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Home My WebLink AboutAgenda Statement 1984/01/10 Item 10 COUNCIL AGENDA STATEMENT • Item 10 Meeting Date 1/10/84 ITEM TITLE: Ordinance 2061 - Adding a New Section 8.16 .025 to the Chula Vista Municipal Code relating to the Opening of Food or Bever. ge Packages in Food Handling Establishments SECOND READIN5 hANDteDOPTION No x ) SUBMITTED BY: City Attorne Alir- -rder ( This amendment woul• eliminate the requirement that a person needs to replace an open package in order for there to be a violation. RECOMMENDATION: Place Ordinance on Second Reading and Adoption BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Mark Cox noted a discrepancy between the language of the ordinance and the language in the required notice to the public in the ordinance as originally proposed. The language on the sign states that it is unlawful to open a food container prior to purchase. The language in the ordinance states it is unlawful to open the package and replace it on display for sale to others. I believe that Mark Cox's criticism is well taken. If someone opens a package or tampers with a package and is caught, they can make the argument that they had no intention to replace the package. They could further argue that although they are not in compliance with the language on the sign, they did not violate the terms of the ordinance because they had not replaced the package. The purpose of this ordinance is to prohibit people from opening or tampering with packages. This purpose would be better served by deleting the language that requires the element of replacing the package on display for sale to others. Section 2.04. 510 of the Municipal Code allows an ordinance to be amended between the time of its introduction and the time of its final passage providing its general scope and original intention are retained. This amendment would retain the general scope and original intention of the ordinance. FISCAL IMPACT: N/A ' . 4... ,...„,,,....„,t/ Q___. a__., e - . , , „ . , , . , . . , „ . 1. Dc:-'. -/d ,_ff-y-' ,,,, * 1— 3- r , . Form A-113 (Rev. 11/79)