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EFFECTIVE DATE
OF ORDINANCE
November 15, 2007
Introduced by
Mike O'Brien
ORDINANCE NO. 2285 N.C.S.
Seconded by
Samantha Freitas
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING TITLE 10 OF THE PETALUMA MUNICIPAL CODE BY
ADDING CHAPTER 10.68 ENTITLED "ALCOHOL -RELATED NUISANCE ORDINANCE"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Title 10 of the Petaluma Municipal Code is hereby amended by adding
Chapter 10.68 entitled "Alcohol -Related Nuisance Ordinance" to read as follows:
CHAPTER 10.68
ALCOHOL -RELATED NUISANCE ORDINANCE
10.68.010
Title
10.68.020
Findings, Intent and Purpose
10.68.030
Definitions
10.68.040
Creating and Failing to Abate Alcohol -Related Nuisances Unlawful
10.68.050
Responsible Beverage Service Training Required
10.68.060
Criminal Enforcement and Penalties for Violations
10.68.070
Civil and Administrative Enforcement and Penalties for Violations
10.68.080
Alternative Remedies Provided
10.68.090
Recovery of Response Costs
10.68.100
Appeal of Administrative Enforcement
10.68.110
Regulatory Fee
10.68.120
No Mandatory Duty of Care
Ordinance No. 2285 N.C.S.
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10.68.010 Title.
This chapter is entitled and shall be known as the "Alcohol -Related Nuisance
Ordinance."
10.68.020 Findings, Intent and Purpose.
A. The City Council of the City of Petaluma, pursuant to the City's police powers
under Article XI, sections 3 and 5 of the California Constitution, and the City Charter
established pursuant to such sections, has the authority to enact and enforce laws that
promote the public health, safety and general welfare of its residents. Providing
alcoholic beverages to persons in a manner that leads to over -consumption of alcohol
and related nuisances is a threat to public health and safety, quiet enjoyment of both
commercial and residential property, and the general welfare of the City and its
residents.
B. The City Council finds that, although State law prohibits alcoholic beverage sales
establishments from selling alcohol to intoxicated persons and persons under 21 years of
age, State law does not address the alcohol -related nuisances and criminal activities
that result from over -consumption of alcohol, such as littering, loitering, public
drunkenness, public urination, vandalism, graffiti, unruly behavior, and escalated noise
levels. These activities disturb neighboring merchants and residents and threaten the
health, safety and welfare of surrounding property owners and the community at large.
California Business and Professions Code Section 25612.5 sets forth operating standards
for off -sale alcoholic beverage sales establishments and permits cities to adopt more
stringent operating standards. These operating standards do not apply to establishments
that sell alcoholic beverages for consumption only on -site. Moreover, the City's Zoning
Ordinance only regulates on -sale bars and taverns. The City Council further finds that
the Petaluma Police Department can more effectively ensure that alcoholic beverage
sales establishments are not the source of public nuisances in the community with a
comprehensive ordinance that regulates nuisance activities that are frequently
associated with the over -consumption of alcoholic beverages.
C. According to the California State Department of Alcoholic Beverage Control,
Petaluma has a higher concentration of alcoholic beverage sales establishments per
resident population than the statewide average. Numerous studies have shown that
Ordinance No. 2285 N.C.S.
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areas with higher density rates of alcoholic beverage sales establishments experience
higher rates of intoxication, alcohol -related traffic collisions, assaults, homicides and
other crimes. A county -wide study indicated that 70% of those willing to report where
they had been drinking prior to being arrested for driving under the influence of alcohol
indicated Petaluma bars and restaurants as their place of last drink. Law enforcement
personnel have in the past been required to respond to numerous calls for service in the
downtown Petaluma area for alcohol -related problems, including public intoxication,
fights, driving under the influence, and property damage. At times, the number of
intoxicated persons has required multi -jurisdictional law enforcement response.
Downtown merchants consistently complain about the damage to their property and
rowdy crowds that occur Thursday through Saturday nights.
D. Pursuant to a paper written by the Santa Rosa Policy Panel on Youth Access to
Alcohol, 89% of high school juniors reported that alcohol was easy to obtain from local
merchants. A study conducted in Berkeley from 2004 to 2006 found that 37% of all on -
sale outlets sold alcohol to minors. Moreover, the University of Minnesota's Alcohol
Epidemiology Program indicated that, in a study of 372 alcoholic beverage sales
establishments, 79% sold alcohol to obviously intoxicated persons. In order to address
these issues, many local jurisdictions in California have adopted mandatory responsible
server training programs. A 1999 study published in the Journal of Studies on Alcohol
found that responsible beverage server training can reduce underage drinking by
changing server behavior. And, a study published in Contemporary Drug Problems in
2000 similarly found that the proportion of highly intoxicated patrons decreased in
establishments where server training programs had been implemented. Robert Salz of
the Prevention Research Center in Berkeley noted that responsible server training
programs were only effective if managers of the alcoholic beverage establishments also
participated in the program. The U.S. Department of Justice further indicated that a
combination of merchant education and integrated law enforcement provides the most
effective programs for reducing under -age consumption of alcohol.
E. The City Council finds that voluntary responsible beverage sales and service
training programs cannot ensure that all alcohol servers receive reliable or effective
training. Voluntary training programs also have not been shown to be as successful in
reducing over -consumption and sales to minors as mandatory programs with
accountability measures and consistent systems of enforcement. An ordinance that
Ordinance No. 2285 N.C.S.
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mandates training for licensees, servers and managers of alcoholic beverage sales
establishments and imposes liability on on -sale and off -sale alcoholic beverage sales
establishment owners and operators who operate their businesses in a manner that
creates a public nuisance is necessary to deter and prevent such nuisances. Business
owners should be held liable for the alcohol -related nuisances resulting from their
actions, and such business owners and operators, and not the public, should be
responsible for the costs associated with responding to multiple calls for service for
alcohol related nuisance activities.
F. The purposes of this ordinance include: protecting the public health, safety and
welfare by requiring owners and operators of alcoholic beverage sales establishments
to attend a California State certified training program that addresses their legal
responsibilities to conduct their operations in a way that does not create nuisances or
foster criminal activity; providing enforcement mechanisms to address problems often
associated with the public consumption of alcoholic beverages, such as litter, loitering,
public drunkenness, public urination, vandalism, graffiti, unruly behavior, and escalated
noise levels; holding alcoholic beverage sales establishments responsible for the alcohol -
related nuisances that occur on or near such establishments when efforts at obtaining
voluntary compliance have failed; authorizing the creation of a regulatory fee program
to cover the City's reasonable costs associated with the alcoholic beverage sales
establishment program, ensuring the proper maintenance of alcoholic beverage sales
establishments to avoid negative impacts on surrounding properties; monitoring
alcoholic beverage sales establishments to ensure they do not substantially change their
mode or character of operation without obtaining the proper authorization; and
reducing the costs to the public of providing multiple police responses to alcohol -related
nuisance service calls, both in terms of monetary costs and availability of law
enforcement personnel for other calls. These purposes are implemented by the
imposition of administrative, civil, and criminal penalties when an alcoholic beverage
sales establishment is the source of public nuisances; implementation of a mandatory
training program for those who serve alcoholic beverages; and the imposition of fees to
recover the costs incurred by the City in providing multiple law enforcement service
responses for alcohol -related nuisance activities attributable to an alcoholic beverage
establishment.
Ordinance No. 2285 N.C.S. Page 4
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G. For these reasons, the Petaluma City Council declares that providing alcoholic
beverages to persons who subsequently engage in alcohol -related nuisance activities
such as littering, loitering, public drunkenness, public urination, vandalism, graffiti, unruly
behavior, and escalated noise levels within the City is a threat to the public peace,
health, safety and general welfare, and a public nuisance as it affects at the same time
the entire Petaluma community as well as the neighborhoods in which they occur.
10.68.030 Definitions.
For the purposes of this chapter, the following definitions apply:
A. "Alcohol." The definition of "alcohol" in Section 23003 of the California
Business & Professions Code, as amended from time to time, shall apply to this
chapter. As of the introduction of this chapter, section 23003 defined
"alcohol" to mean "ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
from whatever source or by whatever process produced."
B. "Alcoholic beverage." The definition of "alcoholic beverage" in Section
23004 of the California Business & Professions Code, as amended from time to
time, shall apply to this chapter. As of the introduction of this chapter, section
23004 defined "alcoholic beverage" to mean "alcoholic beverage includes
alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol,
spirits, wine, or beer, and which contains one-half of 1 percent or more of
alcohol by volume and which is fit for beverage purposes either alone or
when diluted, mixed, or combined with other substances."
C. "Alcoholic beverage sales establishment" means any off -sale or on -sale
commercial establishment where alcoholic beverages are sold, served, or
given away.
D. "Alcohol -related nuisance activity attributable to an alcoholic beverage
sales establishment" means nuisance activities that occur on or near an
alcoholic beverage sales establishment or that involve a call for service
where a law enforcement officer determines that the alcoholic beverage
sales establishment provided alcohol to a person involved in the nuisance
activity within the preceding three (3) hours, where the nuisance activities are
attributable to the operations of an alcoholic beverage sales establishment
subject to this chapter and could be abated by reasonable steps by the
establishment pursuant to this chapter.
E. "City" means the City of Petaluma.
Ordinance No. 2285 N.C.S. Page 5
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L.
"Licensee" means any person holding a license, permit, or other authorization
to sell alcoholic beverages to the public issued by the California Department
of Alcoholic Beverage Control.
"Manager" means the person, regardless of job title or description, who has
discretionary powers to organize, carry on, control or direct the operation of
an alcoholic beverage sales establishment.
"Nuisance activity" includes, but is not limited to, disturbance of the peace,
public drunkenness, drinking in public, harassment of passersby, gambling,
prostitution, littering, loitering, public urination, graffiti, lewd conduct,
vandalism, unruly behavior, drug trafficking, or escalated noise levels.
"Off -sale" means the sale of alcoholic beverages for consumption off the
premises where sold.
"On -sale" means the sale of alcoholic beverages for consumption on the
premises where sold.
"Over -consumption of alcohol" means consumption of an amount of alcohol
such that the person is under the influence of alcohol pursuant to California
Vehicle Code Section 23610, as that provision is amended from time -to -time.
"Person" includes any individual, firm, partnership, joint venture, association,
corporation, estate, trust, business trust, receiver, syndicate, or any other
group or combination acting as a unit.
"Reasonable steps" include: 1) monitoring the consumption of alcoholic
beverages by patrons of the alcoholic beverage sales establishment; 2)
calling the Petaluma Police Department as soon as practicably possible upon
discovering a nuisance activity occurring on or near the alcoholic beverage
sales establishment; and 3) requesting those persons engaging in nuisance
activities to cease those activities, unless the responsible person, or his or her
agents or employees, feel that their personal safety would be threatened in
making that request.
N. "Responsible Beverage Service Training" or "RBS Training" means an
educational course in responsible beverage sales and service methods and
practices, conducted by the California Department of Alcoholic Beverage
Control or an organization certified by the California Department of Alcoholic
Beverage Control, that provides a certificate of completion.
Ordinance No. 2285 N.C.S. Page 6
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O. "Response costs" means the costs associated with responses by law
enforcement to alcohol -related nuisance activities attributable to an
alcoholic beverage sales establishment including but not limited to:
1) salaries and benefits of law enforcement personnel for the amount of time
spent responding to, remaining at, or otherwise dealing with alcohol -
related nuisance activities attributable to an alcoholic beverage sales
establishment, and the administrative costs attributable to such
response(s);
2) the cost of any medical treatment to or for any law enforcement
personnel injured responding to, remaining at or leaving the scene of a
call based on an alcohol -related nuisance activity attributable to an
alcoholic beverage sales establishment;
3) the cost of repairing any City equipment or property damage, and the
cost of the use of any such equipment, in responding to, remaining at or
leaving the scene of a call based on an alcohol -related nuisance activity
attributable to an alcoholic beverage sales establishment; and
4) any costs recoverable in accordance with California Civil Code section
1714.9.
P. "Responsible person" means a person who is an owner, operator, licensee or
manager of an alcoholic beverage sales establishment in the City.
Q. "Server" means any person who, as part of his or her employment, sells, or
serves any alcoholic beverage.
10.68.040 Creating and Failing to Abate Alcohol -Related Nuisances Unlawful.
A. It is unlawful and a public nuisance for any responsible person to: operate an
alcoholic beverage sales establishment in a manner that creates alcohol -related
nuisance activity attributable to an alcoholic beverage sales establishment; fail to
ensure property maintenance and operating conditions of the alcoholic beverage sales
establishment are compatible with and do not adversely impact abutting properties and
the surrounding neighborhood; or fail to take reasonable steps to abate alcohol -related
nuisance activities attributable to an alcoholic beverage sales establishment.
B. Upon receiving a complaint from the public or any interested person of a
violation of this section, the Petaluma Police Department may investigate the complaint
to determine if an alcohol -related nuisance activity attributable to an alcoholic
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beverage sales establishment has occurred. If the police officer determines that such
activity has occurred, the officer may issue a citation. A police officer may revisit the
establishment in three to four weeks to determine if the alcohol -related nuisance
activities attributable to an alcoholic beverage sales establishment have been abated.
C. If the police officer conducting the re -visit finds that the nuisance activities that
were the subject of a prior enforcement action under this chapter within the
immediately preceding 12 months have not been abated, then all current remaining
violations and future violations of this section by any responsible person at that
establishment will be subject to the criminal, civil and/or administrative penalties set forth
in this chapter in addition to recovery of response costs in accordance with section
10.68.090, and any other applicable penalties under applicable law.
10.68.050 Responsible Beverage Service Training Required.
Every licensee, manager and server shall complete Responsible Beverage Service
Training within 90 days of beginning such activities or within one year of the effective
date of this Chapter, whichever is later, and every third year thereafter. Licensees shall
be responsible for ensuring that all servers and managers they employ comply with this
section, and licensees shall provide proof thereof to the City within 10 days of
completion of said training and shall maintain a file of proof of completion that shall be
available for inspection by City employees during regular business hours.
10.68.060 Criminal Enforcement and Penalties for Violations.
Violations of this chapter may be prosecuted as misdemeanors punishable by a fine of
not more than one thousand dollars or by imprisonment for a period not to exceed six
months, or by both fine and imprisonment. At the discretion of the charging officer
and/or city attorney, violations of this chapter may also be charged as infractions as
defined in section 19(c) of the California Penal Code. Violations charged as infractions
shall not be subject to imprisonment and shall be subject to a fine not exceeding $500
for each offense. If a police officer elects to charge a violation of this ordinance as a
criminal violation, such officer shall issue a criminal citation with a notice to appear,
signed by the alleged violator. Alternatively, the city attorney may prosecute violations
of this chapter by filing a criminal complaint.
Ordinance No. 2285 N.C.S.
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10.68.070 Civil and Administrative Enforcement and Penalties for Violations.
Violations of this chapter are declared to be public nuisances. Violations of this chapter
may be prosecuted as a nuisance and enforced by a civil court action as provided in
Chapter 1.13 or via administrative enforcement as a nuisance as provided in Chapter
1.14. Notwithstanding any other provisions of this chapter, whenever the existence or
continuance of any violation of this chapter or any nuisance condition poses an
imminent or immediate threat of harm to persons or property, or to public health, welfare
or safety, such violation or condition may be summarily abated in accordance with
section 1.15.010. Each and every day during any portion of which a nuisance condition
exists or continues may be deemed a separate and distinct violation for purposes of
setting the amount of penalty to be imposed.
10.68.080 Alternative Remedies Provided.
In addition to the other remedies specified in this chapter, violations of this chapter are
subject to the enforcement remedies in Chapters 1.10 through 1.12 and 1.15 of the
Petaluma Municipal Code. In addition, the City expressly reserves the right to utilize
enforcement remedies available under any applicable state or federal statute or
pursuant to any other lawful power of the City. All such remedies shall be alternative to
or in addition to or in conjunction with, and not exclusive of, one another. The election
of remedies shall be at the sole discretion of the City.
10.68.090 Recovery of Response Costs.
When the police make the first response within a 12-month period to an alcohol -related
nuisance activity attributable to an alcoholic beverage sales establishment within the
City, and a police officer issues a citation for violation of this chapter, the officer shall, in
writing, inform a responsible person that:
1) An alcohol -related nuisance activity attributable to an alcoholic
beverage sales establishment has occurred; and
2) If, upon re-examination, the nuisance condition is not abated within thirty
(30) days of the date of the initial response, the responsible person(s) may
be charged for any response costs incurred for subsequent responses to
the property for an alcohol -related nuisance activity attributable to an
alcoholic beverage sales establishment within a 12 month period.
Ordinance No. 2285 N.C.S.
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Within 30 calendar days of the initial citation, an additional written warning shall be
transmitted via certified mail to the licensee at the address in the City's business license
file for the alcoholic beverage sales establishment.
When a police officer responds to an alcohol -related nuisance activity attributable to an
alcoholic beverage sales establishment within the City within 12 months of a citation and
warning given to a responsible person at the same alcoholic beverage sales
establishment, and such officer issues a second or subsequent citation pursuant to this
chapter, all responsible person(s) shall be jointly and severally liable for the City's
response costs concerning such second or subsequent alcohol -related nuisance activity
attributable to an alcoholic beverage sales establishment, but only to the extent that
such responsible person(s) concerning the first citation remain responsible person(s) for
the second or subsequent citations at such establishment.
10.68.100 Appeal of Administrative Enforcement.
A responsible person charged with a violation of this chapter pursuant to chapter 1.14
shall be entitled to pursue the appeal procedures set forth in section 1.14.070 for
responsible persons named in notices of violations.
10.68.110 Regulatory Fee.
The City may establish a regulatory fee program to cover the costs of administering the
alcohol -related nuisance program, in accordance with applicable law by resolution of
the City Council, as said resolution may be amended from time to time.
10.68.120 No Mandatory Duty of Care.
This chapter is not intended to impose, and shall not be construed or given effect in a
manner that imposes upon the City, or any officer, employee, agent, or representative
of the City, a mandatory duty of care toward persons or property within or without the
City limits, so as to provide a basis of civil liability for damages, except as may otherwise
be imposed by law.
Section 2. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
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passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 3. The City Council finds that adoption of this ordinance is exempt from the
California Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b) (3) (no possibility
that the activity may have a significant impact on the environment) of the CEQA Guidelines
(Title 14, Chapter 3 of the California Code of Regulations).
Section 4. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 4. The City Clerk is hereby directed to publish or post this ordinance or a
synopsis for the period and in the manner required by Section 45 of the City Charter or as
otherwise required by law.
INTRODUCED AND ORDERED POSTED/PIJBLISHED THIS 1 It day of October, 2007.
ADOPTED THIS 15'" day of October, 2007, by the following vote:
AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt
NOES: None
ABSENT: Mayor Torliatt
ABSTAIN: None
Karen Nau, Vice Mayor
ATTEST: APPROVED AS TO FORM:
" D�
Claire Cooper, CMC, City Clerk
Ordinance No. 2285 N.C.S.
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