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CDG/fm 10/19/79 ORDINANCE NO. NS-1508 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 2-743 OF THE SANTA ANA MUNICIPAL CODE SO AS TO AUTHORIZE THE DIRECTOR OF RECREATION AND PARKS TO GRANT PERMISSION FOR THE SALE AND CONSUF~PTION OF BEER AT EDDIE WEST FIELD - SANTA ANA STADIUM, AND TO DESIGNATE THE CITY MANAGER AS HEARING OFFICER IN DISPUTES ARISING THEREFROM. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 2-743 of the Santa Ana Municipal Code, is hereby amended to read as follows: No intoxicating liquor shall be sold or consumed upon the premises known as the Eddie West Field-Santa Ana Stadium except with the express written consent of the Director of Recreation and Parks. The Director of Recrea- tion and Parks may grant such consent, but only for the sale and consumption of beer for adult events. An event may be deemed an "adult event" if the predominate age of the audience can reasonably be expected to exceed 21 years. No such consent shall be given whenever (1) the sponsor of the event does not desire the sale and consumption of beer at the event; or (2) the event is sponsored by any school; or (3) the event is of a religious nature; or (4) the event is in the nature of a youth event, including, but not limited to, concerts and youth athletic events where the predominate audience age is less than 21 years or the predominate age of athletes or other participants is less than 21 years. Any agreement between the City and a stadium concessionaire which allows such concessionaire to sell refreshments but prohibits sale of alcoholic beverages shall not prohibit such concessionaire from selling beer when permission for sale and consumption of beer has been granted to a user of the stadium, provided such concessionaire complies with the terms and limitations of the permission granted to such user. In the event of any dispute or disagreement concerning the granting of consent for the sale and consumption of beer in Eddie West Field-Santa Aha Stadium, the City Manager shall act as hearing officer and shall act solely upon the basis of the foregoing standards. The hearing and appeal provisions of Chapter 3 shall not apply, and the determination of the City Manager shall be final. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the de- cision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.