Ordinance - 16171617
ORDINANCE NO. ----
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING THE WEST COVINA MUNICIPAL CODE
BY ADDING SECTION 15-6 AND BY ADDING TO
SECTION 1-37.1, PROHIBITING THE POSSESSION
OF OPENED ALCOHOLIC BEVERAGE CONTAINERS
• ON POSTED PREMISES LICENSED WITH A RETAIL
PACKAGE OFF -SALE ALCOHOLIC BEVERAGE LICENSE,
INCLUDING POSTED PARKING LOTS AND ADJACENT
PUBLIC SIDEWALKS, AND REQUIRING THAT THE
PREMISES BE POSTED AND MAKING THE VIOLA-
TION THEREOF PUNISHABLE AS AN INFRACTION.
WHEREAS, Section 647e of the Penal Code authorizes
the City to adopt an ordinance prohibiting the possession of
opened alcoholic beverage containers on posted premises
licensed with a retail package off -sale alcoholic beverage
license, including posted parking lots, and adjacent public
sidewalks, and requires that the violation thereof be
punishable as an infraction; and
WHEREAS, Section 647e of the Penal Code provides
that any ordinance adopted pursuant thereto shall require
posting of the premises.
NOW, THEREFORE, the City Council of the City of
West Covina does ordain as follows:
SECTION 1. The West Covina Municipal Code is
• amended by adding Section 15-6 to read as follows:
15-6 Possession of Opened Alcoholic Beverage
Containers on Posted Premises.
(a) No person who has in his or her posses-
sion any bottle, can or other receptacle contain-
ing any alcoholic beverage -which has been opened,
or a seal broken, or the contents of which have
been partially removed, shall enter, be, or remain
on any posted premises, as defined in subsection
(c) of this section.
(b) The retail package off -sale alcoholic
beverage licensee and the owner of the premises
which are subject to licensure under any retail
package off -sale alcoholic beverage license,
including the parking lot immediately adjacent to
the licensed premises, shall post and maintain,
in good repair, in a conspicuous place at each
entrance to the licensed premises and to the
parking lot immediately adjacent thereto, a sign
that gives notice substantially as following:
"Possession of Opened Alcoholic Beverage Container
on These Premises and the Adjacent Public Sidewalk
is Prohibited. W.C.M.C. Sec. 15-6(a)."
(c) As used this section, "posted premises"
means those premises which are subject to licen-
sure under any retail package off -sale alcoholic
beverage license, pursuant to Division 9 (com-
mencing with Section 23000) of the Business and
Professions Code, the parking lot immediately
adjacent to the licensed premises and any public
sidewalk immediately adjacent to the licensed
premises on which clearly visible notices indicate
to the patrons of the licensee and parking lot and
to persons on the public sidewalk, that the
• provisions of subdivision (a) are applicable.
(d) The provisions of this section shall not
apply to any private residential parking lot which
is immediately adjacent to the posted premises.
SECTION 2. The West Covina Municipal Code is
amended to make the violation of Section 15-6(a) and (b)
punishable as an infraction by adding to Section 1.37.1, in
numerical order under the heading "Chapter 15 - Miscellan-
eous Provisions Relating to Public Health and Safety", the
following:
15-6(a), (b)
SECTION 3. If any section, subsection, sentence,
clause, phrase, part or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by any court
of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause,
phrase, part or portion ther?of, irrespective of the fact
that any one or more sections, subsections, clauses, phrases,
parts or portions be declared invalid or unconstitutional.
• SECTION 4. The Mayor shall sign and City Clerk
shall certify to the passage and adoption of this Ordinance
and shall cause the same to be published in the manner
prescribed by law.
PASSED and APPROVED this 12th day of December
19833.
ATTEST:
CITY CL!IE!RK
MAYOR
State of California )
County of Los Angeles ) ss
City of West Covina )
• I, HELENE M. MOONEY, City Clerk of the City of West Covina, do hereby certify
that the foregoing Ordinance No. 1617 was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on the 28th day of November,
1983. That, thereafter, said ordinance was duly adopted and passed at a regular
meeting of the City Council on the 12th day of December, 1983, by the following
vote, to wit:
AYES: Tice, Tennant, Shearer, Bacon, Chappell
—2—
NOES: None
ABSENT: None
APPROVED AS TO FORM:
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Cit Atto ney
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City Cler
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C E R T I F I C A T I O N
State of California. )
County of Los Angeles ) ss.
City of West Covina. )
I, JANET BERRY, Deputy City Clerk of the City of
West Covina., State of California., do hereby certify
that a true and accurate copy of Ordinance No.. U00.
was published, pursuant to law, in the West Covina.
Tribune, a. newspaper of general circula.tion published
and circulated in the City of West Covina..
Dated Q (�
Janet Berry, Deputy City Clerk
City of West Covina, California