HomeMy WebLinkAboutNS-1508CDG/fm
10/19/79
ORDINANCE NO. NS-1508
AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING
SECTION 2-743 OF THE SANTA ANA MUNICIPAL CODE
SO AS TO AUTHORIZE THE DIRECTOR OF RECREATION
AND PARKS TO GRANT PERMISSION FOR THE SALE AND
CONSUF~PTION OF BEER AT EDDIE WEST FIELD - SANTA
ANA STADIUM, AND TO DESIGNATE THE CITY MANAGER
AS HEARING OFFICER IN DISPUTES ARISING THEREFROM.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That Section 2-743 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
No intoxicating liquor shall be sold or consumed
upon the premises known as the Eddie West Field-Santa Ana
Stadium except with the express written consent of the
Director of Recreation and Parks. The Director of Recrea-
tion and Parks may grant such consent, but only for the sale
and consumption of beer for adult events. An event may be
deemed an "adult event" if the predominate age of the
audience can reasonably be expected to exceed 21 years. No
such consent shall be given whenever (1) the sponsor of the
event does not desire the sale and consumption of beer at
the event; or (2) the event is sponsored by any school; or
(3) the event is of a religious nature; or (4) the event is
in the nature of a youth event, including, but not limited
to, concerts and youth athletic events where the predominate
audience age is less than 21 years or the predominate age of
athletes or other participants is less than 21 years.
Any agreement between the City and a stadium
concessionaire which allows such concessionaire to sell
refreshments but prohibits sale of alcoholic beverages shall
not prohibit such concessionaire from selling beer when
permission for sale and consumption of beer has been granted
to a user of the stadium, provided such concessionaire
complies with the terms and limitations of the permission
granted to such user.
In the event of any dispute or disagreement concerning
the granting of consent for the sale and consumption of beer
in Eddie West Field-Santa Aha Stadium, the City Manager
shall act as hearing officer and shall act solely upon the
basis of the foregoing standards. The hearing and appeal
provisions of Chapter 3 shall not apply, and the determination
of the City Manager shall be final.
SECTION 2: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the de-
cision of any 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 Santa Ana
hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or
portions be declared invalid or unconstitutional.
ORDINANCE NO. NS-1508
SECTION 3: Neither the adoption of this ordinance
nor the repeal hereby of any ordinance shall in any manner
affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof,
nor be construed as affecting any of the provisions of such
ordinance relating to the collection of any such license or
penalty or the penal provision applicable to any violation
thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or
deposited pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full
force and effect.
ADOPTED, this 19th day of November ,
1979, by the following vote:'
ATTEST:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
APPROVED AS TO FORM:
KEITH L. GOW,
CITY ATTORNEY
Bricken, Griset, Luxembourger, Markel,
Serrato, Ward
Yamamoto
None
MAYOR