2022/02/22 City Council Ordinance 958 AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 958.
Ordinance 958, an Ordinance Amending Sections 8.34.140, 8.34.160, 8.34.190 of the
Rohnert Park Municipal Code to Align with Statewide Responsible Beverage Service
Training Requirements and to Update Billing and Reporting Requirements to
Coincide with the City's Fiscal Year was published on 1/28/2022 and 2/11/2022 as
required by law, and posted in five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 1/28/2022 and 2/11/2022.
The summary of Ordinance No. 958 was published in the Community Voice on 1/28/2022 and
2/11/2022 as required by law.
Sylvia opez ue , City Clerk
Subscribed and sworn to before me this March 30, 2022
Elizabeth Machado, Deputy City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 958
ROHNERT PARK
FEB Q S 2021
CITY CLERK
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Summary
of Ordinance No. 958" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s),
commencing on the 28 day of January, 2022 and ending on the 28 day of January, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 28 day of January, 2022 at Rohnert Park, California
Signed
Claudia Smith Chief Clerk
SUMMARY OF PROPOSED DR 1 1: NO.958, AN ORDINANCE AMENDING
4 SECTIONS 8,34.140, 8.34.160, 8.34.190 OF THE ROHNERT PARK MUNICIPAL CODE TO ALIGN WITH
STATEWIDE RESRREEPORTING REQUIREM NTSITO COINCIDE WCE TRAINING ITH TEMENTS AND TO UPDATE BILLING AND
HE CITY'S FISCAL YEAR
Pursuant to section 36933(c) of the GovaMMOM Code, the following constitutes a summary of the ordinance of the City Council of
tire City of Robnert Park introduced on January 25, 2022, and scheduled for consideration of adoption on February 8, 2022at a regular•
meeting to be held via teleconference meeting only (no physical meeting location). The meeting Informatlan will be published online
In the agenda not Iass than 72 hours prior to the meeting at httns:llvrvaw.rec€kv.or clty he ci _ coun II eeti central•
The proposed 0rdinance No.958. It adopted, would amend RPMC Section 8.34.140, remove the City's RBS training requirememfar
on -sale al cob ol€c.business establishment beginning on July 1, 2022, and to impose a €0cal RBS training requlrement on off•aala
alcoholic beverage establishments consistent with the statewide requirement for on -safe establishments under AB 1221 and A13C res.
ulations. The proposed Ordinance would also amend RPMC Saction 8.34.160 to change the data by which the City's Finance Department
must bill alcoholic beverage establishments for annual permit fees from January to July of each year. Lastly, the Proposed Ordinance
would amend RMPC Section 8.34A90 to change the date by which the Department of Pubiic Safety must provide a report to Council
sn the expenditures of the annual alcohol permit fees from the last meeting of March to the last meat€n9 of March to the fast meeting
A August. The proposed amendments to RPMC Sections 8.34.160 and 8.34A90 act to bring the billing and reporting requirements in
Ilno with the CiWs fiscal year.
A copy of the foil text of 0rdinance No. 958 can be reviewed bare: httn:1 cltvofrohnostoark.ha tep.clvicllva.comfcitI hailladmigI
tratEvrVd i clerklnotices a d out�_esmayberqested from the City Clerk.i
SYLVIA LOPEZ CUEVAS
Dated: January 26, 2022 City Clerk
Publish Date: January 28, 2022 " City of Rohnert Park
The Community Voice
-,mm=_n 1-11, k,L p 111�'
NOZ L T 033
CERTIFICATION OF PUBLICATION IN AHVd 1113NHOti
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 958
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Summary
of Ordinance No. 958" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s),
commencing on the 11 day of February, 2022 and ending on the 11 day of February, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 11 day of February, 2022 at Rohnert Park, California
Signed
SUMMARY OF ORDINANCE NO. 958, AN ORDINANCE AMENDING
SECTIONS 8,34.140. 8.34.160, 6.34.190 OF THE ROHNERT PARK MUNICIPAL
CODE TO ALIGN WITH STATEWIDE RESPONSIBLE BEVERAGE SERVICE
TRAINING REQUIREMENTS AND TO UPDATE BILLING AND REPORTING
Claudia Smith Chief Clerk REQUIREMENTS TO COINCIDE WITH THE CITY'S FISCAL YEAR
Pursuant to section 36933(c) of the Government Code, the following constitutes a
summary of the ordlnance of She City Council of the City of Rohnart Park introduced on
January 25, 2022, and adopted an February 9, 2022, at a regular meeting to bo Fold via
teleconference muling only Ino physical meeting location!. Meeting details can be found
on the City's webs] [a at https:11www.rpc1ty.orglcity_halllc4_counciUmeeting_central.
Ordinance No. 958, amends RPMC Section 8.34.140, removes the City's RBS training
requirement for on -sale alcoholic business establishment beginning on July 1, 2022, and
to impose a local RBS training requirement on off -sale alcohalic beverage establlshmems
consistent with the statewide requirement for on -sale establishments under AB 1221 and
ARC regulations. The Ordinance amends RPMC Section 8,34.150 to change the data by
which the City's Finance Department must bill alcoholic beverage establishments for an-
nual permit fees from January to July of nach year. Lastly, the Ordlnance amends RMPC
Section 8.U.190 to change the date by which the Department of Pubilc Safety must pro.
vide a report to Council on the expenditures of the annual alcohol permit fees from the
last meeting of March to the last meeting of March to the last meeting of August. The
amendments to RPMC Secttons 8.34.160 and 8,34,190 act to bring the billing and report.
Ing requirements in line with the City's fiscal year.
A coov of the full text of Ordinance No. 958 can be reviewed here: http;llclwofrohn•
mblfe_notices and available for review at City Hall at 130 Avram Avenue,
California.
AYES: (5) Councllmembers Gtudice, Hollingsworth -Adams & Stafford,
Vice Mayor Linares & Mayor Elward
NOES: 10) None
ABSENT: (0) None
ABSTAIN: (0) None --
SYLVIA LOPEZ CUEVAS
Dated:February 9, 2022 City Clerk
Publish Date: February 11, 2022 City of Rohnert Park
The Community Voice
ORDINANCE NO. 958
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION 8.34.140 (APPLICATION FOR USE PERMIT—FORM AND
CONTENT), SECTION 8.34.160 (BILLING AND PAYMENT),AND 8.34.190 (REPORT
OF EXPENDITURE OF FEES TO BE COLLECTED) OF THE ROHNERT PARK
MUNICIPAL CODE TO ALIGN WITH STATEWIDE RESPONSIBLE BEVERAGE
SERVICE TRAINING REQUIREMENTS AND TO UPDATE BILLING AND
REPORTING REQUIREMENTS TO COINCIDE WITH THE CITY'S FISCAL YEAR
WHEREAS, the City of Rohnert Park is a municipal corporation empowered through its
police powers to regulate alcohol use, sale, and consumption, to the extent such local regulations
do not conflict with applicable state law; and
WHEREAS, consistent with that authority, Rohnert Park Municipal Code section
8.34.140 requires sellers and servers of alcoholic beverages employed with an alcoholic beverage
establishments to complete an in-person training course in"responsible beverage service"
("RBS") within sixty days of hire and shall renew certification every three years from the date of
last training; and
WHEREAS, Rohnert Park Municipal Code section 8.34.010 includes definitions of
relevant phrases, including a definition of"Alcoholic beverage establishment," which includes
off-sale and on-sale alcoholic beverage establishments; and
WHEREAS, Rohnert Park Municipal Code section 8.34.140 also imposes liability on
businesses found to have employees working as a seller or server in violation of the RBS training
requirement; and
WHEREAS,the City of Rohnert Park Department of Public Safety has historically
provided in-person RBS courses to sellers and servers of alcoholic beverages in the City; and
WHEREAS, in 2017, the California state Legislature passed Assembly Bill 1221 ("AB
1221) imposing a statewide RBS training requirement; and
WHEREAS, AB 1221 empowers the California Department of Alcoholic Beverage
Control ("ABC")to create and administer a statewide RBS training program; and
WHEREAS, since AB 1221's adoption, the ABC has developed and adopted guidelines
to enforce the new statewide RBS training requirement,which only impose the requirement on on-
sale licensees (i.e. those businesses that serve alcohol for consumption on the premises); and
WHEREAS, due to the COVID-19 epidemic, the state Legislature adopted AB 82 which
extended the date for compliance with AB 1221 requirements from July 1, 2021 to July 1, 2022;
and
WHEREAS,in anticipation of the July 1,2022 enforcement date and to ensure compliance
with AB 1221, the City Council of the City Rohnert Park desires to amend the Rohnert Park
Municipal Code to align with RBS training requirements in state law, and to ensure that the RBS
training requirement is similarly observed by off-sale licensees in the City of Rohnert Park; and
1
WHEREAS, Rohnert Park Municipal Code section 8.34.160 requires annual permit fees
imposed on alcoholic beverage establishments be to be billed by the City of Rohnert Park's
Finance Department on the first day of January; and
WHEREAS, the City now desires to update the date in Rohnert Park Municipal Code
section 8.34.160 to correspond to the City's fiscal year, such that all billing shall be completed by
the first day of July, rather than January; and
WHEREAS, Rohnert Park Municipal Code section 8.34.190 currently requires staff to
submit a report on the expenditures of the total annual alcohol permit fees collected to the City
Council no later than the last meeting of March; and
WHEREAS, to correspond to the change in section 8.34.160, the City now desires to
change the deadline for the reporting requirements from the last meeting of March to the last
meeting of August of each calendar year.
NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
Section 2. Amendment of Section 8.34.140—Section 8.34.140 of the Rohnert Park
Municipal Code is hereby amended to read in its entirety as follows:
8.34.140—Training requirements for alcoholic beverage establishments.
A. Training.
1. Prior to July 1, 2022, all sellers/servers of alcoholic beverages shall complete a
Responsible Beverage Training Course, administered by a program that has been certified
by the California Department of Alcoholic Beverage Control, within 60 days of hire.
2. Beginning July 1, 2022, all sellers/clerks of alcohol employed at off-sale
alcoholic beverage establishments are required to take and complete a Responsible
Beverage Training Course, administered by a program that has been certified by the
California Department of Alcoholic Beverage Control within 60 days of commencing
employment or, if already employed by or on July 1, 2022, within 60 days of July 1,
2022. Certifications shall be valid for a period of three years from the date of issuance.
B. Employer Responsibility. Prior to July 1, 2022, all alcoholic beverage establishments
found to have employees working as a seller/server or clerk in violation of the training
requirements of this section 8.34.140 will be subject to penalty in accordance with
Section 8.34.210. Beginning July 1, 2022, this subsection is applicable only to off-sale
alcoholic beverage establishments.
Section 3. Amendment of Section 8.34.160—Section 8.34.160 of the Rohnert Park
Municipal Code is hereby amended to read in its entirety as follows:
8.34.160—Billing and Payment
2
All annual permit fees imposed on an alcoholic beverage establishment operating under a
use permit issued in the manner provided for by this chapter and "deemed approved"
establishments shall be billed by the finance department on or before the first day of July
of each year. The fee is due and payable immediately upon receipt, and will be deemed
delinquent if not paid within thirty days of the bill's mailing.
Section 4. Amendment of Section 8.34.190 - Section 8.34.190 of the Rohnert Park
Municipal Code is hereby amended to read in its entirety as follows:
A. Not later than the last meeting of August in each calendar year, the enforcement
officer shall submit to the city council a report on the expenditures of the total of annual
alcohol permit fees collected.
B. The report shall set forth such matters as:
1.The prioritization of problems regarding enforcement of the performance standards,
conditions and regulations as set forth in this chapter related to the operation of licensed
alcohol establishments in the City of Rohnert Park.
2.Methods of mitigating such problems, through prevention, education and enforcement
of the performance standards, conditions and regulations.
3.The specific allocation of the fees to be collected to activities described in the report.
Section 5. Environmental Review. The City Council finds the approval of this
ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen
with certainty that there is no possibility that the adoption of this ordinance may have a
significant effect on the environment.
Section 6. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 7. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 8. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on January 25,2022 and adopted by the Council of the City
of Rohnert Park on February 8, 2022, by the following roll call vote:
AYES:(AC Vn 4I1^Ao u'S await."... Nol, �tnyswor -a m aas,StaF4orel, \Act. ►..larior Unares,t-k r Elm d
�
NOES: t.lont
ABSENT: Wont-
3
ABSTAIN: or
CITY OF ROHNERT PARK
c ie Elwar
ATTEST:
Sylvia Lopez C as, City Clerk
APP OVED A O FO
{
ILI
M helle Marchetta Kenyon, City Attorney
4