee
licensed pursuant to Division 9 {comznencing with Section
23000) of the California Business and Profess~ons Code ..
(b) As used in subdivision (a), •posted premises"
means those premises which are subject to licensure under
any retail package off~sale alcoholic beverage license as
well as the parking, lot immediately adjacent to the
licensed premises and any public sidewalk itrmediately
adjacent to the licensed premises on which clearly visible
notices indicate to the patrons of the licensee and parking
lot and to persons on the public sidewalk that the
provisions ot subdivision (a) are applicable.
(c) The owner and each operator of the posted
premises shall post promdnent signs warning patrons of the
prohibitions against possession of open containers of
alcoholic beverage prescribed in this ordinance; such signs
shall be posted prominently at each entry and at each exit
to the posted premises, in any iirmediately adjacent parking
lot, and on the frontage of the posted premises immediately
1
• •
adjacent to any public sidewa,lk adjacent to the posted
premises.
{d) Violations of any provision of this section shall
be punishable as an infraction.~
SECTION 3. The Council hereby finds and dete~ines that
this ordinance is exempt from environmental review pursuant to
section 15061(b) (3) of the State CEQA Guidelines implementing the
California Environmental ~tality Act of 1970, as amended.
SECTION 4 ..
commencement of the
adoption~
This ordinance shall be effective
thirty-first day after the date
INTRODUCED: July 8, 1996
PASSED: July 22, 1996
on
of
the
its
AYES: ANDERSEN, FAZZINO, HUBER, KNISS, MCCOw~, ROSENBAUM, SCHNEIDER, SIMITIAN,
WHEELER
NOES:
ABSTENTIONS:
ABSENT:
1'HIS DOCUMENT IS CERTfFIEO TO BE AN
ORDINANCE DUlY PASSEO BY THE COUNCIL
Of THE CllY Of PALO Ai.. 1'0 AND
'IMEliW.TERI'OSTE~&OUNC!l
CHAMBERS ON ....... '!L... (WITHIN 15
DAYS OF ITS PA ... :;.. ..... ..~.:.;}
.. 1 Cr'~~~ ~~~:w-·~··' ... ~,. ~ ~ ... _._ ·: ....... !ty
of f.t'. . '·• ' . . ~ .. ;·t, -. . . • •. -' ,; :)
~INo,ct~~
APPROv:-ED:
2