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HomeMy WebLinkAbout06/05/2001, C4 - FINAL PASSAGE OF ORDINANCE NO. 1387 ADDING CHAPTER 9.05 TO THE SAN LUIS OBISPO MUNICIPAL CODE REGAR M.fi"Dem council June 5 2001 acEnaa RepoRt 'mmNumb� CITY OF SAN LUIS OBISPO FROM: James M. Gardiner, Chief of Police" Prepared By: Kathe Bishop, Management Assistant SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1387 ADDING CHAPTER 9.05 TO THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING HOSTING A GATHERING WHERE UNDERAGE PERSONS CONSUME ALCOHOL CAO RECOMMENDATION Grant final passage to Ordinance No. 1387 DISCUSSION On May 15, 2001, the City Council voted (4:1, Council Member Mulholland voting no) to introduce Ordinance No. 1387 adding chapter 9.05 to the San Luis Obispo Municipal Code. The addition of Chapter 9.05 entitled "Hosting a Gathering Where Underage Persons Consume Alcohol' will provide the City with a mechanism to help deter underage consumption of alcohol in our community by establishing sanctions for those who host events allowing the underage consumption of alcohol. Police Department staff will review this ordinance in two years with the Student Community Liaison Committee (SCLC) and return to Council via the City Administrative Officer with an update on the effects of the ordinance. Ordinance No. 1387 is now ready for final passage and will become effective thirty days after the date of its final passage. ATTACHMENT Ordinance No. 1387 ORDINANCE NO. 1387 (2001 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 9.05 TO THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING HOSTING A GATHERING WHERE UNDERAGE PERSONS CONSUME ALCOHOL WHEREAS, residents of the City of San Luis Obispo are affected by problems concerning underage persons consuming alcohol; and WHEREAS, recent studies done by San Luis Obispo County schools and university officials have determined that the frequency and amount of alcohol use by underage drinkers has been on the increase; and WHEREAS, the proposed ordinance would deter some underage persons from consuming alcohol and likely reduce other offenses associated with alcohol consumption; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows`. SECTION 1. Section 9.05.010 of the San Luis Obispo Municipal Code is hereby added 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 five or more persons under the age of 21 years are present and alcoholic beverages are being consumed by three or more persons under the age of 21 years at that location. A violation of this section is an infraction 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 San Luis Obispo Municipal Code § 9.21.050. INTRODUCED on the 15th day of May 2001 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 5" day of June 2001, on the following roll call vote: AYES: NOES`. ABSENT: C � -2 Ordinance No. 1387 (2001 Series) Page 2 Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: J /gei , Ci Attorney C � 3