O 632 ORDINANCE NO. 632
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING SECTION 9.04.020 OF
THE ARROYO GRANDE MUNICIPAL CODE REGARDING
ALCOHOLIC BEVERAGE SERVICE AND CONSUMPTION
IN CERTAIN AREAS
WHEREAS, the service and consumption of alcohol is conditionally permitted in certain
areas of the City pursuant to Chapter 9.04.020 of the Arroyo Grande Municipal Code;
and
WHEREAS, on April 13, 2011, the Parks and Recreation Commission reviewed the
proposed amendment and recommends approval; and
WHEREAS, the City Council deems it appropriate to expand those areas in which
alcohol may be permitted to include the Heritage Square Park during certain specified
events.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, as follows:
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Subsection 9.04.020(B) of the Arroyo Grande Municipal Code is hereby
amended, as follows:
9.04.020 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 during times as specified by
City Council resolution and subject to issuance of a public safety and
welfare permit by the chief of police.
SECTION 3: 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
ORDINANCE NO. 632
PAGE 2
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 4: 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 5: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Guthrie, seconded by Council Member Brown, and by the
following roll call vote, to wit:
AYES: Council Members Guthrie, Brown, Costello, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
The foregoing Ordinance was adopted this 24 day of May, 2011.
ORDINANCE NO.
PAGE 3
TO ' R:_
FE.: fl , MAYOR
ATTEST:
KELLY ET i• RE, CITY CLERK
APPROVED AS TO CONTENT:
S V ADAMS, CITY MANAGER
APPROVED AS TO FORM:
(
TI THY J. MEL, CITY ATTORNEY
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 is a true, full, and correct copy of Ordinance No. 632 which was
introduced at a regular meeting of the City Council on May 10, 2011; was passed
and adopted at a regular meeting of the City Council /Redevelopment Agency of
the City of Arroyo Grande on the 24 day of May 2011; 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 27
day of May 2011.
KELL WE/ ORE, CITY CLERK