HomeMy WebLinkAbout97-25 - Amending Title 10 of the Newport Beach Municipal Code Relating to the Consumption of Alcoholic Beverages in Outdoor Dining Establishments on Public Sidewalksu
ORDINANCE NO. 97-25
AN ORDINANCE OF THE CITY OF NEWPORT BEACH, CALIFORNIA
AMENDING TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN
OUTDOOR DINING ESTABLISHMENTS ON PUBLIC SIDEWALKS
WHEREAS, the City has been actively engaged in commercial revitalization and
business promotion strategies and efforts, including an effort to support restaurant establishments
and provide a pedestrian- friendly urban environment; and
WHEREAS, in order to encourage the creation of sidewalk cafes the City Council
adopted Ordinance No. 96 -9 and Council Policy L -21. establishing administrative standards and
•
procedures for outdoor dining areas; and
WHEREAS, amendments to sections of the Municipal Code relating to consumption of
alcoholic beverages on public property must be amended to maintain internal consistency in the
Code.
NOW, THEREFORE, the City Council of the City of Newport Beach, California DOES
HEREBY ORDAIN as follows:
SECTION 1. Newport Beach Municipal Code Section 10.04.010 (Drinking in Public) is
• hereby amended to read as follows:
Ordinance 97 -25
Page 1
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10.04.010 Drinking in Public.
No person shall drink or consume any alcoholic beverage, or possess any can, bottle or
other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or
the contents of which have been partially removed, in or on any public street or alley, public
sidewalk, public or private parking lot, public restroom, public pier, private pier open to the
public upon the payment of any fee, public beach, vacant lot, or public park. The provisions of
this section shall also apply to any beach or public parking facility in the area commonly known
as Newport Dunes. The provisions of this section shall not apply where the consumption or
possession is within premises located in a park or other public place for which a license has been
issued pursuant to Division 9 of the Business and Professions Code of the State of California and
approved under a special event permit in compliance with Chapter 5.10, or where the
consumption or possession is within an outdoor dining establishment having a valid sidewalk
cafe license encroachment permit in compliance with Chapter 13.18.
SECTION 2. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and
the same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 23rd day of June, 1997, and adopted on the 14 ttday of _ July 1997
by the following vote:
Ordinance 97 -25
Page 2
• AYES, COUNCIL MEMBERS O'Neil,
ATTEST:
�Q � 744
CITY CLERK
•
Thomson, Edwards, Debay, Hedges, Clover, Noyes
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
A OR.
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Ordinance 97 -25
Page 3
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, NANCY C. LACEY, Acting City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 97 -25 was duly and regularly introduced before and adopted by* the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th
day of July, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of July, 1997.
(Seal)
d
A ing WClerk of the City
Newp Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE 1 ss.
CITY OF NEWPORT BEACH )
I, NANCY C. LACEY, Acting City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -25 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: July 19, 1997.
In witness whereof, I have hereunto subscribed my name this 0?95L day of
AAL 1997.
Acting City Clerk of the City of
Newport Beach, California