HomeMy WebLinkAbout99-04 CC OrdinanceORDINANCE NO. 99-04
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMECULA AMENDING SECTIONS 9.14.010 AND
9.14.020 PROHIBITING THE CONSUMPTION OF ALCOHOLIC
BEVERAGES AND POSSESSION OF OPEN CONTAINERS OF
ALCOHOLIC BEVERAGES IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1.
amended to read as follows:
Section 9.14.010 of the Temecula Municipal Code is hereby
9.14.010 Consumption of Alcoholic Beverages in Public
Prohibited
"The drinking of beer, wine, liquor, fermented malt beverage, intoxicating liquor,
or other alcoholic beverage shall be prohibited at the following locations, unless
specifically permitted by the prior written approval of the City:
On any public street, roadway, boulevard, alley, parking lot,
sidewalk, or any other property owned, controlled and/or
operated by the City, County or any public agency;
In the public parking, loading, access, and areas accessible to
the public of non-residential property except on the premises of a
commercial establishment holding a valid on-sale license or
permit from the California Department of Alcoholic Beverage
Control; or
Within any public park, recreational area, or recreation facility
owned, controlled and/or operated by the City, County, or any
public agency.
Section 2. Section 9.14.020 of the Temecula Municipal Code is hereby
amended to read as follows:
9.14.020
Possession of Open containers of Alcoholic
Beverages in Public Places Prohibited.
"No person shall have in his or her possession, with intent to consume any part
of the contents thereof, any bottle, can or other receptacle containing beer,
wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic
beverage, which has been opened, or a seal broken, or the contents of which
have been partially removed, at the following locations, unless specifically
permitted by the prior written approval of the City:
O~s~9~4 1
On any public street, roadway, boulevard, alley, parking lot,
sidewalk, or any other property owned, controlled and/or
operated by the City, County or any public agency;
In the public parking, loading, access, and areas accessible to
the public of non-residential property except on the premises of a
commercial establishment holding a valid on-sale license or
permit from the California Department of Alcoholic Beverage
Control; or
Within any public park, recreational area, or recreation facility
owned, controlled and/or operated by the City, County, or any
public agency.
Section 3. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. The revisions to Sections 9.14.010 and 9.14.020 of the Temecula
Municipal Code will clarify the prohibitions on consuming alcoholic beverages in places
open to the public and possessing open containers of alcoholic beverages in places
open to the public and provide greater certainty to members of the public and law
enforcement officials as to those locations in which the prohibitions on consumption or
possession of open containers of alcohol will apply. A number of public events in
various locations within the City are scheduled for the next few months and therefore, it
is necessary that this ordinance take effect immediately so that the benefits and
protections of the ordinance can be effective for these events.
B. Pursuant to California Government Code Sections 36934 and 36937, the
City Council hereby finds and determines that a current and immediate threat to the
public health, peace, safety and general welfare exists which necessitates the
immediate enactment of this Ordinance for the immediate preservation of the public
health, peace, safety and general welfare, based upon the facts set forth in this
Ordinance and the facts presented to the Council.
Section 4. If any sentence, clause or phrase of this ordinance is for any reason held
to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining provisions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that
any one or more sentences, clauses or phrases be declared unconstitutional or otherwise
invalid.
Section 5. The City Clerk shall certify to the passage of this ordinance as an urgency
ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED this 26th day of Ja ry, 1999.
//~ ~n J. Ford
Mayor
ATTEST:
Susan W. Jones
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 99-04, was duly adopted and passed as an urgency measure at a
regular meeting of the City Council on January 26, 1999, by the following vote, to wit:
AYES: 4 COUNCILMEMBERS: Comerchem, Lindemans, Roberts, Ford
NOES: 0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Stone
SI. . ores, CMC
City Clerk