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PC Res 2533RESOLUTION NO. 2533 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL CODE, ADDING CHAPTER 21.68 (BEER AND WINE FESTIVALS), CITY-INITIATED, TA 88-03. After notification and public hearing as specified by law on proposed amendments to the text of the Campbell Municipal Code, and after presentation by the City Attorney, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, and based upon the following findings, the Commission did determine that there was a significant need to add Chapter 21.68 (Beer and Wine Festivals) to the Campbell Municipal Code. The proposed text amendment will serve to clarify the Council's intent with regard to Beer and wine Festivals. e The proposed text amendment establishes specific regulations regarding Beer and Wine Festivals. The Planning Commission does hereby recommend that the City Council adopt the attached Ordinance enacting the necessary legislation to make the proposed text amendment effective. PASSED AND ADOPTED this 10th day of May 1988 by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Kasolas, Stanton, Perrine, Olszewski, Christ None Walker, Dickson. APPROVED: Ronald W. Christ Chairman ATTEST: Arthur A. Kee Secretary ORDINANCE NO. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING CHAPTER 21.68 (BEER AND WINE FESTIVALS) TO THE CAMPBELL MUNICIPAL CODE (TA 88-03). The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter 21.68 (Beer and Wine Festivals) to the Campbell Municipal Code is hereby amended as set forth in Exhibit A, attached hereto. SECTION TWO: This Ordinance shall become effective thirty days following its passage and adoption and shall be published once within fifteen days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this day of roll call vote: , by the following AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ATTEST: APPROVED: BARBARA OLSASKY, CITY CLERK WILLIAM R. PODGORSEK, MAYOR EXHIBIT A Proposed Chan~es to Zonin~ Code Chapter 21.68 Beer and Wine Festivals Sections: 21.68.010 21.68.020 21.68.030 21.68.040 Beer and Wine Festival Defined Beer or Wine Festival on Public Rights-of-Way Beer or Wine Festivals on Private Property No Hard Liquor 21.68.010 Beer and Wine Festival Defined A Beer or Wine Festival means a fair, exhibition, ceremony, art show, program, celebration or other public assemblage of people for the conduct of a festivity involving the sale and consumption of beer or wine. 21.68.020 Beer or Wine Festival on Public Rights-of-War (a) No beer or wine festival shall be conducted on any public street, highway, alley, sidewalk, or other public right- of-way, unless a special event permit has been obtained pursuant to Chapter 5.50 of this Code. (b) Notwithstanding any provision of this Title to the contrary, no permit or approval otherwise mandated by this Title shall be required for conducting a Beer or Wine Festival in accordance with a special event permit approved pursuant to Chapter 5.50. 21.68.030 Beer or Wine Festivals on Private Property Notwithstanding any provision of this Title to the contrary, no permit or approval otherwise mandated by this Title shall be required for a Beer or Wine Festival conducted on private property located in a C-1, C-2, C-3 or P-F zoning district if the following conditions are met: (a) The property is not used for a Beer or Wine Festival for more than four (4) days in each calendar year; (b) All necessary permits are obtained from the Department of Alcoholic Beverage Control. 21.68.040 No Hard Liquor Nothing tn this Chapter shall be construed to allow the service of any alcoholic beverage other than beer or wine.