HomeMy WebLinkAbout38.120 ORDINANCE NO; 38. 120
AN ORDINANCE OF THE CITY OF SARATOGA ADDING
SECTION 10-2t~ TO ARTICLE I OF CHAPTER 10 OF THE
SARATOGA CITY CODE PERTAINING TO THE PROHIBITION
OF THE POSSESSION OF OPENED ALCOHOLIC BEVERAGE
CONTAINERS ON POSTED PREMISES
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION l: Section 10-2½ is hereby added to Article F of Chapter I0 of the
Saratoga City Code to read as follows: .......
"Section 10-24: Possession of Opened Alcoholic Beverage
Containers on Posted Premises Prohibited:
It shall be unlawful and an infraction for any person to enter, be, or remain
on the posted premises of, including the posted parking lot immediately adjacent to,
any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9
(commencing with Section 23000) of the California Business and Professions Code, or
on any public sidewalk immediately adjacent to the licensed and posted premises,
while such person 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 which have been partially removed.
As used in this section, "posted premises" means those premises which are
subject to lieensure under any retail package off-sale alcoholic beverage license, the
parking lot immediately adjacent to the licensed premises, and any public sidewalk
immediately adjacent to the licensed premises on which clearly visible notices indicate
to the patrons of the licensee and the parking lot and to persons on the public
sidewalk, that the provisions of this section are applicable. Said notices shall be of a
minimum size of 12" x 18" and shall state, in letters of a minimum one inch (1") in
height placed on a contrasting background, "Possession of opened alcoholic beverage
containers prohibited - Saratoga City Code Section 10-2½." The licensee shall, at his or
her own expense, prepare and post copies of said notice so as to be visible 1) on the
licensed premises, 2) from the parking lot immediately adjacent to the licensed
premises and/or 3) from any public sidewalk immediately adjacent to the licensed
premises, or any applicable combination of the aforementioned locations. Failure of
the licensee to so post shall be punishable as an infraction.
The provisions of this section shah not apply to a private residential
parking lot which is immediately adjacent to the posted premises.
The City Council may, by resolution, establish specific exceptions of limited
duration to the requirements of this section.
5171StY/Baird
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SECTION2: II any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not alfect the validity of the remaining portions
of this Ordinance. The City Council of the City of Saratoga hereby declares that it
would have passed this Ordinance and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
clauses or phrases may be held invalid or unconstitutional.
SECTION 3: This Ordinance shall take elfect and be in full force and effect thirty
(30) days from and alter the date of its passage and adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time equired by law, was thereafter passed and adopted this 18th day of
~u_{y , 198% by the following vote:
AYES: Councilmembers Callon, Clevenger, Hlava, Moyles and Mayor Fanelli
NOES: None
ABSENT: None ~,, ,
~ ~A'YpR
ATTEST:
~_~ ~
DEPLTY CITY CLERK
The above and foregoi g is a true an{l correct
copy ol Ordinance 3~,,/2c, wllich has been
published according to lilw.
5/7/8½/Baird
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