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
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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