ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE, CALIFORNIA, AMENDING 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 Municipal Code is hereby amended as follows:
“Section 9.04.230 Display and sale of drug paraphernalia.
A. Purpose. Regulating business establishments that display or offer for sale drug paraphernalia is a reasonable and necessary means to protect and promote the general welfare of the children and minors of the City of Riverside exposed to controlled substances. The regulations promote the general welfare and temperance of children and minors and are intended to help reduce the improper consumption and purchase of controlled substances by children and minors by limiting their exposure to drug paraphernalia.
B. Definitions. The following words and phrases, 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 those items identified in that list set forth subparagraph 3 below, shall mean any device designed primarily for use by individuals for the smoking or ingestion of cannabis, hashish, hashish oil, cocaine, or any other "controlled substance," as that term is defined in the Health and Safety Code of the State of California.
2. A device "designed primarily for" the smoking or ingestion set forth subsection B.1 above is a device, which has been fabricated, constructed, altered, adjusted, or marked especially for use in the smoking or ingestion of cannabis, 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 paraphernalia, notwithstanding that it might also be possible to use the device for some other purpose. . . .”
Section 2: Section 9.07.010 of the Riverside Municipal Code is hereby amended as follows:
The City Council finds as follows:
“Section 9.07.010 Findings.
The occurrence of parties, gatherings, or events on private property where alcoholic beverages, cannabis 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 occurrence of such gatherings often fail to take reasonable steps to prevent the consumption of alcoholic beverages, cannabis 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 or other controlled substances are consumed by minors 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 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 finds as follows:
“Section 9.07.020 Authority and purpose.
. . .
The purpose and intent of this chapter is to protect public health, safety, and general welfare of people and premises in the City, including the quiet enjoyment of property by enhancing the ability of law enforcement to deter the consumption of alcohol, cannabis or controlled substances by minors, and reducing the costs of providing police, fire, and code enforcement services to parties, gatherings, or events by requiring hosts, tenants, and property owners to ensure that minors are not consuming alcoholic beverages, cannabis 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, cannabis 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 place or any place open to the public any alcoholic beverage, cannabis, or other controlled substance; or B. Consume at any place that is not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian.” Section 5: Section 9.07.050 of the Riverside Municipal Code is hereby amended as follows:
The City Council finds as follows:
“Section 9.07.050 Hosting, permitting, or allowing a party, gathering, or event where minors consume alcoholic beverages, cannabis or other controlled substances prohibited.
A. Imposition of duty 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 all reasonable steps to prevent the consumption of alcoholic beverages, cannabis or other controlled substance by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages, cannabis or other controlled substances at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting driver's licenses or other government-issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; prohibiting the possession and/or use of cannabis or other controlled substance at the gathering; and supervising the activities of minors at the gathering.
2. It is unlawful for any person having ownership or control of any premises to host, permit, or allow, tacitly or otherwise, a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, cannabis or other controlled substance whenever the person having ownership or control of the premises either knows a minor has consumed an alcoholic beverage, cannabis or other controlled substance or reasonably should have known that a minor consumed an alcoholic beverage, cannabis or other controlled substance, had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage, cannabis or other controlled substance by a minor as set forth in subsection A.1. of this section. . . .”
Section 6: Chapter 9.65 of the Riverside Municipal 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 circulation 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 Council 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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I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced on the _______ day of _______________, 2023, 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 02/06/23
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10 City Attorney’s Office3750 University Ave., STE. 250Riverside, CA 92501(951) 826-5567City Attorney’s Office3750 University Ave., STE. 250Riverside, CA 92501(951) 826-5567 City Attorney’s Office
3750 University Ave., STE. 250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office
3750 University Ave., STE. 250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office3750 University Ave., STE. 250Riverside, CA 92501(951) 826-5567City Attorney’s Office3750 University Ave., STE. 250Riverside, CA 92501(951) 826-5567 City Attorney’s Office
3750 University Ave., STE. 250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office
3750 University Ave., STE. 250
Riverside, CA 92501
(951) 826-5567
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