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Home My WebLink AboutORDINANCE 3768 - AMEND HUNTINGTON BEACH MUNICIPAL CODE CHAPT PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) T �I am a Citizen of the United States and a` CITY OF HUNTINGTON-7BEACH 'LEUL - resident of the County aforesaid; I am INANCENO.3 �- osoiwANCE No.3768 over the age of eighteen years, and not a _ Adopted bytbe City Cmil 07 party to or interested in the below entitled ORDINANCE O "AN ORDINANCE OF THE I matter. I am a principal clerk of the CITY OF HUNTINGTON' BEACH AMENDING ' HUNTINGTON BEACH INDEPENDENT CHAPTER 13.48 OF THE i, HUNTINGTON BEACH MUNICIPAL CODE REAL-, a newspaper of general circulation, TING TO THE CONSUMP-• �+ TION AND POSSESSION j printed and published in the City of OF ALCOHOL AND PUB-' LIC INTOXICATION WITH-'IN CITY PARKS" Huntington Beach, County of Orange, SYNOPSIS: THE AMENDMENT TO, State of California, and that attached '-CHAPTER 13.48.110', READS AS FOLLOWS: Notice is a true and complete copy as NO PERSON SHALL, W I T-H I N T H EI was printed and published in the BOUNDARIES OF PUBLIC PARK WITHIN'HIW Huntington Beach issue of said THE ANY CITY, CONSUME ANY ALCOHOLIC SEVER-i AGE OF ANY KINDI newspaper to wit the Issue(s) of: WHATSOEVER, EXCEPTI WHEN ATTENDING A FUNCTION OPERATING UNDER AN ALCOHOL PERMIT 'ISSUED IN AC CORDANCE WITH CHAP TER 9.84 OF THIS CODE. THE FULL TEXT OF THE', ORDINANCE IS AVAIL JUNE 1 4, 2007 ABLE IN THE"CITYI CLERK'S OFFICE: I PASSED AND ADOPTED by the City Council of l the City of Huntington Beach at a regular meeting held June 4, 2007 by the following, roll call vote: AYES: Bohr, Carchio,. declare, under penalty of perjury, that HCook,IansenCoerper, Green, the foregoing is true and correct. NOES:None ABSENT:Hardy � This ordinance is effec-1 tive 30 days after adop-' tion. Executed on JUNE 1 4, 2 0 0 7 CITY OF HUNTINGTON CH 2000 MAIN STREET at Costa Mesa, CA 26 California. HUNTINGTON BEACH, 48. • 714-536-5227 JOAN L.FLYNN,CITY CLERK Published' Huntington Beach Independent June 14,2007 Signature 2466�&vQ )e. /A&WU0770.J Council/Agency Meeting Held: -t/��7� Deferred/Continued to: � �o 4, Jat4fAl ---' Approved ❑ onditi n II roved ❑ Denied C Cler s Si ture Council Meeting Date: 5/21/2007 Department ID Number: CA-07-13 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS SUBMITTED BY: JENNIFER McGRA ity Attorney PREPARED BY: JENNIFER McGRA ity Attorney SUBJECT: Adopt Ordinance Amending Huntington Beach Municipal Code Chapter 13.48 Relating to the Consumption and Possession of Alcohol and Public Intoxication within City Parks Statement of Issue,Funding Source,Recommended Action,.Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue.: The City Attorney is recommending that Huntington Beach Municipal Code Chapter 13.48 relating to Parks be amended as to Section 13.48.110, which regulates the consumption and possession of open and closed alcoholic beverages as well as public intoxication in parks within the City. Funding Source: No funds required Recommended Action: Motion to adopt Ordinance No. 3768 , An Ordinance Of The City Of Huntington Beach Amending Chapter 13.48 Of The Huntington Beach Municipal Code Relating To The Consumption And Possession Of Alcohol And Public Intoxication Within City Parks. Alternative Action(s): Do not adopt Ordinance No. 3768 Analysis: Currently, the Huntington Beach Municipal Code ordinances that regulate the consumption of alcohol in public are sections 9.44.010 (public places), 13.08.090 (beaches), and,13.48.110 (parks). However, HBMC section 13.48.110, which was last amended in 1980, also regulates the possession of both open and unopened alcoholic beverages of any kind and prohibits an intoxicated person from entering or remaining in a park. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 5/21/2007 DEPARTMENT ID NUMBER: CA-07-13 As a general rule, state law preempts local regulation of the possession of alcoholic beverage containers. The California Constitution states: "the State of California . . . shall have the exclusive right and power to license and regulate the manufacture, sale, purchase, possession, and transportation of alcoholic beverages within the State." Cal. Const. art. XX § 22. The California Constitution does not address the issue of consumption of alcohol. California Courts have interpreted article XX, Section 22 to mean that state law preempts local regulations dealing with possession of alcoholic beverages (closed or open) but allows cities to regulate the public consumption of alcoholic beverages. (People v. Brewer (1991) 235 Cal.App.3d 909, 911-12; People v. Ramirez (1994) 25 Cal.AppAth Supp. 1 (stating "the city has no authority to regulate the possession of alcohol in public places, including parks"); People v. Butler(1967) 252 Cal.App.2d 1053.) The pertinent state laws that regulate the possession of alcohol in public places are found within the California Business and Professions Code. Section 25620 provides that if a city or county prohibits consumption of alcohol in certain publicly owned areas, any person possessing an open container in those areas is guilty of an infraction. Under this statute, where the City prohibits the consumption of alcohol in public parks, police officers may issue a citation for a violation of section 25620 to any person in possession of an open container. It should be noted that this section does not empower police officers to issue infractions for possession of closed containers in areas where consumption of alcohol is prohibited. However, section 25662(a) provides that any person under 21 years of age in possession of any open or closed container can be charged with a misdemeanor. Also, section 25608 prohibits the consumption, possession, sales, or delivery of any open or closed container on any public school property, with some exceptions. As state law prohibits the City from regulating public intoxication or the mere possession of alcohol in public parks, Huntington Beach Municipal Code Section 13.48.110 should be consistent with state law. Environmental Status: N/A Strategic Plan Goal: C-2 Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Attachment(s): City Clerk's Page Number No. Description 1. Ordinance No. 3768 An Ordinance of the City of Huntington Beach Amending Chapter 13.48 of the Huntington Beach Municipal Code Relating to the Consumption and Possession of Alcohol and Public Intoxication within City Parks 2. Le islative Draft of Section 13.48.110 -2- 5/8/2007 2:42 PM ATTACHMENT NO . 1 ORDINANCE NO. 3768 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.48 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE CONSUMPTION AND POSSESSION OF ALCOHOL AND PUBLIC INTOXICATION WITHIN CITY PARKS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 13.48.110 of the Huntington Beach Municipal Code is hereby amended to read as follows: 13.48.110 Alcoholic beverages. No person shall, within the boundaries of any public park within the City, consume 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. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of June , 200 7 zwux 61SIAAA A00 Mayor- ATTEST: INITIATED AND APPROVED AS TO FORM: City Clerk REVIEWED AND APPROVED: City ttorney 57 '��- Cit Administrator 07-98719257 Ord. No. 3768 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of 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 21st day of May,2007, and was again read to said City Council at a regular meeting thereof held on the 4th day of June,2007, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen NOES: None ABSENT: Hardy ABSTAIN: None 1,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on June 14,2007. In accordance with the City Charter of said City Joan L. Flynn,City Clerk City JVerk and ex-officio Cl Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT , NO . 2 ORDINANCE NO. LEGISLATIVE DRAFT SECTION 13.48.110 PARKS 13.48.110 Alcoholic beverages. No person shall, within the boundaries of any public park within the City, consume o have i hi � � „ e st dy o n*re' either- tmepened 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. Ne- . (1026-2/64, 2043-4/76, 2451-11/80) Huntington Beach Municipal Code Chapter 13.48 Page 1 of 5 9260 RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney SUBJECT: ORDINANCE AMENDING CHAPTER 13.48 COUNCIL MEETING DATE: May 21, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Ap licable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over$5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) AttachNot Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS' REVIEWED RETURNED FORWARDED Administrative Staff Deputy City Administrator Initial E City Administrator Initial City Clerk EXPLANATION,FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: TJ 9256