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HomeMy WebLinkAboutOrd 15791 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE No. 1579 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 10.20 TO ALLOW SERVICE OF ALCOHOLIC BEVERAGES ON A PUBLIC SIDEWALK PURSUANT TO AN ENCROACHMENT PERMIT FOR A BONA FIDE PUBLIC EATING PLACE AND STATE LICENSE The CITY COUNCIL of the CITY OF BURLBVGAME does hereby ordain as follows: Section 1. The City has granted permits to allow tables and chairs to be placed in the public right -of --way in front of restaurants and other eating establishments for food service and consumption. Restaurant and business owners have asked the City to allow service of alcohol in connection with that food service under clear regulations to ensure that alcoholic beverages are limited to the restaurant area and provided only in conformance with State law. Such a privilege is dependent on the food service establishments to control the conduct of their patrons. Section 2. Section 10.20.010 of the Municipal Code is amended to read as follows: 10.20.010 Consumption of alcoholic beverages upon public property or private property without permission. person shall drink an y alcoholic beverage: (1) On an y street, sidewalk, lawn, alley, park or other public place, except as provided in subsections (b) an d (c) hereof; (2) While on private property open to public view without the express permission of the owner, his agent, or the person in lawful possession thereof. b. Beer or wine may be consumed upon public places as a part of a specific event or occasion when such consumption is specifically approved by the City Council an d subject to the following conditions: (1) Beer or wine may only be dispensed upon such public places by organizations having approval to do so from the City Council. (2) Beer or wine may only be dispensed by such organizations in paper or plastic cups or containers of similar materials. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) Consumption of such beer shall only be allowed within the areas specified by the City Council. (4) All other laws shall be complied with, including the prohibition of sales of alcoholic beverages by bazs, restaurants and stores for consumption upon such public places. c. Alcoholic beverages may be served and consumed upon a public place specifically defined in a City encroachment permit for such service and consumption in direct connection with the operation of a bona fide public eating place as defined in the State Alcoholic Beverage Control Act subject to the following conditions: (1) The service and consmnption conforms to the terms of the encroachment permit and permit regulations; and (2) The service and consumpkion is specifically allowed for the public place under a current on -sale license for the bona fide public eating place issued by the State Alcoholic Beverage Control Department, Section 3. This ordinance shall be published as required by law. Mayor I, IiJD1TH A. MALFATT'1, City Clerk ofthe City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 15thday of SEPT• , 1997, and adopted thereafter at a regular meeting of the City Council held on the 6thday of OCTOBER 1997, by the following vote: AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMEERS: JANNEY City Clerk C:\WP51\FILES\ORDINANC\ALCOIISID.CNL 2