10.68.030 Definitions.
For the purposes of this chapter, the following definitions apply:
A. "Alcohol." The definition of "alcohol" in Section 23003 of the California Business and Professions Code, as amended from time to time, shall apply to this chapter. As of the introduction of this chapter, Section 23003 defined "alcohol" to mean "ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced."
B. "Alcoholic beverage." The definition of "alcoholic beverage" in Section 23004 of the California Business and Professions Code, as amended from time to time, shall apply to this chapter. As of the introduction of this chapter, Section 23004 defined "alcoholic beverage" to mean "alcoholic beverage includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one 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. "Alcoholic beverage sales establishment" means any off-sale or on-sale commercial establishment where alcoholic beverages are sold, served, or given away.
D. "Alcohol-related nuisance activity attributable to an alcoholic beverage sales establishment" means nuisance activities that occur on or near an alcoholic beverage sales establishment or that involve a call for service where a law enforcement officer determines that the alcoholic beverage sales establishment provided alcohol to a person involved in the nuisance activity within the preceding three hours, where the nuisance activities are attributable to the operations of an alcoholic beverage sales establishment subject to this chapter and could be abated by reasonable steps by the establishment pursuant to this chapter.
E. "City" means the city of Petaluma.
F. "Licensee" means any person holding a license, permit, or other authorization to sell alcoholic beverages to the public issued by the California State Department of Alcoholic Beverage Control.
G. "Manager" means the person, regardless of job title or description, who has discretionary powers to organize, carry on, control or direct the operation of an alcoholic beverage sales establishment.
H. "Nuisance activity" includes, but is not limited to, disturbance of the peace, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, littering, loitering, public urination, graffiti, lewd conduct, vandalism, unruly behavior, drug trafficking, or escalated noise levels.
I. "Off-sale" means the sale of alcoholic beverages for consumption off the premises where sold.
J. "On-sale" means the sale of alcoholic beverages for consumption on the premises where sold.
K. "Over-consumption of alcohol" means consumption of an amount of alcohol such that the person is under the influence of alcohol pursuant to California Vehicle Code Section 23610, as that provision is amended from time to time.
L. "Person" includes any individual, firm, partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
M. "Reasonable steps" include:
1. Monitoring the consumption of alcoholic beverages by patrons of the alcoholic beverage sales establishment;
2. Calling the Petaluma police department as soon as practicably possible upon discovering a nuisance activity occurring on or near the alcoholic beverage sales establishment; and
3. Requesting those persons engaging in nuisance activities to cease those activities, unless the responsible person, or his or her agents or employees, feel that their personal safety would be threatened in making that request.
N. "Responsible beverage service training" or "RBS training" means an educational course in responsible beverage sales and service methods and practices, conducted by the California Department of Alcoholic Beverage Control or an organization certified by the California Department of Alcoholic Beverage Control, that provides a certificate of completion.
O. "Response costs" means the costs associated with responses by law enforcement to alcohol-related nuisance activities attributable to an alcoholic beverage sales establishment including but not limited to:
1. Salaries and benefits of law enforcement personnel for the amount of time spent responding to, remaining at, or otherwise dealing with alcohol-related nuisance activities attributable to an alcoholic beverage sales establishment, and the administrative costs attributable to such response(s);
2. The cost of any medical treatment to or for any law enforcement personnel injured responding to, remaining at or leaving the scene of a call based on an alcohol-related nuisance activity attributable to an alcoholic beverage sales establishment;
3. The cost of repairing any city equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of a call based on an alcohol-related nuisance activity attributable to an alcoholic beverage sales establishment; and
4. Any costs recoverable in accordance with California Civil Code Section 1714.9.
P. "Responsible person" means a person who is an owner, operator, licensee or manager of an alcoholic beverage sales establishment in the city.
Q. "Server" means any person who, as part of his or her employment, sells, or serves any alcoholic beverage.
(Ord. 2285 NCS §1 (part), 2007.)