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CITY COUNCIL AGENDA ITEM NO. 21
May 23, 2000
at a Public Event/Discussion/adoption of an Ordinance of the City of Brentwood
amending Title 9 by adding a new chapter relating to restrictions on canned
goods or bottled beverages at public events and exhibitions
Larry J. Shaw,
Chief of Police
Jon Elam, City
of an Urgency Ordinance amending Title 9 (Public Peace, Morals and Welfare)
by adding a new chapter 9.38 relating to restrictions on canned goods
or bottled beverages at public events and exhibitions.
the City of Brentwood has no ordinance regulating carrying canned or bottled
beverages into a public event. If
people respond to an event with beverages that are otherwise legal for
them to have in their possession, (even though that item is being sold
at the event) the sponsor and/or the police must rely on their voluntary
compliance with a request not to bring the beverage onto the event site.
Sometimes attendees comply, and sometimes they don’t.
This ordinance simply gives the City of Brentwood an opportunity
to prevent people bringing beverages and other canned goods into an event
site. As the Cornfest is
the next large public event, and will occur in July, the City needs the
ordinance to be in effect prior to this event.
more and more public events are sponsored by the City of Brentwood, service
clubs, other public entities and private persons, the need to regulate
beverages not sold by vendors has become more and more of an issue. This
ordinance is designed to support vendors while allowing the promoter to
control other beverages, which would otherwise be sold at the event, from
being brought in and consumed.
of the difficult issues faced by the police is controlling excessive consumption
of alcohol. Through the permit
process by the State and the City, it is fairly easy to deal with vendors
on site because rules require vendors to be responsible to those that
they serve. The problem comes,
however, when someone brings alcohol into an event, drinks excessively
and then becomes a problem for other attendees and ultimately for the
police and the sponsor.
of the expected outcomes of this ordinance is to raise the level of safety
for the public by controlling canned and bottled beverages being brought
into an event. Many of the
events on City property have a restriction on beverage service requiring
the beverage be served in a plastic cup.
The principle reason for this is that plastic cups generally can
not be used as weapons or be tossed into a crowd and cause injury.
Aluminum cans or glass containers, even partially filled with liquid,
can cause injury to a person if they are thrown, striking someone.
Glass containers can also be used as weapons even if they are empty.
Signs alerting people to this new ordinance will be posted at each entrance to minimize conflict between the police and attendees. At least one other city has used a similar ordinance successfully.
ORDINANCE OF THE CITY OF BRENTWOOD AMENDING TITLE 9 (PUBLIC PEACE, MORALS
AND WELFARE) BY ADDING A NEW CHAPTER 9.38 RELATING TO RESTRICTIONS ON
CANNED GOODS OR BOTTLED BEVERAGES AT PUBLIC EVENTS AND EXHIBITIONS
THE CITY COUNCIL
OF THE CITY OF BRENTWOOD DOES HEREBY ORDAIN AS FOLLOWS:
TITLE 9, CHAPTER 9.38 IS HEREBY ADDED TO READ AS FOLLOWS:
CANNED GOODS OR BOTTLED BEVERAGES AT PUBLIC EVENTS
Prohibition of canned goods or bottled beverages at public events
and at a public facility.
general access to a public facility or public grounds is controlled by
paid admission, invitation, or other similar restriction and posted signs
warning of the prohibition are clearly visible at all entrances, no person
shall possess or bring into the public facility or public grounds the
(A) any canned goods;
glass containers; or
(C) beverages other than bottled water
Permitted exceptions to prohibition of canned or bottled beverages.
The prohibition of canned goods, glass containers, or beverages
at a public facility or public grounds, as stated in 9.38.010, shall not
(A) the prohibition would jeopardize
the health of the person;
(B) the item or beverage is related
to on-site child or infant care; or
C) the item or beverage was
acquired at or brought to the public facility or grounds pursuant to and
consist with permitted vendor sales or distribution as allowed for that
event, activity, or exhibition.
Violation a misdemeanor-Penalty
Any person, firm or corporation violating any provision of this
chapter is guilty of a misdemeanor, and upon conviction thereof, shall
be punishable by a fine not exceeding five hundred dollars, or by imprisonment
in jail for not more than a period of six months, or by both such fine
This ordinance shall take effect thirty (30) days after passage
and shall within fifteen (15) days after passing, be posted in accordance
with section 36933 of the Government Code of the State of California with
the names of those City Councilmembers voting for or against it.
The foregoing ordinance was introduced at a regular meeting of
the City Council of the City of Brentwood, held on the 9th
day of May 2000, and had second reading on the 23rd day of
APPROVED AND ADOPTED
at a regular meeting of the City Council of the City of Brentwood held
on the 23rd day of May 2000 by the following vote:
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
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