HomeMy WebLinkAboutAgenda Report - May 3, 19956 1 CF CQ
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1618 Entitled, "An Ordinance of the City of Lodi Amending
Lodi Municipal Code Section 9.04.010 by Adding Thereto Subparagraph
[C], Allowing the Sale, Possession or Consumption of Alcoholic
Beverages on Designated Areas Upon Public Rights -Of -Way"
MEETING DATE: May 3, 1995
PREPARED BY: City Clerk
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the City
Council to adopt Ordinance No. 1618.
BACKGROUND INFORMATION: Ordinance No. 1618 entitled, "An Ordinance of the City of
Lodi Amending Lodi Municipal Code Section 9.04.010 by
Adding Thereto Subparagraph [C], Allowing the Sale,
Possession or Consumption of Alcoholic Beverages on Designated Areas Upon Public Rights -Of -
Way" was introduced at the regular City Council meeting of May 3, 1995.
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.
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Attachment
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APPROVED:
THOMAS A. PETERSON
City Manager
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ORDINANCE NO. 1618
AN ORDINANCE OF THE CITY OF LODI AMENDING
LODI MUNICIPAL CODE §9.04.010 BY ADDING THERETO
SUBPARAGRAPH [C], ALLOWING THE SALE, POSSESSION OR
CONSUMPTION OF ALCOHOLIC BEVERAGES ON DESIGNATED
AREAS UPON PUBLIC RIGHTS-OF-WAY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS
FOLLOWS:
SECTION 1. Lodi Municipal Code Section 9.04.010 - Alcoholic Beverage - Open
Container in Public - is hereby amended to include Section "C" as follows:
C. Nothing in this section shall prohibit the sale, possession or consumption of
alcoholic beverages on a public right-of-way, provided that all the following
conditions are met:
A valid right-of-way encroachment permit for such premises has
been obtained from the Public Works Director;
2. The location upon which such Alcoholic Beverages are to be sold,
consumed or possessed is adjacent to and operated as part of a
bona fide eating establishment;
3. The premises are appropriately licensed by the State of California
for such sale of alcoholic beverages;
4. The area of the public right-of-way upon which such alcoholic
beverages are to be sold, possessed or consumed is completely
surrounded by a fence or enclosure at least three feet (Y) high and
not directly accessible (with the exception of emergency exits or
gates from the surrounding public sidewalk or right-of-way.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 3. 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.
Approved this 17th day of May, 1995
LSN JACAIC MORMORD1618.DOC
STEPHEN J.
Mayor
State of California
County of San Joaquin, ss.
I, Jacqueline L. Taylor, Acting City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1618 was introduced at a regular meeting of the City Council of the City of
Lodi held May 3, 1995 and was thereafter passed and adopted and ordered to print at a
regular meeting of said Council held May 17, 1995 by the following vote:
AYES: Councilmembers - Davenport, Pennino, Sieglock, Warner and
Mann (Mayor)
NOES: Councilmembers - None
ABSENT: Councilmembers - None
ABSENT: Councilmembers - None
I further certify that Ordinance No. 1618 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
City
Approved as to Form:
BOB W. McNATT
City Attorney
T
LSN JACATIMORMORD1618.DOC