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HomeMy WebLinkAboutORD NO 3253OP. DINANCE NO. 3253 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SUBSECTION B. OF SECTION 12.56.040 AND SUBSECTION C. OF SECTION 12.56.220, ADDING SUBSECTION M. TO SECTION 12.56.050 AND SECTION 12.56.225 TO THE BAKERSFIELDMUNICIPALCODE RELATINGTO CONSUMPTION OF ALCOHOLIC BEVERAGES IN PARKS. WHEREAS, Ordinance No. 3185, enacted by City Council on October 26, 1988, contained a section which mandated that all portions regulating the consumption of alcoholic beverages in parks shall expire within one year; and WHEREAS, Council has determined that those regulations governing the consumption of alcoholic beverages in the parks have been effective over the past year in achieving their original purpose and should remain a part of the parks ordinance, which objective is hereby achieved by reenactment of the regulations addressing consumption of alcoholic beverages in parks without a termination or "sunset" clause. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection B. of Section 12.56.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 12.56.040 Administrative officers - Duties. The Community Services manager shall direct the administration of the divisions of parks and recreation, and it shall be his duty to: B. Issue facility reservations, exclusive use permits, alcoholic beverage consumption permits, alcoholic beverage sales permits, and permits for the use of the parks, swimming pools, softball diamonds or other facilities and enforce the provisions of this chapter, the resolutions of this city council and other applicable regulations. SECTION 2. Subsection C. of Section 12.56.220 of the Bakersfield Municipal Code shall be amended to read as follows: 12.56.220 Amplified music, amplified s~eech or alcoholic beverage sales permits and alcoholic beverage consumption permits - Conditions for revocation. c. Any alcoholic beverage sales or consumption permit may be revoked by the city manager or his designee, or any law enforcement officer if any person selling or in possession of an open container of an alcoholic beverage fails to comply with the regulations issued with the permit allowing him to sell or possess such open container; any such revocation may result in refusal to issue a subsequent permit. SECTION 3. Subsection M. of Section 12.56.050 is hereby added to the Bakersfield Municipal Code to read as follows: 12.56.050 Prohibited acts in parks. Within the limits of any park, it is unlawful for any person, other than a duly authorized city employee in the performance of his or her duty, to do any of the following: M. Except as authorized by permit issued pursuant to Sections 12.56.155 or 12.56.180, possess any can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed except in the Bakersfield Municipal Sports Complex. SECTION 4. Section 12.56.225 is hereby added to the Bakersfield Municipal Code to read as follows: 12.56.225 Alcoholic beverage consumption permit. A. Any person over the age of 21 applying for an alcoholic beverage consumption permit shall file an application for such permit with the director of parks on a form furnished by the city. Such application, fully completed and signed must be filed no less than 48 hours prior to the time of the proposed function. Application shall be made on weekdays between the hours of 8:00 A.M. and 5:00 P.M. 2 B. All alcoholic beverage consumption permits shall be valid for a one-day period only. C. All permit-holders shall comply with the regulations issued along with the permit. SECTION 5. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at regular meeting thereof held on OCT 1 1 m , by the following vote: AYES: COUNCiLMEMBERS: ANTHONY, D~MOND,SMITH, RATFY, PETERSON, McDERMOTT, SALVAGGIO NOES: COUNCILMEMIBERS: on e ABSENT: COUNCILMEMBERS Hone ABSTAIN: COUNCILMEMBERS: None a CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED_. OCT [ I 19~ f~) /~ ..- MAYOR of the City of Bakersfield APPROVED as to form: j ~-ARTHUR--~.~kA~IELD/ LCM/meg PARKS. O 9/18/89 4 AF. DAVIT OF POSTING DOCUMENTa STATE OF CALIFORNIA) .~ ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 12th day of October , 1989 she posted on the Bulletin Board at City Hall, a. full, true and correct copy of the following: Ordinance No. 3253 City Council at a meeting held on the 11th and entitled: , passed by the Bakersfield day of October , 1989 , AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENPING SUBSECTION B. OF SECTION 12.56.040 AND SUBSECTION C. OF SECTION 12.56.220, ADDING SUBSECTION M. TO SECTION 12.56.050 AND SECTION 12.56.225 TO THE BAKERSFIELD MUNICIPAL CODE RELATIN~ TO CONSUMPTION OF ALCHOLIC BEVERAGES IN PARKS. /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield NSAOPD D~PUTY City Cler~