HomeMy WebLinkAboutORD-04-98 Amend Ch 5.49 Business Estalishment Alcohol ManagementORDINANCE NO. 4-
98 AN URGENCY MEASURE OF THE CITY COUNCIL
OF THE CITY OF ORANGE AMENDING SECTION 17.30.
030 AND ENACTING CHAPTER5.49 OF THE
ORANGE MUNICIPAL CODE REGARDING THE
REQUIREMENT FOR A BUSINESS ESTABLISHMENT
ALCOHOL MANAGEMENT AND EDUCATION PROGRAM
AND TRAINING FOR BUSINESS
ESTABLISHMENTS PRIMARILY DEVOTED TO SERVING
ALCOHOLIC BEVERAGES FOR CONSUMPTION BY GUESTS ON
THE PREMISES. THIS URGENCY ORDINANCE SHALL
TAKE EFFECT IMMEDIATELY IN ORDER TO PRESERVE
AND PROTECT THE PUBLIC PEACE, HEALTH AND
SAFETY.fVHEREAS, business establishments that are primarily devoted to the serving
of alcoholic beverages for consumption by guests on lhe premises have a propensity to require
the services of the Orange Police Department more often than those business establishments
in which the serving of alcoholic beverages for consumption by guests on the premises is
incidental to the se,rving of food;
and fVHEREAS, calls for police services may be reduced through effective management
of bars andl taverns that are primarily devoled to the serving of alcoholic beverages for
consumption by guests on the premises, such as calls related to public disturbances, physical
altercations,drunkenness and drunk driving, drug use, loiteling, public nudity, and alcohol consumption
by minors;
and fVHEREAS, the experience of the Orange Police Department and other police
agencies indicates lack of effective premises management is a major contributing factor to
the disproportionate calls for police services at business establishments that are primarily devoted
to the serving of alcoholic beverages for consumption by guests on the premises;
and WHEREAS, the public safety demands responsible operation of business
establishments that are primarily devoted to the serving of alcoholic beverages for consumption by guests on
the premises;
and fVHEREAS, the City seeks to encourage safe and responsible alcohol practices
by consumers and business establishments that are primarily devoted to the serving of
alcoholic beverages for consumption by guests on the premises;
and fVHEREAS, this Ordinance is intended and designed to reduce alcohol-
related problems through training of alcohol beverage servers and implementation of industry
standards regarding management of business establishments primarily devoted to the serving of
alcoholic beverages for consumption by guests on the
WHEREAS, the City has examined and considered the impact of businesses that are
primarily devoted to the serving of alcoholic beverages for consumption by guests on the
premises upon the public health, safety, and welfare of its community and finds that the
enactment of this ordinance is in the vital and best interests of the City of Orange and the health,
safety and welfare of its residents, and in accord with the public purposes and provisions of
applicable federal, state and local laws and requirements; and
WHEREAS, the City Council finds and determines that the level of police services will
be increased if this urgency ordinance is not passed and adopted, which may result in an increase
in exposure to risk of injury to citizens of the City of Orange and property loss; and
WHEREAS, it is anticipated that in the near term future the City will be asked to
consider and approve several applications for conditional use permits for proposed new bars
and/or taverns; and
WHEREAS, the City Council does therefore determine, by a four-fifths vote, that
this urgency ordinance is necessary for the immediate preservation and protection of the
public peace, health or safety of the
community.NOW, THEREFORE, the City Council of the City of Orange does ordain as
follows:SECTION
I:The following new subparagraph is hereby added to Section17.30.030.C. as
follows:7. Any original on-sale license for a bar or tavem shall be subject to
an approved Business Establishment Alcohol Management and Education Program ("
Program"), as specified inChapter 5.49 of
this code.
SECTION II:Chaptl:r 5.49 is hereby added to the Orange Municipal Code
as follows:CHAPTER
5.49 PROGRAM
AND
TRAININGSections:5.
49.010 5.
49.020 5.
49.030 5.
49.040 5.
49.050 5.
49.
060 Definitions Business Establishment Alcohol Management and
Education Program Manager and
Server
Training Appeals Abatement ofNon-Confornting
Bars
and Taverns Violations 2
5.49.010 Definitions.
a. "Approved Program" shall mean a Business Establishment Alcohol Management and
Education Program which has been approved by the Police Chief in accordance with regulations
adopted by resolution of the City Council, as the same may be amended from time to time.
b. "Bar" or "tavern" shall mean a facility primarily devoted to the serving of alcoholic
beverages for consumption by guests on the premises, in which the serving of food is incidental.
Bar" or "tavern" includes those facilities located within a hotel, motel, or other similar transient
occupancy establishment. However, when located within a building in conjunction with another
use, including a restaurant, "bar" or "tavern" includes only those areas set aside primarily for the
sale and service of alcoholic beverages. "Bar" or "tavern" does not include the dining area of a
restaunmt, regardless of whether alcoholic beverages are served lherein.
c. "Department" shall mean the Department of Alcoholic Beverage Control of the State of
California, or its successors or assigns.
d. "Manager" shall mean a person, regardless of the job title or description, to whom an
on-sale licensee has delegated discretionary powers to organize, direct, carry on or control
the operations of a licensed bar or tavem. Authority to control one or more of the
following functions shall be prima facie evidence that such a person is the manager of the
licensed
premIses:II) To hire or separate
employees.2) To contract for the purchase of furniture, equipment or supplies other than
the occasional replenishment of
stock.3) To disburse funds of the licensed business other than for the receipt of
regularly mplaced items of
stock.4) To make or participate in making, policy decisions relative to operations of the
licensed
business.e. "Responsible Beverage Service Training course" shall mean a trammg
program recognized by the Department for on-sale management ,md on-
sale professional servers.f. "Retailer's on-sale license" shall have the meaning given that term
under Chapter I of Division 9 of the Business and Professions Code of the State of Califomia, as
the same may be amendc:d
fromtime to time.5..49.020 Business Establishment Alcohol
Management and Education Program.a. No conditional use permit may be issued under andpursuant to Section
17.30.030 of this code to a person who applies to the Department for a Retailer's on-sale
license for a bar
tavem without each such person having first sought and obtained from the City an approved
Program.
b. No bar or tavern shall sell alcoholic beverages without an approved Program.
5.49.030 Manager and Server Training.
a. No bar or tavern shall sell alcoholic beverages without the presence of a manager at the
premIse's.
b. Each and every manager of a bar or tavem shall complete a Responsible Beverage
Service Training course within thirty (30) days of their date of hire.
c. Each and every person who serves alcoholic beverages for consumption by guests on
the premises of a bar or tavern shall complete a Responsible Beverage Service Training course
within lhirty (30) days of their date of hire.
5.49.040 Appeals.
a. Any person aggrieved by any action of the City in approving or failing to approve a
Business Establishment Alcohol Management and Education Program may appeal the decision
by filing with the City Clerk a statement addressed to the City Manager setting forth the facts and
circumstances regarding the appealed action. The City Clerk shall notify the applicant, in
writing" of the time and place set forth for the hearing on his or her appeal.
b. The right to appeal from the action of the City shall terminate upon the expiration of
fifteen (15) days following the date written notification advising the applicant of the action of the
City and of his or her right to appeal such action.
c. The hearing on the appeal shall be held within twenty (20) City business days of the
City Clerk's receipt ofthe appeal.
d. The appellate hearing shall be presided over by a hearing officer selected by the City. A
decision regarding said appeal shall then be issued no later than ten (10) City business days
following said hearing. The decision of the hearing officer shall be final.
5.49050 Abatement of Non-Conforming Bars and Taverns. Any bar or tavern which
is,as of the effective date of the ordinance codified in this chapter, or hereafter may be, in
violation of the provisions of this chapter shall comply with the provisions of this chapter by no later
than January 1,
2001.5.49.060 Violations. Any violation of any of the provisions of this chapter or any
failure to comply with any of the mandatory requirements thereof shall constitute an infraction
subject 4 Ord. No.
to subdivision (d) of Section 17 of the Penal Code and, notwithstanding Section 19.8 of the Penal
Code, is punishable by a fine not to exceed fifty dollars ($50) for a first violation, one hundred
dollars ($100) for a second violation within one year, and two hundred fifty dollars ($250) for a
third and for each subsequent violation within one year.
SECTION III:
Severability. If any section, subdivision, paragraph, sentence, clause or phrase of this
Chapter is for any reason held to be invalid or unconstitutional, such decision shall nol affect the
validity of the remaining portions of this Chapter. The City Council hereby declares that it
would have passed this Chapter, and each section, subdivision, paragraph, sentence, clause and
phrase thereof, irrespective of the fact that anyone (or more) section, subdivision, paragraph,
sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION IV:
This urgency ordinance shall take effect immediately in order to preserve and prolecl the
public peace, health or safety.
SECTIQN.Y:
A summary of this urgency ordinance shall be published once within fifteen (15) days
after this urgency ordinance is passed, in a newspaper of general circulation, published, and
circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk, a
certified copy of the full text of such adopted urgency ordinance along with the names of those
City Council members voting for and against the urgency ordinance in accordance with
Government Code Section 36933.
ADOPTED this IOU, day of March, 1998.
f' Z/j..._ r-t.-/
I'I"-I'
M;
yor of the City of Orange I
ATTEST:
5
Ord. No. 4-98
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA CATHCART, City Clerk of the City of Orange, California, do
hereby certify that the foregoing Urgency Ordinance adopted as an urgency measure was
introdnced, duly passed and adopted at the regular meeting of the City Council held on
the 10th day of March, 1998, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON,
ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
TJR:dg
6 Onl. No. 4-