A. Except as otherwise provided by law, every person who has in his/her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed while at, on or in any part of a public highway, street, sidewalk, parkway, park or other public grounds is guilty of a violation per Chapter
1.08.
B. Every person who has in his/her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed while at, on or in any part of any privately owned parking lot, driveway, alleyway or pathway where public access is permitted by the owner is guilty of a violation per Chapter
1.08, except that the provisions of this subsection shall not apply to private property where the owner or tenant of that property has authorized the consumption of alcoholic beverages.
C. The provisions of Subsection
(A) of this section shall not apply to a person consuming an alcoholic beverage in any place otherwise prohibited if: (1) the distribution and consumption of the alcoholic beverage being consumed at such location has been authorized by the City under any other provision of this Code; and (2) the person consuming such beverage is in compliance with all rules and regulations pertaining to such consumption which are posted at such location.
D. The provisions of Subsection
(A) of this section shall not apply to a person consuming an alcoholic beverage at a special event sponsored or co-sponsored by the Bellflower Chamber of Commerce, or other approved local non-profit organization, serving Bellflower (collectively, the "event sponsor"), conditioned as follows:
1. An
event allowing the sale and consumption of beer and wine, may take
place on any public highway, street, sidewalk, parkway, park, or other
public grounds, only as approved by the City Council.
2. The
event sponsor shall obtain the approval of the City Manager and the
Sheriff's Department as to conditions, requirements, and standards,
including, but not limited to, the following matters:
a. There shall be a designated area, physically separated and segregated,
wherein the sale and consumption of beer and wine shall be conducted.
The type and manner of providing the separation and segregation of
the designated area shall be first approved by the City Manager. No
one under the age of 21 years old shall be permitted to enter the
designated area without supervision by a parent or guardian who is
at least 21 years old.
b. The event sponsor must carry comprehensive personal liability and
property insurance in an amount set forth by the City Manager.
c. It is the event sponsor's responsibility to make the necessary
arrangements for security, subject to the prior approval of the City
Manager. The security plan will include Sheriff's Department
personnel needed to secure the event, as determined by the City Manager.
Unless otherwise agreed to by the City Council, the cost of such shall
be borne by the event sponsor and the amount charged shall be at normal
prevailing rates per hour, per assignee.
d. The event sponsor must obtain any and all required ABC Licenses and
meet all requirements of the State Alcoholic Beverage Control Act.
e. The precise time and hour of commencement and termination of activities
shall be stated. The sale of beer and wine must be terminated no less
than one hour before the official ending time of the event.
f. All alcoholic beverages must be brought to the designated area by
the event sponsor on the day of the event and removed at its conclusion,
and all temporary storage of the beer and wine shall be confined to
the designated area.
(Prior code § 3-2.1; Ord. 1233 § 1, 1/14/13)
Notwithstanding other provisions of the Bellflower Municipal
Code, the occasional serving of alcoholic beverages may be allowed
subject to the following provisions:
A. Application.
Applicant shall obtain approval in writing from the City Manager.
The City Manager shall first determine the applicant's compliance
with the requirements, conditions, and standards including, but not
limited to, the following:
1. No
one under 21 years of age may be permitted to drink any alcoholic
beverage;
2. Permittee
must carry comprehensive personal liability and property insurance
in an amount set forth by the City Attorney;
3. When
in the opinion of the City Manager or Sheriff's Department it
is considered necessary to have security, one or more officers may
be required. The cost of such shall be borne by the applicant and
the amount charged shall be at normal prevailing rates per hour, per
assignee. It is the applicant's responsibility to make the necessary
arrangements with the Sheriff's Department;
4. Obtain
an ABC License if alcoholic beverage is to be sold; meet all requirements
of the State Alcoholic Beverage Control Act;
5. Provide
additional deposit double that of the normal required amount of fees
and charges;
6. Precise
time and hour of commencement and termination of activities shall
be stated;
7. All
alcoholic beverages must be brought to the community center on the
day of the permit and removed at its conclusion, and all activities
shall be confined to the community center building structure;
8. All
permit groups selling alcoholic beverages must show proof of non-profit
status, IRS exemption certificate and by-laws of organization proving
charitable status or obtain a City business license for the date of
the permit;
9. All
applicants and the use of said facilities shall be further governed
by the adopted facilities use policies of the City Council.
B. Appeal.
1. If
the City Manager, upon further investigation, determines that issuance
of the license would be detrimental to the public peace, health, morals,
safety, or general welfare, he or she shall deny the application.
Any interested person may appeal the decision of the City Manager,
either approval or disapproval, in writing within five days thereof
to the City Clerk.
2. Within
30 days of receipt of written appeal, the City Council shall conduct
a public hearing thereon, at which all interested persons may appear
and be heard. The applicant may appear personally or by counsel and
may call witnesses in his/her behalf. The Council may continue such
hearing from time to time for good cause.
3. Written
notice of a hearing before City Council shall be served upon the applicant
not less than five days prior to the date of the hearing.
4. After
conducting a hearing, the City Council may order the issuance of such
permit or may, if the Council determines that the issuance of such
permit would be detrimental to the public peace, health, morals, safety
or general welfare, deny the application and order that such permit
not be issued. In either case, the decision of the Council need depend
on no particular degree of evidence or proof, and the same shall be
final and conclusive.
(Prior code § 3-19.1)