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C, MEMORANDUM
441FORN\P
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: q;y. KELLY HEFFERNON, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
SECTION 9.04.020 OF THE MUNICIPAL CODE TO ALLOW THE SALE
AND CONSUMPTION OF ALCOHOL IN OLOHAN ALLEY
DATE: OCTOBER 14, 2014
RECOMMENDATION:
It is recommended that the City Council adopt an Ordinance amending Section 9.04.020
of the Municipal Code regarding the sale and consumption of alcohol in Olohan Alley,
which will allow wine tasting at Certified Farmers' Markets.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
BACKGROUND:
The City Council introduced the Ordinance at its meeting of September 23, 2014. The
Ordinance was proposed in conjunction with Amended Conditional Use Permits Nos.
14-001 and 14-002 to allow the sale and instructional tastings of wine at local Farmers'
Markets located in Olohan Alley and-the parking lot in front of Smart & Final on East
Grand Avenue. Council changed the Planning Commission's recommendation to not
allow a charge for tasting and instead left the decision of whether to charge or not to the
winegrower.
ANALYSIS OF ISSUES:
Governor Brown signed Assembly Bill 2488 in July 2014 authorizing the operators of
certified Farmers' Markets to allow a licensed winegrower to conduct instructional
tastings of wine subject to specified conditions. Only one licensed winegrower may
offer tastings at a given Farmers' Market. Specifically, the bill provides the following:
1. A licensed winegrower, a member of the licensee's family, or an employee of the
licensee may conduct an instructional wine tasting for consumers at a certified
Farmers' Market, subject to the authorization and managerial control of the
operator of the certified Farmers' Market.
2. At all times during an instructional tasting event, the instructional tasting event
area shall be separated from the remainder of the market by a wall, rope, cable,
cord, chain, fence, or other permanent or temporary barrier. Only one licensee
Item 81. - Page 1
CITY COUNCIL
ORDINANCE AMENDING SECTION 9.04.020 OF THE MUNICIPAL CODE
OCTOBER 14,2014
PAGE 2 OF 3
may conduct an instructional tasting event during the operational hours of any
one certified Farmers' Market.
3. The licensee shall not permit any consumer to leave the instructional tasting area
with an open container of wine.
4. The licensee shall not pour more than three ounces (3 oz.) of wine per person
per day.
5. No premium, gift, free goods, or other thing of value shall be given away by an
authorized licensee or its designated representative in connection with an
instructional tasting event.
These conditions were included in City Council Resolution No. 4627 approving
Amended Conditional Use Permits Nos. 14-001 and 14-002. Consistent with Assembly
Bill 2488, Municipal Code Section 9.04.020 would be amended as follows to include the
underlined wording:
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 Woman'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
Item 81. - Page 2
CITY COUNCIL
ORDINANCE AMENDING SECTION 9.04.020 OF THE MUNICIPAL CODE
OCTOBER 14, 2014
PAGE 3 OF 3
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.
The Conditional Use Permit Amendments do not take effect until the effective date of
the Ordinance amending Section 9.04.020 of the Arroyo Grande Municipal Code.
ALTERNATIVES:
The following alternatives are provided for Council's consideration:
• Adopt the Ordinance amending Section 9.04.020 of the Municipal Code;
• Do not adopt the Ordinance; or
• Provide direction to staff.
ADVANTAGES:
Adopting the Ordinance will allow local winemakers to provide tasting samples during
the Saturday afternoon Farmers' Market in Olohan Alley which could help with the
Market's overall sales. It will also help the overall success of the Farmers' Market,
which supports the City's goals and General Plan policies supporting local agriculture.
DISADVANTAGES:
It may prove difficult to monitor the tastings in accordance with the conditions set forth in
Assembly Bill 2488.
ENVIRONMENTAL REVIEW:
Staff has reviewed this project in compliance with the California Environmental Quality Act
(CEQA) and the CEQA Guidelines, and has determined that the project is exempt
pursuant to Section 15301 of the CEQA guidelines for projects that consist of operation of
existing public or private facilities involving negligible expansion of use.
PUBLIC NOTIFICATION AND COMMENT:
A summary of the Ordinance was published in The Tribune on Friday, October 3, 2014,
pursuant to State law. The Agenda was posted in front of City Hall on Thursday,
October 9, 2014. The Agenda and report were posted on the City's website on Friday,
October 10, 2014. No public comments have been received.
Item 81. - Page 3
ORDINANCE NO.
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:
Item 8.f. - Page 4
ORDINANCE NO.
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.
Item 81. - Page 5
ORDINANCE NO.
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 , seconded by Council Member and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this day of 2014.
I
Item 81. - Page 6
ORDINANCE NO.
PAGE 4
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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