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HomeMy WebLinkAbout1525ORDINANCE 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9.05.010 (Hosting a gathering where underage persons consume alcohol) of the San Luis Obispo Municipal Code is hereby repealed.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. 01525 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 7th day of April 2009, on the following vote: AYES: Council Members Ashbaugh and Marx, Vice Mayor Settle, and Mayor Romero NOES: None ABSENT: Council Member Carter ATTEST: gae&-, xe�� Audrey Hoo r City Clerk APPROVED AS TO FORM: nit an P. Lowell City Attorney Mayor David F. Romero I hereby certify that this document is a true_ and, accurate copy of Ordinance No. , and that the ordinance was published pursuant tb °Charter. Section 60%2. bate City Clerk "Clerk