[HISTORY: Adopted by the City Commission of the City of South Pasadena 5-13-1997 by Ord. No. 97-06. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Distilled spirits and all beverages containing one-half of one percent or more of alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though such remaining ingredients were distilled water. It shall be prima facie evidence that a beverage is an alcoholic beverage if there is proof that the beverage in question was or is known as whiskey, moonshine whiskey, wine, rum, gin, tequila, vodka, scotch, scotch whiskey, brandy, beer, malt liquor or by any other similar name or names, or was contained in a bottle or can labeled as any of the above named similar thereto and the bottle or can bears the manufacturer's insignia, name or trademark. Any person who, by experience in the handling of alcoholic beverages, or who, by taste, smell or drinking of such alcoholic beverages, has knowledge of the alcoholic nature thereof may testify as to whether such beverage is an alcoholic beverage.
- OPEN CONTAINER
- Any container where the factory seal has been broken, not withstanding the fact that the container has been recapped or covered. Any container which is not the original container into which the manufacturer placed the product for retail sale shall be considered an open container.
- PUBLIC PLACE
- All public streets, alleys, sidewalks, bus stops, open space, parks or any other outdoor area to which the general public is licensed or invited to enter, specifically including parking areas of all commercial establishments but specifically excluding outdoor seating areas permitted pursuant to § 130-31.[Amended 7-1-2011 by Ord. No. 2011-07]
- SPECIAL EVENT
- Any event which is sponsored or cosponsored by the City of South Pasadena, or any prearranged meeting, activity, gathering of a group of persons having a common purpose, design or goal to assemble and celebrate or acknowledge a holiday, wedding, feast or to conduct a meeting or otherwise to recognize a similar, specifically identified social, religious or political occasion or purpose. The possession and consumption of alcoholic beverages shall not be the primary purpose of those attending but may be incidental thereto and only if food is also served.
It shall be unlawful for any person to possess any alcoholic beverage in an open container in a public place as that term is defined in § 65-1.
It shall be unlawful for any person to consume any alcoholic beverage in any public place as that term is defined in § 65-1.
Criteria for issuance; exceptions.
The Commissioner of Public Safety or the Commissioner's designee shall have the authority to waive the prohibition against open containers and consumption of alcoholic beverages in public places for special events. In determining whether or not to waive the prohibition, the following factors shall be considered:
The number and age of persons likely to attend the special event.
What provisions for crowd control, including police and medical services, are necessary.
The availability of sanitary facilities in the area for which the waiver is being sought.
The likelihood that litter will result from a waiver and what provisions have been made to ensure against a litter problem.
The type and quantity of alcoholic beverages planned for the event.
Requests for waivers shall be in writing and specifically state the name and address of the person or group seeking the waiver, the nature of the special event, the exact area of the city which is to be included in the waiver and the date(s) and time(s) for which the waiver is being sought. In addition, the request shall address the five criteria in § 65-3A(1) and shall either affirm that the property included in the request is owned by the applicant or a letter shall be attached whereby the owner or owners of the property consent to the requested waiver. Written requests shall be submitted to the Department of Public Safety a minimum of 30 days prior to the special event.
The Commissioner of Public Safety shall issue a written waiver or inform the applicant, in writing, that the waiver has been denied within 5 days of receipt of a complete application. The waiver may include any special conditions deemed necessary and shall include the exact location, date(s) and time(s) that the waiver is effective. A copy of the waiver shall be posted on the premises during the special event.
Revocation. The Commissioner of Public Safety or the Commissioner's designee shall have the authority to revoke a waiver without notice, if during the special event the consumption of alcoholic beverages results in or contributes to a disruption of the peace or other threat to the safety of the public, or if any special condition of the waiver is violated.
City-sponsored special events or special events sponsored by the South Pasadena Civic Association or South Pasadena Golden Age Club, which are held in a public park, shall automatically qualify for a waiver. The Commissioner of Public Safety shall issue a waiver without an application, and the waiver shall be posted by the city.
In the event that the Commissioner of Public Safety denies a request for waiver, the applicant may appeal that decision by filing a notice of appeal with the City Clerk. The notice of appeal shall attach both the written request and the denial. The Clerk shall schedule the matter to be heard before the City Commission on the next available regular Commission agenda. In the event that the date for the special event is prior to the Commission meeting, the applicant shall have the option of amending the request to a future date. In determining whether or not to grant the waiver, the Commission shall apply the criteria contained in § 65-3A.
Violations of this chapter shall be punishable as provided in § 1-16 of the City Code of Ordinances.