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CITY COUNCIL AGENDA ITEM NO. 17  

Meeting Date:  June 13, 2000

 Subject/Title:     Second reading of Urgency Ordinance 635.

 Submitted by:    Larry J. Shaw, Chief of Police

 Approved by:     Jon Elam, City Manager

 RECOMMENDATION

Second reading of Urgency Ordinance No. 635 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.

 PREVIOUS ACTION

None

 BACKGROUND

Currently the City of Brentwood has no Urgency 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 Urgency 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 Urgency Ordinance to be in effect prior to this event.

 As 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 Urgency 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. 

 One 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.

 One of the expected outcomes of this Urgency 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 Urgency Ordinance will be posted at each entrance to minimize conflict between the police and attendees.  At least one other city has used a similar Urgency Ordinance successfully. 

URGENCY ORDINANCE NO. 635

 AN URGENCY 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:

 Section 1.      TITLE 9, CHAPTER 9.38 IS HEREBY ADDED TO READ AS FOLLOWS:

 9. 38   CANNED GOODS OR BOTTLED BEVERAGES AT PUBLIC EVENTS

 9.38.010  Prohibition of canned goods or bottled beverages at public events and at a public facility.

 Whenever 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 following:

             (A)       any canned goods;

 (B)       glass containers; or

 (C)       beverages other than bottled water

 9.38.020   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 apply when:

 (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.     

9.38.030    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 and imprisonment.

Section 2.    Effective Date

This Urgency 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 Urgency Ordinance was introduced at a regular meeting of the City Council of the City of Brentwood, held on the 23rd day of May 2000, and had second reading on the 13th day of June 2000.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Brentwood held on the 13th day of June 2000 by the following vote:

AYES:

NOES:

ABSENT:                                                       

  State of California         )

County of Contra Costa )  ss.

City of Brentwood         )

I, Karen Diaz, City Clerk of the City of Brentwood, do hereby certify that the foregoing Urgency Ordinance had its first reading on May 23, 2000 by the following vote:

AYES:       Councilmembers Gomes, McPoland, Petrovich, Mayor Kidd

NOES:       None

ABSENT:  Councilmember Young

and had its second reading on June 13, 2000, and was passed by the following vote:

AYES:      

NOES:      

ABSENT:   

City Administration
City of Brentwood City Council
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E-mail allcouncil@brentwoodca.gov