ATTACHMENT 1
DRAFT ORDINANCE AMENDING SECTIONS
9.45.030 AND 9.45.060
TO REQUIRE
TEMPORARY USE PERMITS
FOR EVENTS SERVING ALCOHOL ON
CITY PROPERTY OR FACILITIES
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9.45ORDINANCE NO. ___-2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW AMENDING SECTIONS 9.45.030 AND 9.45.060 TO REQUIRE TEMPORARY USE
PERMITS FOR EVENTS WHERE ALCOHOLIC BEVERAGES WILL BE SERVED
AND CONSUMED
WHEREAS, the State Planning and Zoning Law (Government Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community and how its citizens envision their city; and
WHEREAS, the City Council adopted Ordinance No. 791-2003 – City of Barstow Temporary Uses Ordinance - to creating Chapter 9.45 titled Temporary Uses of Title 9 titled Peace, Morals, and Safety of the City of Barstow Code of Ordinances to require temporary use permits for the short-term placement of activities in temporary facilities or outdoors; and
WHEREAS, in order to protect public health, safety, and welfare, the City Council desires to amend sections 9.45.030 and 9.45.060 to require private parties and the City to obtain a temporary use permit where alcohol will be served on City property.
NOW THEREFORE, the City Council of the City of Barstow does ordain as follows:
SECTION 1. Municipal Code Amendment. Section 9.45.030 of the Municipal Code is hereby revised to provide as follows with additions denoted in underline and deletions in strikethrough:
Sec. 9.45.030. - Temporary uses permitted.
No use listed shall be conducted on any parcel of land or within any public right-ofway, including sidewalks and parking lots, unless approval of a temporary use permit has been granted for that use. The following is an exclusive listing of the temporary uses that may be permitted subject to the granting of a temporary use permit in accordance with the provisions of this chapter. If a proposed temporary use is not listed, then the applicant must first obtain a conditional use permit pursuant to chapter 19.30:
(1) Public rights-of-way, including sidewalks and parking lots:
a. Any non-motorized race, walkathon, bike-a-thon or similar event; b. Block party;
c. Parade and other constitutionally protected expression; 391276.2 2 of 11
d. Street fair;
e. Temporary commercial movie filming in conjunction with motion picture, television program or commercial; and
f. Similar events which the city manager determines to be compatible with the purposes of this chapter, and with the zone and surrounding land uses. (2) Districts zoned for residential use:
a. Community fair in public park;
b. Concert in public park;
c. Parade and other constitutionally protected expression; d. Youth, charitable or nonprofit organization project; e. Yard, estate, moving or garage sale if required a temporary use permit by chapter 5.80 (Yard Sales); and
f. Similar events which the city manager determines to be compatible with the purposes of this chapter, and with the zone and surrounding land uses. (3) Districts zoned for commercial and industrial uses:
a. Auction;
b. Carnival, circus and similar traveling amusement event; c. Christmas tree or pumpkin lot;
d. Local special event sale;
e. Off-road race (check points);
f. Outdoor concert;
g. Outdoor sale in conjunction with a permanent retail facility; h. Parade and other constitutionally protected expression; i. Special event sale;
j. Youth, charitable or nonprofit organization project; and k. Similar events which the city manager determines to be compatible with the purposes of this chapter, and with the zone and surrounding land uses. (4) Any event held on city property or at a city-owned or operated facility, including city parks, public rights-of-way, sidewalks, and parking lots, where alcohol is to be served and consumed.
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SECTION 2. Municipal Code Amendment. Section 9.45.060 of the Municipal Code entitled “Temporary Uses” is hereby revised to provide as follows with additions denoted in underline and deletions in strikethrough:
Sec. 9.45.060. - Imposition of conditions on permit.
(a) The city manager may impose reasonable conditions necessary to mitigate potential adverse impacts of the temporary use permit. These conditions may include any of the following:
(1) Restrictions on the sites used for temporary events so they will not be located in required on-site parking spaces or remove parking necessary to serve adjoining uses required on the day of the event; (2) Requirements for sanitary facilities for all employees, attendants and participants of a temporary use event during its operational hours as approved in accordance with public health standards;
(3) Limitations on temporary uses to their specific zoning districts in which they are listed as permitted;
(4) Limitations on the number of local special event sales and special event sales held within the city by: imposing conditions of approval upon a permit; limiting the total number of such events at a specific location during any calendar year; restricting the location of such events to specific locations that are appropriate for such events or denying the approval of such events where the public interest so requires;
(5) Regulation on the hours of operation and days, including limitation on the duration of a temporary use event to a shorter time period than requested;
(6) Reasonable conditions to accommodate pedestrians or vehicular traffic, including restricting an event to a portion of a street; (7) Requirements for street closure and/or traffic control in accordance with a traffic control plan;
(8) Requirements for first aid or emergency facilities; (9) Compliance with animal protection ordinances and law; (10) Reasonable restrictions on the use of amplified sound; (11) Payment of deposit to ensure proper clean-up of property after 391276.2 4 of 11
cessation of the temporary use;
(12) Compliance with city ordinances in obtaining any required permit or license;
(13) Conditions concerning adequate security for the event; and/or (14) For events which do not involve constitutionally protected expression, the city may require that the applicant provide insurance to indemnify the city and its officers, officials, employees and agents from liability and provide an appropriate level of insurance to protect the city and its officers, officials, employees and agents from liability relating to the temporary use. The applicant shall provide the insurance within the time period specified by the city manager; and/or (15) For events where alcohol is to be served and consumed the applicant shall first do all of the following:
a. Obtain a license from the Bureau of Alcoholic Beverage Control; b. Submit event plans and licenses to the City Manager for review; c. Obtain liquor liability insurance with coverage in an amount to be determined by the City Manager based on the type of event, the location, amount of alcohol to be served, and any other factors the City Manager deems relevant to the risk of damage or harm to the City property, facility or the public;
d. Confer with the Chief of Police to provide security for the event, or submit documentation proving alternative means of providing security; and
e. Comply with all other regulations applicable to the event and any other conditions imposed within the discretion of the City Manager.
(b) Nothing in this section shall be construed to authorize the city manager or the city to impose conditions on the issuance of a temporary use permit that would improperly restrict or would otherwise improperly interfere with constitutionally protected expression. Conditions imposed by the city manager for a permit for constitutionally protected expression shall be limited to those conditions which fully comply with the allowable restrictions on constitutionally protected expression.
SECTION 2. Severability. If any provision, section, subsection, paragraph, sentence, clause, or word of this Ordinance, or the application thereof to any person or circumstance, is rendered or declared invalid or unenforceable by any court of competent jurisdiction, 391276.2 5 of 11
the remaining provisions, sections, subsections paragraphs, sentences, clauses, or words of this Ordinance, and their application to other persons or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.
SECTION 3. Effective Date. This ordinance shall take effect thirty days after adoption as provided by Government Code 36937. The City Clerk shall cause this Ordinance to be published in accordance with California Government Code Section 36933.
SECTION 4. Inconsistencies. Any provision of the City’s Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby modified to the extent necessary to effect the provisions of this Ordinance.
SECTION 5. CEQA. The City Council finds the adoption of this ordinance is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 15061(b)(3) and 15378(b)(5). 15061(b)(2), 15307-15308).
SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the City Council.
PASSED, APPROVED AND ADOPTED this ____ day of _________________, 2025. ________________________________
Timothy Silva, Mayor
ATTEST:
________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
________________________________
Matthew Summers, City Attorney
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I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. ___-2025, which was introduced at a regular meeting of the City Council of the City of Barstow held on the ___ day of __________________, 2025, and adopted at the regular meeting of the City Council of the City of Barstow on the ____ day of ___________2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Andrea Flores, City Clerk