HomeMy WebLinkAbout86-02 Concerning Prohibition Against Concurrent Sale of Alcoholic Beverages and Motor Vehicle FuelORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, CONCERNING PROHIBI-
TION AGAINST CONCURRENT SALE OF ALCOHOLIC BEV-
ERAGES AND MOTOR VEHICLE FUEL.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
1. The City Council finds and declares as follows:
a. Concurrent sales of alcohol and motor vehicle fuel increases
the likelihood of driving under the influence of alcohol which in turn ser-
iously threatens the safety of pedestrians and vehicular passengers on the
streets of the City.
b. There is substantial correlation between traffic accidents and
the consumption of alcohol. A restriction against the concurrent sale of
alcohol and motor vehicle fuel at service stations or convenience food
stores (commonly known as mini markets) will diminish the probability of
traffic accidents from, or connected with, driving under the influence of
alcohol.
Accordingly, the City Council of the City of Costa Mesa hereby amends
Title 13 of the Costa Mesa Municipal Code as hereinafter set forth:
SECTION 2.
1. Reserve Section 13-874.
2. Add Chapter XIII, Article 4 to read as follows:
ARTICLE 4. PROHIBITION AGAINST CONCURRENT SALE OF ALCOHOLIC BEV-
ERAGES AND MOTOR VEHICLE FUEL.
3. Add Section 13-875 to read as follows:
13-875. Prohibition.
It shall be unlawful to sell any alcoholic beverage on the same
building site where motor vehicle fuel is sold, except where the dispensing
and sale of motor vehicle fuel is separated by at least three hundred (300)
feet from the building where alcoholic beverages are sold.
4. Add Section 13-876 to read as follows:
13-876. Existing uses.
Any business authorized to sell motor vehicle fuel in conjunction
with the sale of alcoholic beverages prior to the adoption of this ordinance
may continue the sale of alcoholic beverages subject to the following:
1. If the sale of alcoholic beverages is discontinued for a period
of 60 consecutive days, such sales shall not be resumed and are unlawful.
2. After sixty days from the adoption of this ordinance, it shall
be unlawful for any such business to display on-site any sign, whether or
not visible from off-site, advertising alcoholic beverages.
3. After sixty days from the adoption of this ordinance, it
shall be unlawful to sell any refrigerated alcoholic beverages at any such
business.
5. Amend Section 13-209(7) to read as follows:
7. Service Stations (sale of alcoholic beverages prohibited)
SECTION 3.
This Ordinance shall take effect and be in full force thirty (30) days
from and after the passage thereof, and prior to the expiration of fifteen
(15) days from its passage shall be published once in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in
the City of Costa Mesa or, in the alternative, the City Clerk may cause to
be published a summary of this Ordinance and a certified copy of the text
of this Ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within fifteen
(15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a
certified copy of this Ordinance together with the names of the members of
the City Council voting for and against the same.
PASSED AND ADOPTED this a Q day of , 1986.
'07L, --,J AZ334,,-i
Ma or of the City of t esa
ATTEST: /
y Clerk of the City of Costa Mesa
APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Coun-
cil of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. ,'� was introduced and considered section W section at
a regular meeting of said City -Council held on the 61% of ,
1986, and thereafter passed a d adopted as a whole at a regu r meets of
said Council held on the; day of ,1986, b the fol1 wing
roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereb set my h d and affixed the Seal
of the City of Costa Mesa this day of V, 1986.
City Clerk and ex -officio Clerk of he
_ - City Council of the City of Cost sa
0-2-46