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