HomeMy WebLinkAbout7/6/2016 - STAFF REPORTS - 5.D. �o 9ALMS..
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FORN�P CITY COUNCIL STAFF REPORT
DATE: July 6, 2016 NEW BUSINESS
SUBJECT: CONSIDER ADOPTING A LOCAL ORDINANCE OR RESOLUTION
ALLOWING CONSUMPTION OF ALCOHOLIC BEVERAGES ON BOARD
PEDICABS AS DEFINED BY SENATE BILL 530.
FROM: David H. Ready, City Manager
BY: Community & Economic Development Department
SUMMARY
SB 530, approved by Governor Brown on October 4, 2015, expands the definition of
pedicab vehicles, and imposes a state mandated local program. The bill authorizes
local jurisdictions to adopt by ordinance or resolution regulations for pedicab operators
that allow passenger alcohol consumption.
Operators of pedal-powered passenger vehicles (pedicabs) are requesting that the City
Council review, discuss, and consider adopting a local ordinance allowing consumption
of alcoholic beverages onboard their vehicles as defined by SB 530.
RECOMMENDATION:
Discuss and provide staff direction regarding a request from two business owners to
prepare an ordinance permitting consumption of alcohol by passengers on pedicabs.
STAFF ANALYSIS:
The City of Palm Springs has two businesses operating pedal-powered multi-passenger
vehicles (pedicabs). Both businesses focus on tourism and convention markets, and
have modeled their business practices on established programs in areas such as
Austin, Sacramento and Minneapolis. Both operators encourage and provide an eco-
friendly outdoor experience along city streets. The operators have requested that the
City Council review SB 530 to consider a local ordinance or resolution that would allow
their passengers to consume alcohol onboard the pedicab vehicles.
ITEM NO. '/
City Council Staff Report
July 6, 2016 -- Page 2
SB 530—Consumption of alcohol on pedicabs
Senate Bill 530 establishes requirements for pedicabs that allow passengers to
consume alcohol until January 1, 2020. The bill also amends the definition of
"pedicabs" to include a four-wheeled device that is primarily or exclusively pedal-
powered and has a seating capacity for eight or more passengers, does not travel in
excess of 15 miles per hour, and is used for transporting passengers for hire.
Article 4.5 Chapter 1 of Division 11 of the Vehicle Code - Operation of Pedicabs,
Sections 21215 (1) through (9) outline requirements an operator is subject to within the
applicable local jurisdiction. These requirements are generally related to seating
capacity, age requirements of operator, and safety, such as seat belts, seat backs,
brakes, and lights. This section also addresses insurance requirements, inspection
fees, posted speed limit restrictions, and annual reporting to the Department of the
California Highway Patrol about accidents caused or experienced by the pedicabs.
Section 21215.2 (a) defines the requirements an operator is subject to if alcoholic
beverages are consumed onboard the pedicab. The first requirement states, "The
consumption of alcoholic beverages onboard the pedicab shall be authorized by local
ordinance or resolution." This section also includes requirements pertaining to
education and safety training implemented by the Department of Alcoholic Beverage
Control. It also states, "Alcoholic beverages shall not be provided by the operator or
onboard safety monitor or any employee or agent of the operator or onboard safety
monitor of the pedicab. All alcoholic beverages may only be supplied by the passengers
of the pedicab. All alcoholic beverages supplied by passengers of the pedicab shall be
in enclosed, sealed, and unopened containers that have been labeled pursuant to
Chapter 13 (commencing with Section 25170) of Division 9 of the Business and
Professions Code prior to their consumption onboard the pedicab. Alcoholic beverages
may be consumed by a passenger only while he or she is physically onboard and within
the pedicab, and all passengers must be 21 or older if alcohol is consumed while the
vehicle is in operation." Open container laws still apply and any passenger who sets foot
in the public right-of-way while holding an open container of alcohol can still be cited.
Section 21215.5 does not preclude a local authority from imposing more stringent
operating or equipment requirements on a pedicab.
It was not possible to contact all cities in the State, but the Palm Springs Police
Department did consult a few cities about their stance on SB 530. The Cities of San
Diego and Santa Monica have elected not to allow alcohol onboard the pedicab
vehicles. Long Beach has not looked into the matter because they have not received a
request to do so. The City of Sacramento recently amended their existing ordinance to
allow alcohol consumption on 4-wheeled pedicab vehicles. The code change prohibits
alcohol consumption for the traditional single operator pedicabs. It also prohibits hard
alcohol consumption, but allows up to 36 oz. of beer or 18 oz. of wine per passenger.
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City Council Staff Report
July 6, 2016 -- Page 3
SB 530—Consumption of alcohol on pedicabs
The City does not have an ordinance for general pedicab operations. The City's current
pedicab decal application imposes some of the requirements that are generally outlined
in Section 21215 (1) to (9), with the exception of reporting to the Department of
California Highway Patrol.
The decision to allow consumption of alcohol onboard pedicabs would likely enhance
the festive atmosphere of the experience and increase sales for the business operators,
but must be weighed against safety concerns stemming from pedicab riders being
under the influence of alcohol.
FISCAL IMPACT:
None identified at this time.
Cathy Van H rn Lauri Aylaian, Director
Economic Development Administrator Community & Economic Development
David H. Ready, Esq. ty Manager
Attachments:
SIB 530
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STATEOf C>LI FOIW IA
aU gHENTIICA EE2
Senate Bill No.530
CHAPTER 496
An act to amend Sections 467.5 and 23229 of, and to add Article 4.5
(commencing with Section 21215) to Chapter 1 of Division 11 of, and to
repeal Section 21215.2 of,the Vehicle Code,relating to vehicles.
[Approved by Governor October 4,2015.Filed with
Secretary of State October 4,2015.]
LEGISLATIVE COUNSEL'S DIGEST
SB 530,Pan.Pedicabs.
Existing law generally regulates the operation of bicycles, including,
among other things, providing that a person operating a bicycle on the
highway has all the rights and is subject to all the provisions applicable to
the driver of a vehicle, including a prohibition against operating a bicycle
while under the influence of an alcoholic beverage or any drug. These
provisions also apply to a pedicab,as defined.A violation of the provisions
regulating the operation of a bicycle or pedicab is an offense.
This bill would expand the definition of a pedicab to include a 4-wheeled
device that is primarily or exclusively pedal-powered,has a seating capacity
for 8 or more passengers,cannot travel in excess of 15 miles per hour, and
is being used for transporting passengers for hire, as prescribed. The bill
would impose specified requirements on these pedicabs defined by the bill,
relating to, among other things, a maximum seating capacity for 15
passengers, local authorization to operate, operator qualifications and
training, safety equipment, inspections, financial responsibility, reporting
of accidents to the Department of the California Highway Patrol,the loading
and unloading of passengers, and general operation of pedicabs. The bill
would,until January 1,2020,establish requirements for pedicabs that allow
passenger alcohol consumption. Because a violation of these provisions
would be a crime,this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows.•
SECTION 1. Section 467.5 of the Vehicle Code is amended to read:
467.5. "Pedicab"means any of the following:
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(a) A bicycle that has three or more wheels,that transports,or is capable
of transporting,passengers on seats attached to the bicycle,that is operated
by a person,and that is being used for transporting passengers for hire.
(b) A bicycle that pulls a trailer,sidecar,or similar device,that transports,
or is capable of transporting, passengers on seats attached to the trailer,
sidecar, or similar device, that is operated by a person, and that is being
used for transporting passengers for hire.
(c) A four-wheeled device that is primarily or exclusively pedal-powered,
has a seating capacity for eight or more passengers,cannot travel in excess
of 15 miles per hour,and is being used for transporting passengers for hire.
A pedicab defined under this subdivision is subject to the requirements of
Article 4.5(commencing with Section 21215)of Chapter 1 of Division 11.
SEC. 2. Article 4.5 (commencing with Section 21215) is added to
Chapter 1 of Division I 1 of the Vehicle Code,to read:
Article 4.5. Operation of Pedicabs
21215. (a) A pedicab defined in subdivision(c)of Section 467.5 shall
operate subject to all of the following requirements:
(1) The pedicab shall have a seating capacity for not more than 15
passengers.
(2) The pedicab shall be authorized by local ordinance or resolution to
operate within the applicable local jurisdiction-
(3) The operator of the pedicab shall be at least 21 years of age, with a
valid California driver's license.
(4) The pedicab shall be equipped with seatbelts for all passengers,seat
backs, brakes, reflectors, headlights, and grab rails. The pedicab shall be
inspected annually for compliance with the requirements of this paragraph
by an entity designated by the local jurisdiction that authorized the pedicab
to operate.The entity may charge a reasonable fee to cover the costs of the
inspection.A pedicab that does not meet these requirements shall meet these
requirements by January 1,2017, in order to continue operation.
(5) The operator of the pedicab shall at all times be able to establish
financial responsibility in a minimum amount of one million dollars
($1,000,000) general liability insurance coverage and an additional five
hundred thousand dollars($500,000)general umbrella insurance that covers
the pedicab. The local jurisdiction that authorized the pedicab to operate
may require additional proof of financial responsibility.
(6) A pedicab shall not operate on any highway under the jurisdiction of
the local authority unless authorized by resolution or ordinance.A pedicab
shall not operate on any freeway and shall not operate on any highway with
a posted speed limit in excess of 30 miles per hour, except to cross the
highway at an intersection.
(7) The operator of the pedicab shall annually report to the Department
of the California Highway Patrol, commencing on January 1, 2016, any
accidents caused or experienced by the pedicabs.
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(8) The pedicab shall not load or unload passengers on roadways or in
the middle of highways.
(9) Pedicabs shall be operated as close as practicable to the right-hand
curb or edge of the roadway, except when necessary to overtake another
vehicle,to avoid a stationary object,or when preparing to make a left turn.
(b) This article only applies to pedicabs defined by subdivision (c) of
Section 467.5,and does not apply to pedicabs defined in subdivision(a)or
(b)of Section 467.5.
21215.2. (a) If alcoholic beverages are consumed on board the pedicab,
a pedicab defined in subdivision (c) of Section 467.5 shall additionally
operate subject to all of the following requirements:
(1) The consumption of alcoholic beverages onboard the pedicab shall
be authorized by local ordinance or resolution.
(2) An onboard safety monitor who is 21 years of age or older shall be
present whenever alcohol is being consumed by passengers during the
operation of the pedicab.The onboard safety monitor shall not be under the
influence of any alcoholic beverage and shall be considered as driving the
pedicab for purposes of Article 2 (commencing with Section 23152) of
Chapter 12 of Division 11 during the operation of the pedicab.
(3) Both the operator and safety monitor shall have completed either the
Licensee Education on Alcohol and Drugs(LEAD)program implemented
by the Department of Alcoholic Beverage Control or a training course
utilizing the curriculum components recommended by the Responsible
Beverage Service Advisory Board established by the Director of Alcoholic
Beverage Control.
(4) Alcoholic beverages shall not be providedby the operator or onboard
safety monitor or any employee or agent of the operator or onboard safety
monitor of the pedicab.Alcoholic beverages may only be supplied by the
passengers of the pedicab.All alcoholic beverages supplied by passengers
of the pedicab shall be in enclosed, sealed, and unopened containers that
have been labeled pursuant to Chapter 13(commencing with Section 25170)
of Division 9 of the Business and Professions Code prior to their
consumption on board the pedicab.
(5) Alcoholic beverages may be consumed by a passenger of the pedicab
only while he or she is physically on board and within the pedicab.
(6) All passengers shall be 21 years of age or older if alcohol is consumed
during the operation of the pedicab.
(7) For purposes of this subdivision, passengers who are pedaling the
device are not operators.
(b) A license or permit from the Department of Alcoholic Beverage
Control shall not be required of the operator or onboard safety monitor,so
long as neither they, nor their employees or agents sell, serve, or famish
any alcoholic beverage to any passenger.
(c) For purposes of this section, "alcoholic beverage" has the same
meaning as defined in Section 23004 of the Business and Professions Code.
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(d) This section shall remain in effect only until January 1,2020,and as
of that date is repealed,unless a later enacted statute,that is enacted before
January 1,2020,deletes or extends that date.
21215.5. This article does not preclude a local authority from imposing
more stringent operating or equipment requirements on a pedicab subject
to this article.
SEC.3. Section 23229 of the Vehicle Code is amended to read:
23229. (a) Except as provided in Section 23229.1,Sections 23221 and
23223 do not apply to passengers in any bus,taxicab,or limousine for hire
licensed to transport passengers pursuant to the Public Utilities Code or
proper local authority,the living quarters of a housecar or camper, or of a
pedicab operated pursuant to Article 4.5(commencing with Section 21215)
of Chapter 1.
(b) Except as provided in Section 23229.1,Section 23225 does not apply
to the driver or owner of a bus, taxicab, or limousine for hire licensed to
transport passengers pursuant to the Public Utilities Code or proper local
authority, or of a pedicab operated pursuant to Article 4.5 (commencing
with Section 21215)of Chapter I.
SEC.4. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because the only costs that
may be incurred by a local agency or school district will be incurred because
this act creates a new crime or infraction,eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code,or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
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