HomeMy WebLinkAboutAgenda Report - September 16, 1998AGENDA TITLE: Ordinance No. 1666 Entitled, "An Ordinance Of The Lodi City Council Repealing And
Reenacting Lodi Municipal Code Title 9, Public Peace, Morals And Welfare, Chapter
9.04.010, Relating To Alcoholic Beverage - Open Container In Public"
MEETING DATE: September 16, 1998
PREPARED BY: City Clerk
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the City Council to adopt
Ordinance No. 1666.
BACKGROUND INFORMATION: Ordinance No. 1666 entitled, "An Ordinance Of The Lodi City Council
Repealing And Reenacting Lodi Municipal Code Title 9, Public Peace, Morals
And Welfare, Chapter 9.04.010, Relating To Alcoholic Beverage - Open
Container In Public" was introduced at the regular City Council meeting of
September 2, 1998.
Pursuant to State statute, ordinances may be adopted five days after their introductions following reading by title.
This Ordinance has been approved as to form by the City Attorney.
FUNDING: None required.
Attachment
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Alice M. Reimc e
City Clerk
APPROVED:
H. Don Flynn -- City Manager,
ORDINANCE NO. 1666
AN ORDINANCE OF THE LODI CITY COUNCIL
REPEALING AND REENACTING LODI MUNICIPAL
CODE TITLE 9, PUBLIC PEACE, MORALS AND
WELFARE, CHAPTER 9.04.010, RELATING TO
ALCOHOLIC BEVERAGE — OPEN CONTAINER
IN PUBLIC
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
Section 1. Lodi Municipal Code Title 9, Public Peace, Morals and Welfare, Chapter 9.04.010
— Alcoholic Beverage — Open Container in Public - is hereby repealed and reenacted to read as
follows:
9.04.010 Alcoholic Beverage — Open Container in Public.
No person shall drink or have in his possession an open container of any
alcoholic beverage in the public right-of-way. Further, no person shall drink or
have in his possession an open container of any alcoholic beverage within fifty
feet of any public right-of-way while on private property open to public view
without the express permission of the owner, his agent or the person in lawful
possession thereof.
A. Exceptions:
In the Downtown, as delineated by the "Downtown Development
Standards and Guidelines" as approved by the City Council, the sale and
consumption of alcohol within the public right-of-way may be allowed in
conjunction with an event sponsored or conducted by the Downtown Lodi
Partnership. Said event shall have an alcoholic beverage license issued
by the State of California Department of Alcoholic Beverage Control and
written approval of the City Manager or his designee.
2. Sidewalk Seating Areas as defined in Chapter 12.04 "Encroachments."
Section 2. - No Mandatory Duty of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. - Severability. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
Section 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
Section 5. This ordinance shall be published one time in the "Lodi News Sentinel", a daily
newspaper of general circulation printed and published in the City of Lodi and shall be in force
and take effect thirty days from and after its passage and approval.
Apikoved this 16th d of Sep ember, 1998
n .
JAC A. SIEGLOCK
Mayor
Attest:
11 /.
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ALICE M. IMCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1666
was introduced at a regular meeting of the City Council of the City of Lodi held September 2,
1998 and was thereafter passed, adopted and ordered to print at a regular meeting of said
Council held September 16, 1998, by the following vote:
Ayes: Council Members — Johnson, Land, Mann, Pennino and Sieglock
(Mayor)
Noes: Council Members — None
Absent: Council Members — None
Abstain: Council Members — None
I further certify that Ordinance No. 1666 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
ALICE M. R MCHE
City Clerk
Approved as to Form:
RANDALL A. HAYS
City Attorney