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ORD 410 r-- ORDINANCE NO. 410 f ¡ ! AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING SECTION 11.08.005 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO PUBLIC DRINKING AND LIQUOR POSSESSION WHEREAS, construction of the first golf course at SilverRock Resort is nearing completion; and WHEREAS, in connection with the operation of the golf course, the City wishes to allow the sale, possession, and consumption of alcohol on the golf course premises. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES· ORDAIN AS FOLLOWS: SECTION 1. That Section 11.08.005 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: - 11.08.005 Public drinking and liquor possession. A. A person shall not consume or possess any alcoholic beverage, as defined in Section 23004 of the California Business and Professions Code, upon any public street, sidewalk, highway, road, lane, alley or upon any other publicly owned property which is open to the public, including all park and recreational areas which are located within the city limits. Possession shall include any alcoholic beverage contained in any bottle, can, or other receptacle which: 1. Has been opened; 2. Has a seal broken; or 3. The contents of which have been partially removed. B. A person shall not commit any act prohibited in subsection A of this section when such person is upon privately owned property which is open to the use or patronage of the general public at the time, unless the person committing the act has the ex~ress or implied ,-- permission or invitation to do so from the owner or lessee or person in charge of the private property or business premises involved. Ordinance No. 410 Amending § 11.08.005 - La Quinta Municipal Code Adopted: December 21,2004 Page 2 c. Subsection A of this section shall not apply to consumption or possession of alcoholic beverages within the city limits if a permit, entitlement or permission has been issued by the city manager or city council in connection with a special event located on the premises where the consumption or possession would otherwise be prohibited. Subsection A shall not apply with respect to public property owned and controlled by a public entity other than the city if the other public entity has given its express permission or invitation allowing use of the premises for purposes otherwise prohibited in subsection A of this section. Subsection A of this section shall not apply to any municipally owned golf course and clubhouse. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 3. POSTING: The City Clerk shall within fifteen (1 5) days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 215T day of December, 2004, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADO H, ayor City of La Quinta, California i~~ ~ ~---. ~ _..~_.- - . Ordinance No. 410 Amending § 11.08.005 - 1.1 Qulnta Municipal Code Adopted: December 21,2004 Page 3 ,-- I l ATTEST: ~~.~..ieJ J S. GREEK, CM , Ity Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: - r- ¡ Ordinance No. 410 Amending § 11.08.005 - La Quinta Municipal Code Adopted: December 21, 2004 ,- Page 4 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 410 which was introduced at a regular meeting on the 7th day of December, 2004, and was adopted at a regular meeting held on the 21st day of December, 2004, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted.in three places within the City of La Quinta as specified in a Resolution of the City Council. I ~ -e1~ JUNE S. GREEK, CMC, City Clerk City of La Quinta, California DECLARA TION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on /,;¿jSo/ö¿oø.,. ,pursuant to Council Resolution. / ~-e/~ JUNE S. GREEK, CMC, City Clerk City of La Quinta, California ~ ._~... ~.-