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HomeMy WebLinkAbout99-05 CC OrdinanceORDINANCE NO. 99-05 AN 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. Section 9.14.010 of the Temecula Municipal Code is hereby amended to read as follows: 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 wdtten 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: Ords/99-05 1 A. 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; B. 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 C. Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the City, County, or any public agency. Section 3. 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 4. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED this 9th day of F bruary, 1999. 'S~teven J. Ford Mayor ATTEST: usan W Jones, C C [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. 99-05 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of January, 1999 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 9th day of February, 1999, by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Comerchem, Lindemans, Roberts, Stone, Ford COUNCILMEMBERS: None COUNCILMEMBERS: None Sus nes CMC Clerk