HomeMy WebLinkAboutOrd1999-002
.
I
.
Sponsored by: Janke
Introduction Date: February 8, 1999
Public Hearing Date: February 22, 1999
Enactment date: February 22, 1999
CITY OF SEWARD, ALASKA
ORDINANCE NO. 99-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE, TITLE 8, BUSINESS
REGULA TIONS AND LICENSING, CHAPTER 8.05, BY ADDING
LANGUAGE TO DEFINE ALCOHOLIC BEVERAGES, DELETING
REFERENCES TO CONSUMING ALCOHOL, DELETING PHYSICAL
BOUNDARIES WHICH BRINGS ALL PUBLIC PLACES INTO
CONFORMANCE FOR NO OPEN CONTAINERS, ALLOWING FOR A
PERMIT FOR A OPEN CONTAINER IN CONJUNCTION WITH A
PAVILION RESERVATION ADDING A MANDA TORY FINE FOR
PUBLIC CONSUMPTION AND UPDATING THE LEGAL DRINKING
AGE AS OVER 21 YEARS.
WHEREAS, the City administration has received public input on a desire to limit
alcohol consumption and penalize abuse, especially in Waterfront Park, and especially on the
July 4th weekend; and
WHEREAS, appropriate City Code tools are required to enforce conduct to the desired
level which the public expects; and
WHEREAS, a review of the public consumption alcohol ordinances is required to
update the legal drinking age for conformance with state law
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
HEREBY ORDAINS that:
Section 1. SCC ~ 8.05.010, Compliance with state laws or regulations is hereby
amended to read as follows:
A. The term "intoxicating liquor" as used in this chapter shall mean intoxicating liquor
or alcoholic beverage as defined by state law, including but not limited to A.S. 04.21. 080 (b)(I)
and any amendments thereto.
B. No person shall violate any law of the state, nor any rule or regulation adopted by
any duly authorized agency of the state, pertaining to intoxicating liquor, including the
manufacture, sale, distribution, consumption and furnishing of such liquor, and the securing of
various types of liquor licenses. (Ord. 294, 1960)
Section 2. SCC ~ 8.05.015, Consumption in public places, unlicenced establish-
ments, etc., prohibited is hereby amended to read as follows:
A. No person shall have an open bottle, glass or other open container containing any
intoxicating liquor in his possession on the public streets, parks or in any other public place,
including any store or establishment open to or doing business with the public not licensed to
sell intoxicating liquor for consumption on the premises.
B. No person or business organization, which owns, operates or controls any public
establishment or store shall permit a violation of subsection A. of this section to occur on the
premIses.
C. No exception to the provisions of subsection A. of this section shall be allowed, unless
approved and prior authority therefor be granted in writing by the chief of police or his/her
designee. Such exceptions shall only be granted if accompanying a pavilion reservation issued
through the parks and recreation department. (Ord. 294, 1960; Ord. 416, 1976)
Section 3. SCC ~ 8.05.050, Authority to evict certain persons from licensed premises
is hereby amended to read as follows:
The licensee and his employees are expressly permitted to evict any person suspected of
being a minor under the age of twenty-one, or intoxicated, or a known habitual drunkard, or a
known user of drugs, and failure of such a person to leave after oral request shall be unlawful
and shall be deemed a violation of this chapter on the part of such person. (Ord 294, 1960;
Ord 376, $ 1, 1971)
Section 4. SCC ~ 8.05.080, Possession by minors prohibited is hereby amended to
read as follows:
No person under the age of twenty-one years shall attempt to purchase or otherwise
secure, consume or have in his possession any alcoholic beverages. (Ord. 376, ~ 2, 1971)
Section 5. The Seward City Code is amended by adding a new section to read as follows:
8.05.095 Penalties
A violation of section 8.05.015 in this chapter shall be a fine punishable by a
mandatory fine of not more than $300.00 and the confiscation and destruction of all
intoxicating liquor in such persons possession.
Section 6. This ordinance shall take effect ten (l0) days following its enactment.
ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 22
day of February, 1999.
THE CITY OF SEWARD, ALASKA
~/( &~~
Lowell R. Satin, Mayor
I
I
I
CITY OF SEWARD, ALASKA
ORDINANCE NO. 99-02
AYES:
NOES:
ABSENT:
ABSTAIN:
Blatchford, Gage, King, Satin, Shafer, Off
Callahan
None
None
ATTEST:
pOctT~ ~7
Patrick Reilly /'
City Clerk
(City Se~'''''''''',
~,,~ Of SEIJ!.""#"
~ ~...(. .......... ~~ ~
~ ,.).~ ..... ~/!I~.~.:'Y-^ ~
~ ".. .~~..v ..
~. .-. ~
= I -- \!
: . i SEAL i. 5
-: \ , =
~ ~ --- I ·
10 ~"'''''' ~."..~. 1
.. "'~ \~.., !IO
~4 ~h:.~.tl.... ~ !'It"
I/',~, I:,f OF p..~,.~..'I>
""UIlI'\\