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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 LI • 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. F:\... \SHARED \SD W KCAFE \ORDINANCU 0- 04.DOC Ordinance 97 -25 Page 3 11 • 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