HomeMy WebLinkAbout04/07/2009, C8 - FINAL ADOPTION OF ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 9.05 - UNDERAGE PERSONS AND ALCOHOL (SO 1
- J
counat M`6nD
April 7,2009
j ac en as uepont
CITY O F SAN LUIS O B I S P O
FROM: Deborah Linden, Chief of Police 0
SUBJECT: FINAL ADOPTION OF ORDINANCE AMENDING MUNICIPAL
CODE CHAPTER 9.05 — UNDERAGE PERSONS AND ALCOHOL
(SOCIAL HOST ORDINANCE)
RECOMMENDATION
Adopt Ordinance No. 1525 (2009 Series).
DISCUSSION
On March 17, 2009, Council received a presentation by staff regarding proposed amendments to
section 9.05.010 of the San Luis Obispo Municipal Code (social host ordinance). The
amendments included reducing the number of minors required to be present and consuming
alcohol at a gathering, adding possession of alcohol as a violation, and reclassifying a violation
from an infraction to a misdemeanor. After the presentation, Council voted 40 (Mayor Romero
absent) to introduce Ordinance No. 1525 (2009 Series) amending section 9.05.010 of the San
Luis Obispo Municipal Code.
Ordinance No. 1525 (2009 Series) is now ready for adoption and will become effective thirty
days after the date of its final passage.
ATTACHMENTS
Ordinance No. 1525 (2009 Series)
ATTACHMENT
ORDINANCE NO. 1525(2009 Series)
AN ORDINANCE OF THE COUNCIL OF CITY OF SAN LUIS OBISPO AMENDING
CHAPTER 9.05 OF THE SAN LUIS OBISPO MUNICIPAL CODE
TO REDUCE THE NUMBER OF MINORS REQUIRED TO BE PRESENT
AND CONSUMING ALCOHOL AT A GATHERING,AND TO RECLASSIFY
A VIOLATION FROM AN INFRACTION TO A MISDEMEANOR
WHEREAS, the Council of the City of San Luis Obispo met in the Council Chamber of
City Hall, 990 Palm Street, San Luis Obispo, California on March 17, 2009 for the purpose of
considering changes proposed to the Municipal Code.
. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 9.05.010 (Hosting a gathering where underage persons consume
alcohol) of the San Luis Obispo Municipal Code is hereby repealed..
SECTION 2. New Section 9.05.010 (Hosting a gathering where underage persons
consume alcohol) of the San Luis Obispo Municipal Code is hereby adopted to read as follows:
9.05.010 Hosting a gathering where underage persons consume alcohol.
Except as permitted by Article I, Section 4 of the California Constitution and by state law,
it is unlawful for any person to permit, allow, or host a party, gathering, or event at his or
her place of residence or other private property, place or premises under his or her control
where three or more persons under the age of twenty-one years are present and alcoholic
beverages are being possessed or consumed by one or more persons under the age of
twenty-one years at that location. A violation of this section is a misdemeanor and
deemed to be a threat to the public peace, health, safety, and general welfare and is
therefore subject to second response cost recovery pursuant to Section 9.21.050.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the names of Council members voting for and against, shall be published at least five (5)
days prior to adoption in The Tribune, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage. A copy
of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date
following introduction and adoption and shall be made available to any interested member of the
public.
- ATTACHMENT
Ordinance No. 1525 (2009 Series)
Page 2
INTRODUCED on the 17th day of March 2009, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of 2009, on the following
vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
P. Lowell
City Attorney