File #: O-6-15    Version: 1 Name:
Type: Ordinance Status: Withdrawn
File created: 2/2/2015 In control: City Council
On agenda: 2/9/2015 Final action: 2/9/2015
Title: ALCOHOLIC BEVERAGES - Doors, Entrances & Exits - For the purpose of removing the requirement that all licensed establishments must keep their doors, entrances and exits closed at all times pursuant to Chapter 7.12 of the Annapolis City Code.
Sponsors: Joe Budge
Indexes: Alcoholic Beverage Control Board, Economic Matters Committee
Attachments: 1. O-6-15 ABCB Open Door Policy.pdf, 2. O-6-15 Staff Report.pdf
Title
ALCOHOLIC BEVERAGES - Doors, Entrances & Exits - For the purpose of removing the requirement that all licensed establishments must keep their doors, entrances and exits closed at all times pursuant to Chapter 7.12 of the Annapolis City Code.
Body
 
CITY COUNCIL OF THE
City of Annapolis
 
Ordinance 6-15
 
Sponsored by: Alderman Budge
 
Referred to
Economic Matters Committee
Alcoholic Beverage Control Board
 
An ORDINANCE concerning
 
ALCOHOLIC BEVERAGES - Doors, Entrances & Exits
 
FOR      the purpose of removing the requirement that all licensed establishments must keep their doors, entrances and exits closed at all times pursuant to Chapter 7.12 of the Annapolis City Code.
 
BY      repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2013 Edition
      Section 7.12.340.
 
WHEREAS      On July 1, 2012, the State of Maryland passed an Act concerning the operation of food service facilities with open outer windows and doors. Code, Md. Code Ann., Health-Gen. ยง 21-324.1.
 
WHEREAS      The law in Maryland concerning operation of food service facilities with open outer windows and doors is that a food service facility may operate with the outer windows or outer doors open unless, while the food service facility is operating with the outer doors or outer windows open, the local health department: (1) finds evidence of vermin in food preparation or food storage areas; or (2) finds evidence of flying insects in food preparation or food storage areas that pose a significant threat to sanitation or public health.
 
WHEREAS      If a local health department finds that a food service facility is operating in violation of this law, the food service facility shall take immediate action to eliminate the vermin or flying insects.
 
WHEREAS      A local health department is authorized to close a food service facility found to be operating in violation of the law, or to order a temporary closure of the outer windows and outer doors at the food service facility, until the vermin or flying insects have been eliminated from the food preparation or food storage areas.
 
      SECTION I:      BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
 
CHAPTER 7.12 - ALCOHOLIC BEVERAGES
 
7.12.340 - Music - ExitsConsumption on Premises - Dress codes.
 
Each alcoholic beverage licensee shall observe the following rules:
 
A.      All mechanical, electronic, live or other music within a licensed premises shall cease fifteen minutes prior to the closing hour as designated for the class license except that establishments holding class C and class F licenses shall cease no later than two a.m.
 
B.      Appropriate sound suppression techniques shall be employed to ensure that noise or sounds of music originating within a structure are not audible off the premises upon which the structure is located.
C.      No mechanical, electronic, live or other music shall be played or performed on the exterior portion of a licensed premises without the express approval of the Alcoholic Beverage Control Board and except upon compliance with conditions specified by the board.
D.      An alcoholic beverage served within a structure on the licensed premises shall be consumed solely within that structure. An alcoholic beverage served within an approved exterior portion of the licensed premises shall be consumed solely within the approved exterior portion of the licensed premises or within a structure on the premises.
E.      The use of all live music or entertainment shall be posted or listed with the City Clerk; provided, that this rule does not apply to nonprofit organizations organized and operated exclusively for educational, social, fraternal, charitable, civic, political, patriotic or athletic purposes.
F.      All doors, entrances and exits must be closed at all times. This provision does not apply to class A licenses.
G.      All dress codes shall be posted.
 
SECTION  II:      AND  BE  IT  FURTHER  ESTABLISHED  AND  ORDAINED  BY THE ANNAPOLIS CITY COUNCIL that this Ordinance shall take effect from the date of its passage.
 
 
 
EXPLANATION
CAPITAL LETTERS indicate matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments