111918 Study Session Memo Backup CITY COTJNCII
STUDY SESSION AGENDA
OF NOVEMBER 19, 2018
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Interoffice Memorandum
TO: Mayor and City Council
FROM: B.Todd Glover,City Administrator
DATE: November 16,2018
SUBJECT: Study Session Date of Monday,November 19,2018
A study session of the North Augusta City Council has been scheduled for Monday, November
19, 2018, at 6:00 p.m. in the Municipal Center's 3`d Floor Council Conference Room/Council Chambers
located at 100 Georgia Avenue.
The following are among the topics for discussion and review:
ITEM 1. CITY COUNCIL AGENDA: Items on the November 19, 2018 Council
Agenda—Council Discussion
At this time, any questions related to the agenda scheduled for tonight's meeting may be
discussed.
ITEM 2. CITY CODE: Ordinance No. 2018-02 — An Ordinance Amending
Section 4.1 of the Code of Laws for the City of North Augusta Entitled
"Consumption of Alcoholic Beverages in Public" — Ordinance, First and Second
Reading—Tabled—Council Review and Discussion
At the February 19, 2018 Council meeting, on motion by Councilmember McGhee,
second by Mayor Pettit, Council unanimously tabled an ordinance amending Section 4.1
of the Code of Laws for the City of North Augusta Entitled"Consumption of Alcoholic
Beverages in Public".
City Administrator, Todd Glover, would like Mayor and Council to review and discuss
the proposed ordinance.
Please see Attachment No.2 for the proposed ordinance.
Page 2 November 19, 2018
ITEM 3. LEGAL: Executive Session—Request of the City Administrator
In compliance with Section 30-4-70 (a)(2)the City Administrator requested an executive
session for the purpose of:
(2) Discussion of negotiations incident to proposed contractual arrangements and
proposed sale or purchase of property, the receipt of legal advice where the legal advice
relates to a pending, threatened, or potential claim or other matters covered by the
attorney-client privilege, settlement of legal claims, or the position of the public agency
in other adversary situations involving the assertion against the agency of a claim.
Discussion is related to property owned by the City specifically referred to as Northview
Park.
NO ACTION IS ANTICIPATED FOLLOWING THE EXECUTIVE SESSION.
ATTACHMENT 2
ORDINANCE NO. 2018-02
AN ORDINANCE AMENDING SECTION 4-1 OF THE CODE OF LAWS
FOR THE CITY OF NORTH AUGUSTA ENTITLED "CONSUMPTION
OF ALCOHOLIC BEVERAGES IN PUBLIC"
WHEREAS, Section 4-1 of the City Code relates to consumption, use, etc.
of alcoholic beverages in public areas of the City; and,
WHEREAS, such Ordinance was amended in October of 2017 to provide
for regulations that considered City sponsored festivals; and,
WHEREAS, at the time of the passage of said Ordinance, it was anticipated
that additional changes would be necessary in order to effectively regulate future activities
within the City; and,
WHEREAS, the Mayor and City Council have made a determination that it
is appropriate to update such Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of North Augusta, South Carolina, in meeting duly assembled and by the authority
thereof, that:
1. Section 4-1 of the Municipal Code for the City of North Augusta is
hereby deleted in its entirety and replaced with the following:
Section 4-1. Consumption of Alcoholic Beverages in Public
a) Except for the area and circumstances provided for in Sections B, C
and D herein, it shall be unlawful for any person, in a public place,
within the corporate limits of the City, to publicly engage in the
possession of an open container of or consume an alcoholic
beverage, intoxicating liquors, beer, ale, porter, wine, any other
similar malt or fermented beverage. This restriction does not apply
to any public place licensed for the sale and consumption of
alcoholic beverages by the State of South Carolina.
b) Within the area of the City known as Riverside Village, a
specifically described area shall allow for public possession and
consumption under restrictions and regulations as set forth herein
below. The specific area is described as follows: on the north by
Brick Pond Park; on the east by Georgia Avenue; on the south by the
Savannah River and on the west by Esplanade. The specific area is
more specifically identified and reference for said area is made to the
exhibit attached hereto to, identified as "Alcohol Public
Consumption Area."
1. Between the hours of 10:00 AM and 12:00 MIDNIGHT, any
business establishment that is licensed to sell alcoholic
beverages, that is within or borders on the described area, may
sell beer and/or wine beverages in a paper or plastic cups for
removal from the premises to the designated area. No cans,
bottles or glass containers of any nature may be utilized. No
person shall remove more than two (2) beverages from the
premises at any one time.
2. No beverages, as allowed for removal from business
establishments as identified in Number 1 above, are allowed
outside of the designated area. In addition, no alcoholic
beverages, for consumption within the designated area, may be
brought in from outside of said area.
3. Any alcoholic beverage dispensed pursuant to this section must
be contained within a paper or plastic cup, not to exceed 16 fluid
ounces in size. Such cups shall be identifiable and as specifically
approved by the City for such usage. Such cups are to be
provided by the business selling such beverages.
4. Should the City Administrator, in consultation with the Public
Safety Director, determine that the enforceability of this
Ordinance would be enhanced by further requirements and
regulations related to the possession and consumption of
alcoholic beverages within the designated area, such
requirements may be placed in effect by written notification of
same to all businesses within the designated area.
5. The Public Safety Director, the City Administrator, or their
designees shall have the right to temporarily suspend the service
of beverages within the consumption area, in the event that they
determine that such suspension is necessary for the safety and
wellbeing of the persons within the area.
c) The City Administrator may, at his/her discretion, grant a permit for
the consumption of alcoholic beverages in public places, during
special events and celebrations sponsored in whole, or in part, by the
City. Such permit would be in written form and specify the times
and areas, when and where alcoholic beverages may be possessed
and consumed. In addition, the Administrator is authorized to
provide such other restrictions, regulations or requirements deemed
appropriate to protect the interest of the public when granting a
permit.
d) Businesses that obtain from the City encroachment permits for
outdoor cafés pursuant to Section 4.32 through 4.32.4 of the North
Augusta Development code, are allowed to provide for the service
and consumption of alcoholic beverages on City streets and public
property in such areas as the permit authorizes the encroachment.
The service and consumption of food, non-alcoholic beverages and
alcoholic beverages in sidewalk encroachments is limited to patrons
seated at tables. The permit may specify the permitted hours for
service or consumption of alcoholic beverages but may not authorize
such service between the hours of 12:00 midnight and 10:00 am.
e) The provisions of this Section shall not be construed as an exception
or waiver of any Ordinance or South Carolina Law regarding Public
Intoxication or Operating an Automobile While Impaired, and
should not be construed as affecting Dram Shop Liability or other
liability that any such establishment may be subjected to under law.
f) For purposes of construing and interpreting this Ordinance, the
following definitions shall apply.
a. Alcoholic Beverage. Any spirituous malt, vinous,
fermented, brewed (whether lager or rice beer), or other
liquors or a compound or mixture of them, including, but not
limited to, a powdered or crystalline alcohol, by whatever
name called or known, which contains alcohol and is used as
a beverage for human consumption.
b. Person. Any individual, firm, partnership, joint venture,
syndicate or other group or combination acting as a unit,
association, corporation or other legal entity and shall include
the plural, as well as singular.
c. Public Area. Any public street, sidewalk, alley, publicly
owned parking lot, or other public area within the City.
.4
All other Ordinances or parts of Ordinances in conflict herewith are, to the
extent of such conflict, are hereby repealed.
This Ordinance shall become effective immediately upon its adoption on the
third and final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
FEBRUARY, 2018.
First Reading:
Second Reading: ROBERT A. PETTIT,MAYOR
Third Reading: ATTEST:
DONNA B.YOUNG,CITY CLERK
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