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HomeMy WebLinkAboutOrdinance 3984 Repealing Huntington Beach Municipal Code Cha PROOF OF PUBLICATION STATE OF CALIFORNIA) sse CITY OF HUNTINGTON COUNTY OF ORANGE ) BEACH LEGAL NOTICE owmANa NO.3984 am a citizen of the United States and a Adopted by the City Council on AUGUST 19,2013 resident of the County of Los Angeles; I "AN ORDINANCE OF THE CITY OF HUNTINGTON am over the age of eighteen years, and BEACH REPEALING BEACH not a party to or interested in the notice MUNNICIPAIL CODE CHAPTERS 9.24.090 RE- published. I am a principal clerk of the LATING, To CARD GAMES, 9.44.015 RE- HUNTINGTON BEACH LATING TO REGULATION INDEPENDENT,- which was-adjudged a SSUMPTION°ONC oR ABOUT INDEPENDENCE newspaper of general circulation on DAY AND 9.94.070 (c) (i), 00, (iii) AND.(iv) September 29, 961, case A6214, and RELATING TO ALCOHOL U S E P,E R M I T June 11, 1963, case. A24831, for the REQUIREMENTS" SYNOPSIS: City of Huntington -Beach, County of CITY COUNCIL DIRECT ; ED THAT THESE SEC- Orange, and the State of California. TIONS BE REPEALED PASSED AND ADOPTED Attached to this Affidavit is a true and by the City Council of complete copy as was printed and the city of Huntington Beach at a regular published on the following date(s): August 19,2013 by the following roll call vote: AYES: Sullivan, Hardy; Harper, Boardman, Carchio, Shaw, .Katapodis ' Thursday, August 29, 2013 NOES:None ABSTAIN:None ABSENT:None THE FULL TEXT OF THE ORDINANCE IS AVAILABLE IN THE CITY 'S certify (or declare) under penalty This CLERK ordin nc°e. IsEef- of perjury that the foregoing is true 'ef- fective adoppti s0 days after ion. ' and correct. CITY OF HUNTINGTON. BEACH 2000 MAIN STREET HUNTINGTON BEACH,, CA 92648 714-536-5227 JOAN L.FLYNN,CITY CLERK Executed on September 4, 2013 13 H. B. INDEPENDENT PUBLISH:8/29/2013 at Los Angeles, California 77flri. ��.�r�Il Signature Dept.ID CA 13-008-Page 1 of 1 Meeting Date:8/5/2013 s/19/,3 A-boPrc- -o V CITY OF HUNTINGTON BEACH yP„§ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: August 5, 2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Approve for Introduction Ordinance No. 3984 Repealing Huntington Beach Municipal Code Chapters 9.24.090 Relating to Card Games, 9.44.015 Relating to Regulation of Alcohol Consumption on or about Independence Day, and 9.84.070 (c) (i), (ii), (iii), & (iv) Relating to Alcohol Use Permit Requirements Statement of Issue: City Council directed that these sections be repealed. Financial Impact: N/A Recommended Action: Approve for Introduction Ordinance No. 3984, "An Ordinance of the City of Huntington Beach Repealing Huntington Beach Municipal Code Chapters 9.24.090 Relating to Card Games, 9.44.015 Relating to Regulation of Alcohol Consumption on or about Independence Day, and 9.84.070 (c) (i), (ii), (iii), & (iv) Relating to Alcohol Use Permit Requirements." Alternative Action(s): Do not approve An Ordinance of the City of Huntington Beach Repealing Chapters 9.24.090, 9.44.015, 9.84.070 (c) (i), (ii), (iii), & (iv) of the Huntington Beach Municipal Code (HBMC). Environmental Status: N/A Strategic Plan Goal: Enhance and maintain public safety. Attachment(s): 1. Ordinance No. 3984, "An Ordinance of the City of Huntington Beach Repealing Huntington Beach Municipal Code Chapters 9.24.090 Relating to Card Games, 9.44.015 Relating to Regulation of Alcohol Consumption On Or About Independence Day and 9.84.070 (c) (i), (ii), (iii), and (iv) Relating to Alcohol Use Permit Requirements." HB -665- Item 26. - I ATTACHMENT # 'I ORDINANCE NO. 3984 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING HUNTINGTON BEACH MUNICIPAL CODE CHAPTERS 9.24.090 RELATING TO CARD GAMES, 9.44.015 RELATING TO REGULATION OF ALCOHOL CONSUMPTION ON OR ABOUT INDEPENDENCE DAY AND 9.84.070 (c) (i), (ii), (iii) AND (iv) RELATING TO ALCOHOL USE PERMIT REQUIREMENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter 9.24.090 of the Huntington Beach Municipal Code is hereby repealed. SECTION 2. Chapter 9.44.015.of the Huntington Beach Municipal Code is hereby repealed. SECTION 3. Chapter 9.84.070 (c) (i), (ii), (iii) and (iv) of the Huntington Beach Municipal Code is hereby repealed. SECTION 4. 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 19th day of August , 2013. e Mayor ATTEST: APP VED AS TO FORM: C GA-% City Clerk V City ttorney --7 l REVI D APPROVED: �IATED AND APPROVED: it ager Cit AttorneyIj l ) ?� 13-3848/99741.doe Ord. No. 3984 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 August 5, 2013, and was again read to said City Council at a Regular meeting thereof held on August 19, 2013, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis NOES: None ABSENT: None ABSTAIN: None I,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 August 29,2013. In accordance with the City Charter of said City Joan L. Flynn, Cfty Clerk Ci Clerk and ex-officio rk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Ordinance No. 3984 LEGISLATIVE DRAFT -- -- Chanter 9.24 GAMBLING (713-5/59,2102-9/76, 3852-1/10) Sections: 9.24.010 Anything of value defined 9.24.020 Premises--Keeping 9.24.030 Permitting unlawful 9.24.040 Betting--Limitations 9.24.050 Card games 9.24.060 Winnings--Accepting 9.24.070 Losses 9.24.080 Betting valuables of another 9.24.100 Permitting unlawful use of premises 9.24.110 Seizure of equipment 9.24.120 Card games--Inspection 9.24.130 Hindering inspection 9.24.140 Construction 9.24.150 Non-profit-EXEMPTION 9.24.010 Anything of value defined. "Anything of value" means money, coin, currency, check, chip, allowance, token, credit, merchandise, property or anything representative of value, and includes without limitation any payment for services or for the use of any premises, cards, chips, furniture or other article. "Anything of value" also means any increase or probable increase in business or patronage resulting directly or indirectly from the playing of any game of cards permitted by section 9.24.050. "Anything of value" also means any rent, remuneration or compensation of any nature received by any person, firm, corporation, club, lodge, association or church for the use or occupancy of any premises where the major, primary or usual use of said premises is for the playing of card games permitted by section 9.24.050. (713-5/59,2102-9/76) 9.24.020 Premises--Keening. No person (either as principal, agent, employee or otherwise) shall keep, conduct or maintain in this city any house, room apartment or place used in whole or in part as a place where any game not mentioned in section 330 or 330a of the Penal Code of the state of California, is played, conducted, dealt, or carried on, with cards, dice, billiard balls, pool balls, cues or other devices, for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value, except that bingo games may be conducted pursuant to Chapter 5.64 of this code. (536-2/49,2102-9/76) 9.24.030 Permitting unlawful. No person(either as principal, agent, employee or otherwise) shall knowingly permit any house, room, apartment or place owned by him or under his charge or control in this city to be used in whole or in part for playing, conducting, dealing or carrying on therein any game not mentioned in section 330 and 330a of the Penal Code of the state of California, with cards, dice, billiard balls, pool balls, cues or other devices, for money, checks, chips, credit or any other thing of value, except that bingo games may be conducted pursuant to Chapter 5.64 of this code. (536-2/49,2102-9/76) 9.24.040 BettintE -Limitations. No person shall play or bet at or against any game not mentioned in sections 330 or 330a of the Penal Code of the state of California, with cards, dice, billiard balls, pool balls, cues or other thing of value, except that bingo games may be conducted pursuant to Chapter 5.64 of this code. (536-2/49,2102-9/76) Huntington Beach Municipal Code Chapter 9.24 Page 1 of 3 9.24.050 Card Games. Notwithstanding the provisions of sections 9.24.020 through 9.24.040, any game played with cards, and not mentioned in section 330 of the Penal Code of the state of California shall not be prohibited unless in violation of one or more of the following sections of this chapter. (713-5/59) 9.24.060 Winnings--Accepting. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons to receive directly or indirectly anything of value from the playing or operation of any game of cards permitted by section 9.24.050, other than the actual winnings to which a person playing such a game in good faith for himself alone may be entitled as the result of such game. (713-5/59) 9.24.070 Losses. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons to give anything of value for being permitted to participate in any game of cards permitted by section 9.24.050 other than to pay the actual losses sustained by such person playing such game in good faith for himself alone. (713-5/59) 9.24.080 Betting valuables of another. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons to bet or wager anything of value belonging to another person in any game of cards permitted by section 9.24.050. (713-5/59) 9.24.090 Card ,. , play, paAieipate in, of be pfesent at any game of fds o it4e b seetion 9 2n 050 between rho hettfs sofa and 6 9.24.100 Permitting unlawful use of premises. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons, either as owner, lessee, agent, employee, mortgagor or otherwise, knowingly to permit any room, building or premises, or any furniture, fixtures, equipment or other article, or anything of value, to be used for or in any game of cards, permitted by section 9.24.050, in connection with which a violation of sections 9.24.060 through 9.24.080 occurs. (713-5/59) 9.24.110 Seizure of equipment. In addition to any other remedy provided by law, any furniture, fixtures, equipment or article, or anything of value, used in violation of section 9.24.100 may be seized by any of the officers designated by sections 335 and 3 3 5 a of the Penal Code of the state of California, and in such cases shall be disposed of as provided in section 335a of said Penal Code; provided, however, that the phrase "machine or device" as used in section 335a of the Penal Code, shall mean any furniture, fixtures, equipment or article, or anything of value except money, coin or currency. Any or all money, coin or currency used in violation of section 9.24.100 and seized pursuant to this section shall be deposited in the city general fund. (713-5/59) 9.24.120 Card games--Inspection. When any game of cards is being played which is permitted by section 9.24.050, it shall at all times be open to inspection by regular full-time police officers of the city while on actual duty. (713-5/59) 9.24.130 hindering inspection. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons to hinder, impede, obstruct, prohibit or prevent or to assist in such hindering, impeding, obstructing, prohibiting or preventing any such lawful inspection as provided for in section 9.24.120. (713-5/59) 9.24.140 Construction. Nothing in this chapter shall be construed as permitting any game of cards prohibited by section 330 of the Penal Code of the state of California. (713-5/59) Huntington Beach Municipal Code Chapter 9.24 Page 2 of 3 9.24.150 Non-profit-EXEMPTION. The provisions of the Chapter do not apply to events held by non-profit organizations which are properly permitted by the State. (3852-1/10) Huntington Beach Municipal Code Chapter 9.24 Page 3 of 3 LEGISLATIVE DRAFT Huntington Beach Municipal Code 9.44.010--9.44.015(B) Chapter 9.44 INTOXICATED AND DISORDERLY PERSONS (72-3/11,407-2/38, 508-4/47,3291-8/95,3363-7/97, 3434-9/99) Sections: 9.44.010 Drinking in public places —9.44.01 c Regulation falea 1 eons +; ,,, .,>,atA inde endenee Lug, 9.44.020 Disorderly houses 9.44.030 Complaints--Previous convictions 9.44.040 Repealed--3363-7/97 9.44.010 General: Drinking in public places. No person shall drink any malt, spirituous or vinous liquor containing more than one-half of 1 percent of alcohol by volume, upon any public streets, alleys, sidewalks, parkways, playgrounds, parking lots open to the public, public parks, public school grounds, and public recreation areas within this city, unless such person is on any place for which a conditional use permit or special permit has been issued by the City of Huntington Beach permitting alcohol consumption. (72-3/11,407-2/38, 3363-7/97, 3434-9/99) in these , of ,.:ty ,,n of these dates set faftl, ;, Seel o (b,l below, o virtv� v�.iv vr, pefsen shall > of ethefwise eansume, any malt, aleehel by-valuffie, upen any „b,lie st«v + alley, sidewalk, path, par-kvvay park, beaeh, pier-, par-k4ng lot ef pafking f4eility of on_y vain. O,pefmi , t 1, b.een issued by the City of LT,,,-. ingt.,,-, Beael, ,-,vim;++;.,,. alevl eensumption. This efdinanee shall also apply to lawPdl eeeupiefs and t lb,l This seetien shall only be in ef'feet between ee 1 2:00 neon on✓Tu1.y' 2, 199 PST „ 7 err . .� , 1 1 2!00 neen PST an T 1 6, 1997, ,1 shall ply ,,.-.l„t that o f tb,o t >bounded by Pae f e Coast Highway ., the s „tb, Beaeb. T2ettle,,,,«.1 e tb,o east, Yerk4evffi en the «tL and G I st St« t en the o f (e) (1) Definifiens- A."P blie " f puf-posesof this so,.+;,., C'ee fi f 9.44.015, sha l mean and inelude any plaee of l t; „b edhe ,rate b,l' ^, viie pf )- (i) to zv«>h;ah the ee e al p4l;a ; invited e«to „ b h;ah the ne e«al `il -� (u;;) vuieh ah„ts a „hlie fight of, of hl;el„ e ed p p ef3te<> B. n Ep nf ptffp6Scs-=fthis 3eEdzor-urov-means uincreda of > walkway, peftien of ot4side steps, aeeess to tha4 afea. An npen gafage ,.high difeeth> ah„ts a „hl;a will any gr-otmd level entfaneeways inifnediately in front fesidenee, sueh a a e efA slab pfev;ded that ;t ; et f;,ll,> e elosed G. Te,-ma„e,-,t rh<>s;aal ha««;er-" means a pefmane„+ e ales„«e with a saf ates > height, aeeesss sueh-as a fenee with elosed gate, , rh« ken hedging with n elesed gate walls o«l;7Le nt, t„«on with a fneans of fully festfieting D. "Lawffil oeettpief" shall me any pefson ,>he has a lawful fight to he en a i, an tenaiAsf•, efty d invited guests. e non � „ a o � .,r (ii) patios haek of side , a«ds o pfivate , e „>vessels h;ah ah„t a Sato eerie-beaeh, fnafina, deek wate3 (;;;) e elened haek of side , a«dn of pages „>h;ah de not ah„t a r„hbu, stfeet,sidewa4k, of all (iv) deev blhgfass ld n� a d ens pefe e n� «!a--Am n� « e afeas-, sepafated ffem the ah„tt;,,.<publie sidewalk, st«eet ef alley, b,.> ,4 ,sated fence of eles„«e at leant t >e (2) foot i hei"t_e e e pro7 i that the ��7 el„d ng gate e ,sates cracd-tzrarzrrc£Ytrto�e-6�ei3E�, -----------a --a---= -Y a-----, f;,ll„and eampletel„ e eleses the afea «allel to „>h;eh the pfapeft,> 1; ah„ts the ,b.l; sidewalk, st« et ef alley, n «allel to the side pfopefty lines to a pein4<,>hieh ee,-,,.,eets to the tiCJ-GV {.11V n,de„ee of building e eonneats with a deal- halee„„> ef «ah• („) an e e Hided by all similaf st« et„« of five (5) feet in of gfeatef, , i a (, ;) baketties «f;,ll, elevated ehe ated f em the «d afeaJff 9.44.020 Disorderly houses. It is unlawful for any person to keep a riotous house, or permit any riotous or disorderly conduct in any house, yard or premises connected therewith, owned or occupied by such person, or be guilty of any riotous or disorderly conduct in any house, yard or premises whereby the peace, quiet or decency of any person in the neighborhood of such house, may be disturbed. (72-3/11) 9.44.030 Complaints--Previous convictions. Upon the filing of a complaint under this chapter, the person filing same shall ascertain from the police department the number of previous convictions and shall add an allegation to said complaint setting forth the number of convictions. (72-3/1 1, 508-4/47) LEGISLATIVE DRAFT Huntington Beach Municipal Code 9.84.010--9.84.030(a) Chapter 9.84 ALCOHOL USE PERMIT (2043-4/76) Sections: 9.84.010 Purpose 9.84.020 Definitions 9.84.030 Application 9.84.040 Restriction on permits 9.84.050 Application--Approval 9.84.060 Application--Denial--Appeal procedure 9.84.070 Requirements 9.84.080 Prohibited activities 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. (2043-4/76) 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 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. (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 mixture 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. (e) "Wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes, or other agricultural 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 agricultural 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. (2043-4/76) 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 contain the following statements and information: (a) The name, age and address of the applicant in the case of an individual; in the case of a club, organization, or corporation, 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) nonrefundable 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 forty-eight(48) hours prior to the scheduled activity without forfeiture of fees collected, except application fee. (2043-4/76) 9.84.040 Restriction on permits. No such permit shall be issued to a person who is not of good character or reputation in the community in which he resides. (2043-4/76) 9.84.050 Application--Approval. Copies of the application 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 City Administrator within ten (10) days of receipt of the application a report containing any comments, possible schedule conflicts, 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 either to approve or deny the issuance of a permit. Upon making such decision he shall: (a) 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 Section 9.84.040 and 9.84.070 of this code. (b) In the case of denial, notify the applicant in writing of the denial, and provide him with a copy of Section 9.84.060 of this code. (2043-4/76) 9.84.060 Application--Denial--Appeal procedure. The procedure 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 their 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. (2043-4176) 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. (e) if a deteftnination is made by the City iAd ii inis44ef, a-Hy Depaftffieiii Dife te, the Chief o f Pet;ee th4 evE4 tab,..• shall be , ,.e.t at the L 1I VVLVl, Vl Lll� V�111L e ufiyit-y, the east f said t.,b e f shall be estimated .,,,..a ., live . A deposited VLl V1L,', Llll.� VVJL Vi withit the eity tfe s,,..e.• t least fefty eight(48) t,, ufs r f t the se e,t„tea 1 L11 L114� V l l}' L1 V✓ aeee 7 — (iii) Resefve peliee off eef$7.59 pef heuf per offieef; and (d) Proof of an alcoholic beverage control license shall be provided if alcohol is to be sold during the scheduled activity. (2043-4/76) 9.84.080 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. (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. (2043-4/76) t CITY OF HUNTINGTON BEACH s f City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Matthew Harper, Mayor Pro Tern Jill Hardy, City Council Member Date: July 8, 2013 Subject: CITY COUNCIL ITEM FOR THE JULY 15, 2013, CITY COUNCIL MEETING— REVIEW OF HUNTINGTON BEACH MUNICIPAL CODE, CHAPTER 9 AND RECOMMENDATIONS STATEMENT OF ISSUE: The Huntington Beach City Council recently repealed two sections of Chapter 9 from the Huntington Beach Municipal Code. These sections were found to be outdated and no longer relevant. Specifically, Sections HBMC 9.28 — Pinball Machines and HBMC 9.60 — Hypnotism, have been repealed by the City Council. Based on this action, the Police Department conducted a comprehensive review of Chapter 9 of the Huntington Beach Municipal Code in its entirety. The review was handled by the Executive Division, under the direction of the Chief of Police, with input from units that included Vice and Intelligence, Directed Enforcement Team, Special Enforcement Team, and the Aero Unit, RECOMMENDED ACTION: As a result of the review and in an effort to update Chapter 9 of the Huntington Beach Municipal Code, we propose the City Attorney prepare an ordinance to repeal the following sections that are outdated and no longer necessary: • HBMC 9.24.090-- Card Games • HBMC 9.44.015 — Regulation of Alcohol Consumption on or about Independence Day ® HBMC 9.84.070 D (i),(ii),(iii) and (iv) Alcohol Use Permit Requirements. xc: Fred Wilson, City Manager Bob Hall, Deputy City Manager Joan Flynn, City Clerk Jennifer McGrath, City Attorney Ken Small, Police Chief