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CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RIVERSIDE, CALIFORNIA, AME NDING CHAPTERS 9.04 AND 9.07, AND DELETING CHAPTER 9.65 OF THE RIVERSIDE MUNICIPAL
CODE.
The City Council of the City of Riverside does ordain as follows:
Section 1: Section 9.04.230 of the Riverside Muni cipal Code is hereby amended as follows:
“Section 9.04.230 Display and sale of drug paraphernalia.
A. Purpose. Regulating business establishm ents that display or offer for sale drug paraphernalia is a reasonable and neces sary means to protect a nd promote the general welf are of the children and minors of the City of Riverside exposed to controlled subs tances.illegal drugs. The regulations promote the general welfare and temperance of children and minors and are intended to help reduce the improper illegal consumption and purchase of controlled substances illegal drugs by children and minors by limiting their exposure to drug paraphernalia.
B. Definitions. The following words and ph rases, whenever used in this section, shall be construed as defined in this section.
1. Drug paraphernalia , including but not limited to one or more of th ose items identified in that list set forth subparagra ph 3 below, shall mean any devi ce designed primarily for use by individuals for the smok ing or ingestion of cannabismarijuana , hashish, hashish o il, cocaine, or any other "controlled substance, " as that term is defined in the Heal th and Safety Code of the State of California.
2. A device "designed primarily for" th e smoking or ingestion set fo rth subsection B.1 above is a device, which has been fabricated, constructed, alte red, adjusted, or marked especially for use in the smoking or ingestion of cannabismarijuana , hashish, hashish oil, cocaine, or any other "controlled substance," and is peculiarly adapted to that purpose by virtue of a distinctive feature or combination of features associated with drug para phernalia, notwithstanding that it migh t also be possible to use the device for some other purpose.
. . .”
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 2: Section 9.07.010 of the Riverside Municipal Code is hereby amended as follows:
The City Council fi nds as follows:
“Section 9.07.010 Findings.
A. The occurrence of parties, gatherings, or ev ents on private property where alcoholic beverages, cannabismarijuana or other controlled substances are consumed by minors, are harmful to the minors themselves and a threat to public health, safety, quiet enjoyment of property, and general welfare.
. . .
C. Persons responsible for the occu rrence of such gather ings often fail to ta ke reasonable steps to prevent the consumption of alcoholic beverages, cannabis marijuana or other controlled substances by minors at these gatherings.
D. The ability of police officers to control gatherings on private property where alcoholic beverages, cannabis marijuana or other controlled substances ar e consumed by min ors is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public.
E. Gatherings involving consumption of alcohol, cannabis marijuana or other controlled substances by minors, as defined by this chapter, are unlawful and constitute a public nuisance pursuant to state law and the provisions of this Code.
. . .”
Section 3: Section 9.07.020 of the Riverside Municipal Code is hereby amended as follows:
The City Council fi nds as follows:
“Section 9.07.020 Authority and purpose.
. . .
B. The purpose and intent of this chapter is to pr otect public health, safety, and general welfare of people and premis es in the City, incl uding the quiet enjoyment of property by enhancing the ability of law enforcemen t to deter the consumption of alcohol, cannabis marijuana or controlled substances by minors, and reducing the costs of providing police, fire, and code enforcement services to parties, gatherings, or events by requirin g hosts, tenants, and property
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
owners to ensure that minors are not consuming alcoholic beverages, cannabismarijuana or other controlled substances.”
Section 4: Section 9.07.040 of the Riverside Municipal Code is hereby amended as follows:
“Section 9.07.040 Consumption of alcohol, cannabismarijuana or other controlled substance by minors prohibited in public place, place open to public, or place that is not open to public.
Except as permitted by State law, it is unlawful for any minor to:
A. Consume at any public plac e or any place open to the public any alcoho lic beverage, cannabismarijuana , or other controlled substance; or
B. Consume at any place that is not open to the publi c any alcoholic beverage, unless in connection with the consumption of the alcoholic beve rage that minor is bein g supervised by his or her parent or le gal guardian.”
Section 5: Section 9.07.050 of the Riverside Municipal Code is hereby amended as follows:
The City Council fi nds as follows:
“Section 9.07.050 Hosting, permitting, or allowing a party, gathering, or event where minors consume alcoholic beverages, cannabismarijuana or other controlled substances prohibited.
A. Imposition of du ty and violation .
1. It is the duty of any person having ownership or control of any premises, who hosts, permits, or allows a gathering at said premises to take al l reasonable steps to pr event the consumption of alcoholic beverages, cannabismarijuana or other controlled substance by any minor at the gathering.
Reasonable steps are controlling access to alcoho lic beverages, cannabismarijuana or other controlled substances at the gathering; cont rolling the quantity of alcoholic beverages present at the gathering; verifying the age of pe rsons attending the gath ering by inspecting driver's licenses or other government-issued id entification cards to ensure that minors do not consume alcoholic beverages while at the gathering; prohi biting the possession and/or use of cannabis marijuana or other controlled substance at the gathering; and supe rvising the activities of mi nors at the gathering.
2. It is unlawful for an y person having ownership or control of any premises to host, permit, or allow, tacitly or otherwis e, a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, cannabismarijuana or other controlled s ubstance whenever the person having ownership or control of the premises either knows a minor has consumed an alcoholic
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
beverage, cannabismarijuana or other controlled subs tance or reasonably sh ould have known that a minor consumed an alcoholic beverage, cannabismarijuana or other controlled substance, had the person taken all reasonable steps to preven t the consumption of an alcoholic beverage, cannabismarijuana or other controlled substance by a minor as set forth in subsec tion A.1. of this section.
. . .”
Section 6: Chapter 9.65 of the Riverside Municipa l Code entitled “Mobile Marijuana Dispensaries” is deleted in its entirety.
Section 7: The City Council has reviewed the matter and, based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to CEQA pursuant to Section 15061(b)(3) (General Rule), as it can be seen with certainty that approval of the project will not have an effect on the environment.
Section 8: The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circ ulation in accordance with Section 414 of the Charter of the City of Riverside. This ordinance shall become effective on the 30th day after the date of its adoption.
ADOPTED by the City Counc il this _________ day of _____________, 2022.
___________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
_____________________________
DONESIA GAUSE
City Clerk of the City of Riverside
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced and adopted at a meeting of the City Council on the _______ day of _______________, 2023, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2023.
_________________________________
Donesia Gause
City Clerk of the City of Riverside
22-2104 01/21/23
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