O 666 ORDINANCE NO. 666 '
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING TITLE 9 SECTION 9.04.020 OF THE ARROYO
GRANDE MUNICIPAL CODE REGARDING WINE TASTING AT
CERTIFIED FARMERS' MARKETS
WHEREAS, the City of Arroyo Grande ("City") currently does not allow wine tasting at
local farmers' markets; and
WHEREAS, Assembly Bill 2488 was signed into law to allow wine tasting at certified
farmers' markets subject to certain terms and conditions; and
WHEREAS, after consideration of all testimony and all relevant evidence, the City
Council has determined that the following Development Code Amendment findings can
be made in an affirmative manner:
A. The proposed revisions to Title 9, Section 9.04.020 are required to ensure
consistency with the objectives, policies and implementation measures of the
General Plan, and is therefore desirable to implement the provisions of the
General Plan.
B. The proposed revisions to Title 9, Section 9.04.020 will not adversely affect the
public health, safety, and welfare or result in an illogical land use pattern. ,
C. The proposed revisions are consistent with the purpose and intent of Title 9 and
satisfy the intent of Chapter 16.08 of the Municipal Code and provide for internal
consistency.
D. The proposed revisions to Title 9 are exempt per Section 15301 of the California
Environmental Quality Act (CEQA) Guidelines.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
SECTION 1: The above recitals and findings are true and correct and incorporated
herein by this reference.
SECTION 2: Arroyo Grande Municipal Code Section 9.04.020 is hereby amended as
follows:
ORDINANCE NO. 666
PAGE 2
9.04.020 ALCOHOLIC BEVERAGES
A. Definitions. For the purposes of this section, unless otherwise apparent from the
context, certain words and phrases used in this section are defined as follows:
"Alley" means every way set apart for public travel, except streets, bridle paths,
and footpaths.
"City building" means the Arroyo Grande Community Center and Women's Club
building, the City Hall, the City Hall Annex, the Council Chambers building, the
Parks and Recreation Office building, Municipal Corporation Yard buildings and
their respective sites.
"Parking lot" means that area open to the use of the public for the purposes of
vehicular parking.
"Parks and recreation facility" means all city-owned parks and recreational
facilities.
"Sidewalk" means that portion of a street between the curb lines and the adjacent
property lines set aside for pedestrian travel.
"Street" or "highway" means a way or place, of whatever nature, publicly
maintained and open to the use of the public for the purposes of vehicular traffic.
B. Alcoholic Beverage Service and Consumption Prohibited in Certain Areas. It is
unlawful for any person to serve or consume any alcoholic beverage, as defined
in Section 23004 of the Business and Professions Code of the state, upon any
street, highway, alley, sidewalk, parking lot, city building, park, or recreational
facility within the city. This section shall not be deemed to make punishable any
act or acts which are prohibited by any law of the state. Service and consumption
of alcohol may be permitted at the City of Arroyo Grande Woman's Club and
Community Center, South County Historical Society Museum, and Santa
Manuela School sites upon issuance of a public safety and welfare permit by the
chief of police. Additionally, service and consumption of alcohol may be permitted
at Heritage Square Park and in Olohan Alley during times as specified by city
council resolution and subject to issuance of a public safety and welfare permit
by the chief of police.
C. No person shall have in his or her possession, in any public place, any open
bottle, can or other receptacle containing any alcoholic beverage with the intent
to consume any of the contents thereof in any public place not licensed for the
consumption of alcoholic beverages in or on said place.
ORDINANCE NO. 666
PAGE 3
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 4: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption pursuant to 14 CCR § 15062.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 6: This Ordinance shall take effect thirty (30) days from the date of adoption.
On motion of Council Member Barneich, seconded by Council Member Brown, and on
the following roll call vote to wit:
AYES: Council Members Barneich, Brown, Costello, Guthrie, and Mayor Ferrara
NOES: None.
ABSENT: None
The foregoing Ordinance was adopted this 14th day of October 2014.
ORDINANCE NO. (vat*P
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TONY FER AYOR
ATTEST:
/ l //
KELLY ET M• -E, CITY CLERK
APPROVED AS TO CONTENT:
STE N'ADAMS, CITY MANAGER
' I
APPROVED AS TO FORM:
(?T. /
TIMOTHY J. CAR , CI TTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached Ordinance No. 666 which was introduced at a regular meeting of the
City Council on September 23, 2014; was passed and adopted at a regular
meeting of the City Council on the 14th day of October 2014; and was duly
published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 17th
day of October 2014.
KELLY WET. ORE, CITY CLERK