HomeMy WebLinkAboutOrdinance #2043 ORDINANCE NO. 2043
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTIONS 13 .48. 110 and 13. 52 . 020(d)
THEREOF AND BY ADDING THERETO NEW ARTICLE 9 . 84,
ENTITLED, "ALCOHOL USE PERMIT"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Municipal Code is hereby
amended by amending Section 13.48. 110 and Section 13 . 52 . 020 (d)
to read as follows :
13. 48. 110 Alcoholic beverages . No person shall consume
or have in his or her possession, custody or control any alcoholic
beverage of any kind whatsoever, except when attending a function
operating under an alcohol permit issued in accordance with
Chapter 9 . 84 of this code.
13. 52. 020 Unlawful acts . It is unlawful for any person
to do or commit , or for any person to cause or permit to be done
or committed on or within the premises of any public building
within the city, any of the following:
(a) Disfiguration and Removal. Willfully mark, deface,
disfigure, injure, tamper with, or displace or remove , any
building, bridges , tables, benches, fireplaces , railings,
paving or paving material, waterlines or other public utilities
or parts or appurtenances thereof, signs, notices or placards
whether temporary or permanent, monuments, stakes , posts or
other boundary markers , or other structures or equipment, faci-
lities or park property or appurtenances whatsoever, either real
or personal;
(b ) Restrooms and Washrooms . Fail to cooperate in
maintaining restrooms and washrooms in a neat and sanitary
condition. No person over the age of five years shall use
the restrooms an/washrooms designated for the opposite sex;
(c) Sanitation. Have brought in or shall dump, deposit
or leave any bottles , broken glass, ashes , paper, boxes , cans ,
dirt , rubbish, waste , garbage or refuse, or other trash;
(d) Alcoholic Beverages . To consume any alcoholic
beverages of any kind whatsoever, except when attending a
function operating under an alcohol permit 'issued in accordance
with Chapter 9 . 84 of this code.
MT: er 1.
(e) Vending and Peddling. Expose or offer for sale any
article or thing, nor shall he station or place any stand,
cart or vehicle for the transportation, sale or display of
any such article or thing;
(f) Advertising. Annouce, advertise or call the public
attention in any way to any article or service for sale or
hire;
(g) Signs . Paste, glue, tack or otherwise post any
sign, placard, advertisement or inscription whatever.
SECTION 2 . The Huntington Beach Municipal Code is hereby
amended by adding thereto new Chapter 9 . 84 entitled "Alcohol
Use Permit" to read as follows :
Chapter 9 . 84
ALCOHOL USE PERMIT
9 . 84 . 010 Purpose. The declared purpose of this chapter
is to provide definitions and adopt uniform regulations for
the use and consumption of beer and wine and similar alcoholic
beverages within public buildings . Specifically excluded from
this purpose is the use of distilled spirits .
9 . 84 .020 Definitions . The following terms used in this
chapter shall have the meanings indicated below:
(a) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl,
or spirits of wine , from whatever source or by whatever process
produced.
(b ) "Alcoholic beverage" includes alcohol, spirits , liquor,
wine , beer, and every liquid or solid containing alcohol, spirits ,
wines or beer, and which contains one half of one percent or
more of alcohol by volume and which is fit for beverage purposes
either alone or when diluted, mixed or combined with other sub-
stances .
(c) "Distilled spirits" means alcoholic beverage obtained
by the distillation of fermented agricultural products, and
includes the alcohol for beverage use, spirits of wine, whiskey,
rum, brandy, gin, vodka, and including all dilutions and mixtures
thereof.
(d) "Beer" means any alcoholic beverage obtained by the
fermentation of any infusion or decoction of barley, malt, hops ,
or any other similar product, or any combination thereof in water,
and includes ale, porter, brown, stout, lager beer, small beer,
and strong beer, but does not include Sake, known as Japanese
rice wine .
2 .
(e) "Wine" means the product obtained from normal alcoholic
fermentation of the juice of sound ripe grapes, or other agri-
cultural products containing natural or added sugar or any such
alcoholic beverage to which is added grape brandy, fruit brandy,
or spirits of wine , which is distilled from the particular agri-
cultural products of which the wine is made, and other rectified
wine products , and by whatever name and which does not contain
more than 15 percent added flavoring, coloring, and blending
material and which contains not more than 24 percent of alcohol
by volume and includes Vermouth and Sake, known as Japanese rice
wine .
9 . 84 . 030 Application. Application for alcohol use permits
shall be made to the City Administrator, in writing, signed by
the applicant if an individual, or by a duly authorized agent
thereof, if a club , organization, or corporation, and shall con-
tain the following statements and information:
a The name age and address of the applicant in the case
( ) � g Pp
of an individual; in the case of a club, organization, or corpora-
tion, the names and addresses of the officers and directors of
the club , organization or corporation;
(b ) The name of the facility the applicant seeks to occupy ;
(c ) The date and hours of the occupancy;
(d) The type of function planned for said hours and date;
(e) The number of persons expected to attend such function;
(f) The type of food and beverages expected to be served
at such function.
A Five Dollar ($5 ) non-refundable application fee shall
accompany each application.
Said application must be made forty-five ( 45) days in advance
of the planned activity. Said application may be cancelled
forth-eight (48) hours prior to the scheduled activity without
forfeiture of fees collected, except application fee .
9 . 84. 040 Restriction on permits . No such permitshall be
issued to a person who is not of good character or reputation
in the community in which he resides .
9. 84. 050 Application - Approval . Copies of the applica-
tion made with the City Administrator shall be delivered to the
Police Department and the department director in charge of the
facility sought to be used. The Police Chief or said department
director shall examine the application and shall deliver to the
3.
City Administrator within ten (10) days of receipt of the appli-
cation a report containing any comments , possible schedule con-
flicts , and any suggestions for additional requirements of the
applicant pertaining to the requested use.
The City Administrator shall inform the applicant within
twenty (20) days of the receipt of the original application of
his decision to either approve or deny the issuance of a permit .
Upon making such decision, he shall:
(1) In the case of approval, notify the applicant in
writing of the approval, inform him of any fees that shall be
required, and provide him with a copy of Sections 9 . 84 . 040
and 9. 84. 070 of this code .
2 In t case of denial notify the applicant in writing
( ) he � y pA g
of the denial, and provide him with a copy of Section 9 . 84.060 of
this code.
9. 84. 060 Application--Denial--Appeal procedure . The pro-
cedure for appeal following the denial of an application is as
follows :
(a) Within seven (7) days after the receipt of the notice
of denial the applicant shall file a notice of appeal with the
City Clerk, addressed to the City Council, and stating the basis
of the appeal.
(b) The City Clerk shall schedule a hearing to be held
within fifteen (15) days of the filing of the notice of appeal.
The City Clerk shall cause the applicant to be given notice of
the hearing by certified mail at least five (5) days in advance
of the date of the hearing. The applicant , or his designated
representative , may appear before the City Council, and make
an oral presentation of the appeal, or he may make the appeal
through a written statement, or he may do both. The City
Council shall rule on the appeal within fifteen (15) days after
it is heard and such ruling shall be final .
9. 84. 070 Requirements . The following requirements shall
be met and shall be the responsibility of each person securing
an alcoholic use permit:
(a) A cleaning deposit in an amount determined by the
City Administrator shall be deposited with the City Treasurer
at least forty-eight (48) hours prior to the scheduled activity.
(b ) A damage deposit , bond, or proof of insurance in an
amount determined by the City Administrator shall be deposited
with the City Treasurer at least forty-eight ( 48) hours prior
to the scheduled activity.
4.
(c) If a determination is made by the City Administrator,
any department director, or the Chief of Police that extra labor
shall be required at the activity, the cost of said labor shall
be estimated and a like amount deposited with the City Treasurer
at least forty-eight (48) hours prior to the scheduled activity,
according to the following rates:
(i) Custodian $7 . 50 per hour per :custodian.
(ii) Regular police officer - $11 . 00 per hour, per officer.
(iii ) Reserve police officer - $7 . 50 per hour per officer,
and
(iv) Fire Marshal - $11. 00 per hour per marshal.
(d) Proof of an alcoholic beverage control license shall be
provided if alcohol is to be sold during the scheduled activity.
9 . 84. o8o Prohibited activities. The following activities
are hereby prohibited in connection with the issuance of any
alcoholic use permit:
(a) No beer, wine, or distilled spirits containing more than
24 percent of alcohol by volume shall be served.
(b ) No alcohol or alcoholic beverages shall be served to
minors .
(c ) All minors must be accompanied by a parent , adult
relative or legal guardian.
(d) There shall be no concurrently scheduled youth activities
in the same facility .
(e) No alcohol or alcoholic beverages shall be served after
1 a.m.
(f) No leftover food or beverages shall be allowed to remain
on the premises.
(g) There shall be no structural or electrical alterations
to the premises occupied.
(h) There shall be no use of decorations other than those
approved by the department director responsible for the premises .
(i) There shall be no removal or relocation of chairs ,
tables , or other furniture or equipment without written permission
of the department director responsible for the premises .
5.
(j ) No person except for a cleanup crew shall remain in
the premises after 1: 30 a.m.
(k) There shall be no use of the premises other than noted
in the permit.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance, or any future amendments or
additions hereto, is for any reason held to be invalid or un-
constitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the re-
maining portion of this ordinance, or any future amendments or
additions hereto. The City Council of the City of Huntington
Beach hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion
or any future amendments or additions thereto, irrespective of
the fact that any one or more sections, subsections , clauses,
phrases , portions or any future amendments or additions thereto
be declared invalid or unconstitutional.
SECTION 4. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the pas-
sage of this ordinance and cause same to be published within
fifteen days after adoption in the Huntington Beach News , a
weekly newspaper of general circulation, printed and published
in Huntington Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at aa rtgulea meeting thereof held on the 22nd
day of March, 1976
ATTEST: Mayor
ity ler
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
City Administrator City AttZy
M Y
APPROVED BY INITIATING DEPARTMENT
6 .
Ord. No. 2043
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the ¢ day of Mare
19 76 , and was again read to said City Council at a regular adjourned
meeting thereof held on the 22nd day of Marry , 19 -7ti , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Matnev, Duke, Gibbs
NOES: Councilmen:
None
ABSENT Councilmen:
Wieder, Coen, Shipley
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
It Alicia M. Wentwarth CITY CLERK of the City of
Muntin-tan Beach and ex-officio Clerk of the city
COU"Cil, dQ hereby ct.tifbeen bly that this ordinance has
in the 4fiatington Beach lg4M on
In suw1d"m wiM t; Gt4 uha+t Of Said City,
City Ctettc
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