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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