CCP119 Alcohol ExemptionCITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
EXEMPTIONS TO SAN JUAN CAPISTRANO Page Date Number
MUNICIPAL CODE SECTION 5-3.02
PROHIBITING DRINKING OF ALCOHOLIC 1 of 3 2/7/95 119
BEVERAGES IN PUBLIC
Where public drinking is prohibited
Section 5-3.02 of the San Juan Capistrano Municipal Code prohibits the drinking of
alcoholic beverages on any street, roadway, boulevard, alley, parking lot, sidewalk, or
public way in the City. It further prohibits drinking in any public parking lot, loading, and
access areas of any commercial shopping center, and on any grounds owned by or under
the control of a public school district within the City, or within 300 feet from any exterior
boundary of such grounds, and within any public park, recreational area or recreation
facility owned and/or operated by the City. Exemptions may be allowed upon prior written
approval of the City.
How to apply for an exemption
Any group desiring to sell or consume alcoholic beverages in any City owned
building, on City owned property, or on public property as described in Section 5-3.02 of
the Municipal Code as part of a temporary function or event must request permission from
the City to do so. Requests to sell or consume alcoholic beverages must be submitted in
writing. An application must be made for an exemption for individual events, as well as
periodically scheduled events or activities. Applicants requesting a temporary exemption
from the Municipal Code must adhere to the following conditions:
1. When alcoholic beverages will be sold, applicants must apply for and receive
an Alcohol Beverage Control Conditional License prior to the event date.
This license is issued through the State of California.
2. No more than two (2) drinks will be served to a customer at a time.
3. Beer will be served in cups no larger than sixteen (16) ounces. Wine and
mixed drinks will be served in cups no larger than ten (10) ounces.
4. Alcohol sales or consumption will be terminated prior to the closure of the
event each day. For events less than five hours' duration, the event
organizers will determine when sales or consumption will terminate. For
events of five hours' duration, sales or consumption will terminate one hour
prior to the closure of the event. For events of six hours or more duration,
sales and consumption of alcoholic beverages will terminate two hours prior
to the close of the event or activity. The time of termination of sales and
consumption of alcoholic beverages will be noted on the Alcoholic Beverage
Permit issued by the City.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
EXEMPTIONS TO SAN JUAN CAPISTRANO Page Date Number
MUNICIPAL CODE SECTION 5-3.02
PROHIBITING DRINKING OF ALCOHOLIC 2 of 3 2/7/95 119
BEVERAGES IN PUBLIC
5. Applicants will provide security at points of sale or consumption to ensure
compliance of all restrictions.
6. A security plan must be submitted to and approved by the Chief of Police
Services prior to the event date.
7. Applicants must submit proof of insurance in a form acceptable to the City.
8. For City sponsored events, applicants shall indemnify the City and hold it
harmless in the event of injury or incident for which a claim may be filed.
9. The written consent to sell or consume alcoholic beverages received from
the City shall be kept on site at the event or activity at all times.
The consent of the City to grant an exemption from Section 5-3.02 of the Municipal
Code may be immediately revoked, without prior notice, by the City Manager or his
delegate, the Chief of Police Services, or any Deputy Sheriff if any condition of the written
permission is violated, the public safety is perceived to be endangered, or if any violation of
law is committed.
The past failure of an applicant to comply with these conditions or the commission of
any substantial violation of the San Juan Capistrano Municipal Code are grounds for denial
of a request to serve or sell alcoholic beverages pursuant to this policy.
Applications for sale or consumption in public buildings
A group desiring to consume or sell alcoholic beverages in a public building must
make written application to the Director of Community Services at least 30 days prior to the
event or activity. All approvals shall be submitted to the conditions described above.
Applications for sale or consumption on public property
A group desiring to consume or sell alcoholic beverages on all other public
properties as described in Section 5-3.02 must make written application to the City
Manager at least 30 days prior to the event or activity. All approvals shall be subject to the
conditions described above.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
EXEMPTIONS TO SAN JUAN CAPISTRANO Page Date Number
MUNICIPAL CODE SECTION 5-3.02
PROHIBITING DRINKING OF ALCOHOLIC 3 of 3 2/7/95 119
BEVERAGES IN PUBLIC
Applicable Fees
Any applicant receiving permission to temporarily consume or sell alcoholic
beverages is subject to any applicable fees established by the City.
City Council Notification
The City Council will be notified of each completed application to sell or consume
alcoholic beverages, prior to the date of the activity or event.
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