Item 13 Staff Report Introduce Ordinance of the Town of Los Gatos Amending Section 18.10.015 to Prohibit Possession of an Open Container of Alcohol in a Public PlaceCOUNCIL AGENDA
DATE: 07/18/94
ITEM NO.
l
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: JULY 13, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: INTRODUCE ORDINANCE OF THE TOWN OF LOS GA
TOS AMENDING 18.10.015 TO PROHIBIT POSSESSION OF AN OPEN CONTAINER OF ALCOHOL
IN
SECTION
A PUBLIC PLACE
OOL I
RECOMMENDATION:
1. Clerk to read title.
2. Waive reading of the ordinance.
3. Move to introduce.
y6
BACKGROUND:
The Town's current ordinance prohibits drinking any alcoholic beverage in a u
an officer actually sees an individual drink the beverage, there is no authority to take
As
the popularity of Gatos' various restaurants and bars has increased w public place. However, unless
the pope with Losn enforcement increasing
ng
problhighliems
Los pa is more and the y in the downtown
wn area. of opene have encountered ieks v
beveragestein public Gatoshaincreasedn substantially.theblatantThe events toof the land several weeks have containers and drinking of alcoholic
Both the Town Attorney and the State Alcohol Beverage Control (ABC) have reviewed
and concur that, because of narrow focus, it is difficult to enforce.
and ol n including of itsg Brow focus,
it disturbingltthe problems
our current associated
ordinance, with
alorcohol consumption,e l pofficers iton take a more proactive effort in re e, a d ass the proale i crease . wits
peace, and assaults, have increased. Tuffs
It is the Police Department's opinion that this ordinance is an important addition in
preventing these problems before they occur.
the protection of the public's
health, safety, and welfare.
PREPARED BY:
‘4.6
LARRY J. TODD
CHIEF OF POLICE
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Attachments: 1. Ordinance
Distribution: General Distribution
Reviewed by:
Attorney Clerk
COUNCIL ACTION/ACTION DIRECTED TO:
7/13/94 4:15 pm
File #
mance Treasurer
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: INTRODUCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION
18.10.015 TO PROHIBIT POSSESSION OF AN OPEN CONTAINER OF ALCOHOL IN A
PUBLIC PLACE
July 13, 1994
ENVIRONMENT REVIEW:
This project will not have an environmental impact pursuant to Section 15061(b) of the CEQA guidelines.
FISCAL IMPACT:
None.
ORDINANCE
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTION 18.10.015 TO PROHIBIT POSSESSION OF AN
OPEN CONTAINER OF ALCOHOL IN A PUBLIC PLACE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 18.10.015 is hereby amended to read as follows:
Sec. 18.10.015. Alcoholic beverage; drinking and open container in public.
(a) No person shall drink any alcoholic beverage upon any public street, lane, alley, public
park, or other public place in the Town, unless the consumption of alcoholic beverages is expressly
permitted for that location pursuant to a Town permit or ordinance, and the consumption is in
conformance with the terms of that permit or ordinance.
(b) No person shall possess any can, bottle, or other receptacle containing any alcoholic
beverage which has been opened, or a seal broken, or the contents of which has been partially
removed, upon any public street, lane, alley, public park, or other public place in the Town, unless
(i) the consumption of alcoholic beverages is expressly permitted for that location pursuant to a Town
permit or ordinance and the possession is in conformance with the terms of that permit or ordinance,
or (ii) the possession is expressly allowed by a preemptive State law without such a permit.
(c) If a violation of this Section is knowing and willful, the violation is a misdemeanor.
However, the arresting officer or prosecuting attorney may elect to charge such a violation as an
infraction in light of the circumstances of the violation.
SECTION II
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Gatos on , 1994 and adopted by the following vote as an ordinance of the Town
of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on , 1994.
This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:WTY\ALCOHPOS.LGP
July 18, 1994
Los Gatos, California
COLLECTION/COUNTY/AB939 IMPLEMENTATION FEE/RESOLUTION 1994-105. (12. )
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-
105 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER TO EXECUTE AN AGREEMENT FOR THE COUNTYWIDE AB
939 FEE. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent.
OPEN CONTAINER/ALCOHOL/PUBLIC/PROHIBIT/ORDINANCE INTRODUCTION. (13. )
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce an Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION
18.10.015 TO PROHIBIT POSSESSION OF AN OPEN CONTAINER OF ALCOHOL
IN A PUBLIC PLACE. Carried by three votes. Mrs. Benjamin and Mayor Attaway
absent. The Clerk read the title.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council waive the reading.
Carried by three votes. Mrs. Benjamin and Mayor Attaway absent.
NONPOINT SOURCE PROGRAM FUND #220/NON INTEREST BEARING LOAN/$150,000 FROM
GENERAL FUND. (14. )
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council approve a non interest
bearing loan of $150,000 from the general fund #100 to the Nonpoint Source Fund
#220. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent.
AGREEMENT/SAN JOSE WATER/REVOCABLE LICENSE/PUMPING STATION/CENTRAL
AVENUE/JACKSON STREET/RESOLUTION 1994-106. (15. )
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-
106 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
ADDENDUM NO 1 TO REVOCABLE LICENSE AGREEMENT WITH SAN JOSE
WATER COMPANY FOR USE OF THE TOWN PROPERTY LOCATED AT CENTRAL
AVENUE AND .IACKSON STREET AND AUTHORIZING THE MAYOR TO
EXECUTE ADDENDUM NO.1. Carried by three votes. Mrs. Benjamin and Mayor
Attaway absent.
LEASE AGREEMENT/LIBRARY COPY MACHINES. (16. )
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council authorize the Town
Manager to sign a lease agreement with Pitney -Bowes providing two copy machines in
the Library and to increase revenue account #100-46093 by $3,135.00 and expense
account #8510-61004 by $3, 135.00. Carried by three votes. Mrs. Benjamin and Mayor
Attaway absent.
TC:D6:MM071894 4