ORDINANCE NO The City Council of the City of Huntington Beach does hereby ordain as follows:

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING HUNTINGTON BEACH MUNICIPAL CODE CHAPTERS RELATING TO CARD GAMES, RELATING TO REGULATION OF ALCOHOL CONSUMPTION ON OR ABOUT INDEPENDENCE DAY AND (c) (i), (ii), (iii) AND (iv) RELATING TO ALCOHOL USE PERMIT REQUIREMENTS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Chapter of the Huntington Beach Municipal Code is hereby repealed. SECTION 2. Chapter of the Huntington Beach Municipal Code is hereby repealed. SECTION 3. Chapter (c) (i), (ii), (iii) and (iv) of the Huntington Beach Municipal Code is hereby repealed. SECTION 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of, ATTEST: Mayor City Clerk REVIEWED AND APPROVED: City Manager /99741.doc

2 LEGISLATIVE DRAFT Chapter 9.24 Sections: GAMBLING (713-5/59, /76, /10) Anything of value defined Premises--Keeping Permitting unlawful Betting Limitations Card games Winnings--Accepting Losses Betting valuables of another Card games Hours Permitting unlawful use of premises Seizure of equipment Card games Inspection Hindering inspection Construction Non-profit-EXEMPTION Anything of value defined. "Anything of value" means money, coin, currency, check, chip, allowance, token, credit, merchandise, property or anything representative of value, and includes without limitation any payment for services or for the use of any premises, cards, chips, furniture or other article. "Anything of value" also means any increase or probable increase in business or patronage resulting directly or indirectly from the playing of any game of cards permitted by section "Anything of value" also means any rent, remuneration or compensation of any nature received by any person, firm, corporation, club, lodge, association or church for the use or occupancy of any premises where the major, primary or usual use of said premises is for the playing of card games permitted by section (713-5/59, /76) Premises--Keeping. No person (either as principal, agent, employee or otherwise) shall keep, conduct or maintain in this city any house, room apartment or place used in whole or in part as a place where any game not mentioned in section 330 or 330a of the Penal Code of the state of California, is played, conducted, dealt, or carried on, with cards, dice, billiard balls, pool balls, cues or other devices, for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value, except that bingo games may be conducted pursuant to Chapter 5.64 of this code. ( , /76) Permitting unlawful. No person (either as principal, agent, employee or otherwise) shall knowingly permit any house, room, apartment or place owned by him or under his charge or control in this city to be used in whole or in part for playing, conducting, dealing or carrying on therein any game not mentioned in section 330 and 330a of the Penal Code of the state of California, with cards, dice, billiard balls, pool balls, cues or other devices, for money, checks, chips, credit or any other thing of value, except that bingo games may be conducted pursuant to Chapter 5.64 of this code. (536-2/49, /76) Betting--Limitations. No person shall play or bet at or against any game not mentioned in sections 330 or 330a of the Penal Code of the state of California, with cards, dice, billiard balls, pool balls, cues or other thing of value, except that bingo games may be conducted pursuant to Chapter 5.64 of this code. (536-2/49, /76) Huntington Beach Municipal Code Chapter 9.24 Page 1 of 3

3 Card Games. Notwithstanding the provisions of sections through , any game played with cards, and not mentioned in section 330 of the Penal Code of the state of California shall not be prohibited unless in violation of one or more of the following sections of this chapter. (713-5/59) Winnings--Accepting. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons to receive directly or indirectly anything of value from the playing or operation of any game of cards permitted by section , other than the actual winnings to which a person playing such a game in good faith for himself alone may be entitled as the result of such game. (713-5/59) Losses. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons to give anything of value for being permitted to participate in any game of cards permitted by section other than to pay the actual losses sustained by such person playing such game in good faith for himself alone. ( ) Betting valuables of another. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons to bet or wager anything of value belonging to another person in any game of cards permitted by section (713-5/59) Card games Hours. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons to play, participate in, or be present at any ar-as-beffisaffeere bet tal,afia--e-aryf (713 5/59) Permitting unlawful use of premises. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons, either as owner, lessee, agent, employee, mortgagor or otherwise, knowingly to permit any room, building or premises, or any furniture, fixtures, equipment or other article, or anything of value, to be used for or in any game of cards, permitted by section , in connection with which a violation of sections through occurs. (713-5/59) Seizure of equipment. In addition to any other remedy provided by law, any furniture, fixtures, equipment or article, or anything of value, used in violation of section may be seized by any of the officers designated by sections 335 and 335a of the Penal Code of the state of California, and in such cases shall be disposed of as provided in section 335a of said Penal Code; provided, however, that the phrase "machine or device" as used in section 335a of the Penal Code, shall mean any furniture, fixtures, equipment or article, or anything of value except money, coin or currency. Any or all money, coin or currency used in violation of section and seized pursuant to this section shall be deposited in the city general fund. (713-5/59) Card games--inspection. When any game of cards is being played which is permitted by section , it shall at all times be open to inspection by regular full-time police officers of the city while on actual duty. (713-5/59) Hindering inspection. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons to hinder, impede, obstruct, prohibit or prevent or to assist in such hindering, impeding, obstructing, prohibiting or preventing any such lawful inspection as provided for in section (713-5/59) Construction. Nothing in this chapter shall be construed as permitting any game of cards prohibited by section 330 of the Penal Code of the state of California. (713-5/59) Huntington Beach Municipal Code Chapter 9.24 Page 2 of 3

4 Non-profit-EXEMPTION. The provisions of the Chapter do not apply to events held by non-profit organizations which are properly permitted by the State. (3852-1/10) Huntington Beach Municipal Code Chapter 9.24 Page 3 of 3

5 Huntington Beach Municipal Code (B) LEGISLATIVE DRAFT Chapter 9.44 INTOXICATED AND DISORDERLY PERSONS (72-3/11, 407-2/38, 508-4/47, /95, /97, /99) Sections: Drinking in public places Regulation of alcohol consumption on or about Independence Day Disorderly houses Complaints--Previous convictions Repealed / General: Drinking in public places. No person shall drink any malt, spirituous or vinous liquor containing more than one-half of 1 percent of alcohol by volume, upon any public streets, alleys, sidewalks, parkways, playgrounds, parking lots open to the public, public parks, public school grounds, and public recreation areas within this city, unless such person is on any place for which a conditional use permit or special permit has been issued by the City of Huntington Beach permitting alcohol consumption. (72-3/11, 407-2/38, , /99) I. 4 A I I ". 1. : 1 : :. :. : ' : i. : : ; : : : i I : ; :. IN (a) Consumption in public prohibited In those areas of the city and on those dates set forth in Section (b) below, no person shall drink, or otherwise consume, any malt, spirituous or vinous liquor or beverage of any nature containing more than one half of 1 percent of park, beach, pier, parking lot or parking facility or on any public place, unless such person is upon any place for which a conditional use permit or special permit has been issued by the City of Huntington Beach permitting alcohol consumption. This ordinance shall also apply to lawful occupiers and their invited guests who consume alcohol in a public place as defined in Huntington Beach Municipal Code Section (c) below. (b) This section shall only be in effect between 12:00 noon PST on July 3, 1997 and 12:00 noon PST on July 6, 1997, and shall apply only to that area of the city bounded by Pacific Coast Highway on the south, Beach Boulevard on the st, Yorktown on the north and Goldenwest Street on the west. (1) Defmitions A. "Public place" for purposes of this section, Section , shall mean and include any place or location, whether on private or public

6 (i) to which the general public is invited or to which the general public has access; (ii) which abuts any public right of way or publicly owned property. B. "Public place" for purposes of this section also means any unenclosed driveway, where no permanent physical barrier serves to fully restrict access to that area. An open garage which directly abuts a public will any ground level entranceways immediately in front of a residence, such as a cement slab, provided that it is not fully enclosed by a permanent physical barrier. C. "Permanent physical barrier" means a permanent enclosure with a gate or door, over two (2) feet in height, which physically restricts all access, such as a fence with a closed gate, unbroken hedging with a D. "Lawful occupier" shall m n any person who has a lawful right to be on a premises, such as tenants, owners of property, and invited guests. (2) Exceptions. "Public place" shall not include any of the following: (i) the interior of any privately owned buildings or residences; (ii) patios, back or side yards or private vessels which abut a private or public beach, marina, dock or waterway; (iii) enclosed back or side yards or patios which do not abut a public street, sidewalk, or alley; (iv) decks, balconies, or porches, grass or lawn areas, or garden areas, separated from the abutting public sidewalk, street or alley, by a permanent gated fence or enclosure at least two (2) feet in height, Drovieea-u fully and completely encloses the area parallel to which the property line abuts the public sidewalk, street or alley, and parallel to the side property lines to E. aelf residence or building or connects with a deck, balcony or porch; (v) an open area surrounded by a wall or similar structure of five (5) feet in height or greater, with an aperture of four (4) feet or less for foot traffic; (vi) balconies or fully elevated porches, separated from the yard area by stairs. (3363 7/97)

7 Disorderly houses. It is unlawful for any person to keep a riotous house, or permit any riotous or disorderly conduct in any house, yard or premises connected therewith, owned or occupied by such person, or be guilty of any riotous or disorderly conduct in any house, yard or premises whereby the peace, quiet or decency of any person in the neighborhood of such house, may be disturbed. (72-3/11) Complaints--Previous convictions. Upon the filing of a complaint under this chapter, the person filing same shall ascertain from the police department the number of previous convictions and shall add an allegation to said complaint setting forth the number of convictions. (72-3/11, 508-4/47)

8 LEGISLATIVE DRAFT Huntington Beach Municipal Code (a) Chapter 9.84 Sections: ALCOHOL USE PERMIT (2043-4/76) Purpose Defmitions Application Restriction on permits Application--Approval Application--Denial Appeal procedure Requirements Prohibited activities Purpose. The declared purpose of this chapter is to provide definitions and adopt uniform regulations for the use and consumption of beer and wine and similar alcoholic beverages within public buildings. Specifically excluded from this purpose is the use of distilled spirits. (2043-4/76) Definitions. The following terms used in this chapter shall have the meanings indicated below: (a) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (b) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wines or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances. (c) "Distilled spirits" means alcoholic beverage obtained by the distillation of fermented agricultural products, and includes the alcohol for beverage use, spirits of wine, whiskey, rum, brandy, gin, vodka, and including all dilutions and mixture thereof. (d) "Beer" means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer and strong beer, but does not include sake, known as Japanese rice wine. (e) "Wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes, or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural products of which the wine is made, and other rectified wine products, and by whatever name and which does not contain more than 15

9 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume and includes vermouth and sake, known as Japanese rice wine. (2043-4/76) Application. Application for alcohol use permits shall be made to the City Administrator, in writing, signed by the applicant if an individual, or by a duly authorized agent thereof, if a club, organization, or corporation, and shall contain the following statements and information: (a) The name, age and address of the applicant in the case of an individual; in the case of a club, organization, or corporation, the names and addresses of the officers and directors of the club, organization or corporation; (b)the name of the facility the applicant seeks to occupy; (c) The date and hours of the occupancy; (d) The type of function planned for said hours and date; (e) The number of persons expected to attend such function; (f) The type of food and beverages expected to be served at such function. A five dollar ($5) nonrefundable application fee shall accompany each application. Said application must be made forty-five (45) days in advance of the planned activity. Said application may be cancelled forty-eight (48) hours prior to the scheduled activity without forfeiture of fees collected, except application fee. (2043-4/76) Restriction on permits. No such permit shall be issued to a person who is not of good character or reputation in the community in which he resides. (2043-4/76) Application--Approval. Copies of the application made with the City Administrator shall be delivered to the Police Department and the Department Director in charge of the facility sought to be used. The Police Chief or said Department Director shall examine the application and shall deliver to the City Administrator within ten (10) days of receipt of the application a report containing any comments, possible schedule conflicts, and any suggestions for additional requirements of the applicant pertaining to the requested use. The City Administrator shall inform the applicant within twenty (20) days of the receipt of the original application of his decision either to approve or deny the issuance of a permit. Upon making such decision he shall: (a) In the case of approval, notify the applicant in writing of the approval, inform him of any fees that shall be required, and provide him with a copy of Section and of this code. (b) In the case of denial, notify the applicant in writing of the denial, and provide him with a copy of Section of this code. (2043-4/76)

10 Application--Denial--Appeal procedure. The procedure for appeal following the denial of an application is as follows: (a) Within seven (7) days after the receipt of the notice of denial the applicant shall file a notice of appeal with the City Clerk, addressed to the City Council, and stating their basis of the appeal. (b) The City Clerk shall schedule a hearing to be held within fifteen (15) days of the filing of the notice of appeal. The City Clerk shall cause the applicant to be given notice of the hearing by certified mail at least five (5) days in advance of the date of the hearing. The applicant, or his designated representative, may appear before the City Council, and make an oral presentation of the appeal, or he may make the appeal through a written statement, or he may do both. The City Council shall rule on the appeal within fifteen (15) days after it is heard and such ruling shall be final. (2043-4/76) Requirements. The following requirements shall be met and shall be the responsibility of each person securing an alcoholic use permit: (a) A cleaning deposit in an amount determined by the City Administrator shall be deposited with the city treasurer at least forty-eight (48) hours prior to the scheduled activity. (b)a damage deposit, bond, or proof of insurance in an amount determined by the City Administrator shall be deposited with the city treasurer at least fortyeight (48) hours prior to the scheduled activity. (c) If a determination is made by the City Administrator, any Department Director, or the Chief of Police that extra labor shall be required at the activity, the cost of said labor shall be estimated and a like amount deposited (i) Custodian $7.50 per hour per custodian. (ii) Regular police officer $11 per hour per officer. (iii) Reserve police officer $7.50 per hour per officer; and (iv) Fire marshal $11 per hour per marshal. (d) Proof of an alcoholic beverage control license shall be provided if alcohol is to be sold during the scheduled activity. (2043-4/76) Prohibited activities. The following activities are hereby prohibited in connection with the issuance of any alcoholic use permit: (a) No beer, wine, or distilled spirits containing more than 24 percent of alcohol by volume shall be served. (b) No alcohol or alcoholic beverages shall be served to minors. (c) All minors must be accompanied by a parent, adult relative or legal guardian.

11 (d) There shall be no concurrently scheduled youth activities in the same facility. (e) No alcohol or alcoholic beverages shall be served after 1 a.m. (f) No leftover food or beverages shall be allowed to remain on the premises. (g) There shall be no structural or electrical alterations to the premises occupied. (h) There shall be no use of decorations other than those approved by the Department Director responsible for the premises. (i) There shall be no removal or relocation of chairs, tables, or other furniture or equipment without written permission of the Department Director responsible for the premises. (j) No person except for a cleanup crew shall remain in the premises after 1:30 a.m. (k) There shall be no use of the premises other than noted in the permit. (2043.4/76)