Delano Municipal Code Ch. 9.20 Alcoholic Beverages

The sale, serving or consumption of alcoholic beverages is prohibited:

A. In or upon any street, sidewalk, alley or public parking lot unless authorized, by permit, by the city council;

B. In all parks within the city, except memorial park unless authorized, by permit, by the city council;

C. Upon the private property of another without the permission of the person in legal possession of the private property;

D. Upon the property of the North Kern Cemetery District.

(Ord. 924 (part), 1991: Ord. 888 (part), 1989).

(Ord. No. 2022-1338, § 2, 11-7-2022)

The city manager or the designated representative may, by permit, authorize sale of alcoholic beverages in areas prohibited by Section 9.20.010 in conjunction with special events held in the city.

(Ord. 924 (part), 1991: Ord. 888 (part), 1989).

A. Any person applying for an alcoholic sales permit shall file an application for such permit with the city manager on a form furnished by the city. Such application, fully completed and signed, must be filed no less than fifteen days nor more than thirty days prior to the time of the proposed use.

B. The applicant for the city's alcohol sales permit must obtain all other applicable permits from the city, county and state or authorized local agency in order to sell alcohol in the city.

C. A fee to be paid by the applicant for the alcohol sales permit shall be established by the city council by resolution.

(Ord. 1117 §1(part), 2004; Ord. 924 (part), 1991: Ord. 888 (part), 1989).

A. Before an application for an alcohol sales permit is approved, proof of insurance shall be submitted to the city.

B. The policy or policies shall name the city as coinsured and cover the following hazards and the following minimum amounts:

1. Bodily injury or death liability: one hundred thousand dollars each person, one million dollars each occurrence;

2. Property damage liability: fifty thousand dollars.

C. The city manager or the designated representative may also require a bond and/or deposits, if deemed necessary.

D. Each permittee shall keep and hold harmless the city from any and all claims, demands and causes of action which may be asserted, maintained or established against the city and/or any of its officers, agents or employees, for death, personal injury or property damage suffered or claimed to have been suffered by any person arising out of the use of the alcohol sales permit.

(Ord. 924 (part), 1991: Ord. 888 (part), 1989).

The city manager or the designated representative may deny the application if they find that any of the following conditions exist:

A. When the applicant refuses to agree in writing to comply with all conditions and requirements of this chapter, with all regulations adopted pursuant thereto, and with all applicable law;

B. When the applicant fails to file a timely application, unless waived by the city manager or the designated representative;

C. When the applicant fails to tender the full amount of any required fee or deposit;

D. When the required insurance policy or certificate of such insurance coverage is not provided;

E. When the applicant has had prior permit revoked pursuant to Section 9.20.060;

F. When the issuance of such permit would endanger or jeopardize the health, safety or general welfare of the public.

(Ord. 924 (part), 1991: Ord. 888 (part), 1989).

The alcohol sales permit may be revoked by any duly authorized law enforcement officer or his representative if:

A. The permit holder violates any city or county ordinance or state law; or

B. The permit holder fails to comply with any regulations or conditions issued with the permit.

(Ord. 924 (part), 1991: Ord. 888 (part), 1989).

A. The consumption of alcoholic beverages may be authorized, in areas otherwise prohibited by Section 9.20.010 of this chapter, by the city manager or the designated representative in conjunction with special events held in the city, or in conjunction with reservation and rental of a picnic shelter. When authorized, consumption is strictly limited to members or invitees of the applicant and to the immediate area of the shelter.

B. A fee for such a permit shall be set by resolution of the city council and paid by the applicant.

(Ord. 1117 §1(part), 2004; Ord. 924 (part), 1991: Ord. 888 (part), 1989).