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HomeMy WebLinkAbout88-02 Repealing Legislative Prohibition of Concurrent Sales of Alcoholic Beverages and Motor Vehicle FuelsORDIIS,NCE NO. 88-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSM MESA, CALIFORNIA, REPEALING THE LEGISLA- TIVE PROHIBITION OF CONCURRENT SATES OF ALCOHOLIC BEVERAGES AND MOTOR VEHICLE FUELS AND ESTABLISH- ING A PROCEDURE FOR REGULATION OF SUCH CONCURRENT SALES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND AND DECLARE AS EOLLOf,S : SECTION 1. 1. Title 13, Chapter XIII, Article 4 of the Costa Mesa Municipal Code currently prohibits the concurrent sale of alcoholic beverages and motor vehicle foals at the same site; and 2. State legislation has recently been enacted effective January 1, 1988, which will, as of January 1, 1989, nullify and prohibit local ordi- nances which legislatively prohibit such concurrent sales; and 3. The aforementioned State legislation permits cities to regulate concurrent sales by conditional use permit; and 4. Such regulation is desirable and necessary for the protection of the public health, safety, and welfare. Accordingly, the City Council of the City of Costa Mesa hereby amends the Costa Mesa Municipal Code as follows: SECTION 2. Article 4 of Chapter XIII of Title 13 is hereby amended to read as follows: "Article 4. Regulation of Concurrent Sale of Alcoholic Beverages and Motor Fuel Section 13-875. Conditional Use Permit Required; Exception. It shall be unlawful to sell any alcoholic beverage on the same build- ing site where motor vehicle fuel is sold unless the concurrent sale of alcoholic beverages and motor vehicle fuel is specifically allowed by a Conditional Use Permit issued for the site. This requirement shall not apply where the dispensing and sale of motor vehicle fuel is separated by at least tree hundred ( 300) feet frcm the building where alcoholic bever- ages are sold. Section 13-876. Procedure. A Conditional Use Permit for concurrent sales of alcoholic beverages and motor vehicle fuels shall be granted or denied by the Planning Commis- sion on the basis of the standards set forth in Section 13-347 of this Title, based on written findings after due notice pursuant to Government Code Section 65091 and a public hearing at which the applicant and all other persons wishing to be heard may present testimony. The findings for granting or denial shall be based on substantial evidence in view of the whole record to justify the ultimate decision. Any person aggrieved by the decision of the Planning Canmission may appeal to the City Council in accordance with the procedures set forth in Title 2 of this Code. Section 13-877. Conditions, Discretionary. A Conditional Use Permit may be granted if the requirements of Costa Mesa Municipal Code Section 13-347 are -satisfied, and may be made subject to such conditions as the Planning Commission or the City Council may deem desirable to protect the public health, safety, or general welfare. Such conditions may include, but shall not be limited to, the following: - 2 - A. Compliance with applicable development standards and other applicable ordinance requirements. B. Specification of the hours when the business may be in operation. C. Any other conditions generally applicable to Conditional Use Permits for gasoline service stations. D. Any conditions needed to mitigate potential adverse environmental effects of the use. Section 13-878. Conditions, Mandatory. The following conditions shall be imposed on all Conditional Use Permits granted pursuant to this Article: A. As of January 1, 1988, no alcoholic beverage shall be displayed within five feet of the cash register or the front door unless it is in a cooler which was permanently affixed prior to January 1, 1988. B. No sale of alcoholic beverages shall be made from a drive-in window. tub. C. No alcoholic beverages shall be sold or displayed outdoors. D. No display or sale of alcoholic beverage shall be made from an ice E. No alcoholic beverage advertising shall be located on motor fuel islands, and no self -illuminated advertising for alcoholic beverage shall be located on buildings or windows. F. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell alcoholic beverage." Section 13-879. Application to Existing Businesses. Any business actually and lawfully engaged in the sale of alcoholic beverages and irotor fuel from the same site before the effective date of - 3 - this Article shall be permitted to continue to do so, subject to all applicable provisions of State law and this Code, and subject to all condi- tions of the Conditional Use Permits) issued for the site; provided, however, that after January 1, 1990, such businessses shall also canply with all the conditions set forth in Section 13-878 of this Article. Paragraph 7 of Section 13-209 of Article 14 of Chapter II of Title 13 is hereby amended to read as fx)llcws : Section 13-209. Conditional Uses. 7. Service Stations SECTION 3. This Ordinance shall take effect arra be in full force thirty (30) days frau arra after the passage thereof, and prior to the expiration of fifteen (15) days fran its passage shall be published once in the ORANGE CQ%ST 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 Cleric five (5) days prior to the date of adaption cf this Ordinance, and within fifteen (15) days after adoption, the City ,Clerk shall cause to be published the a fioremant ioned summary and shall pcst in the office of the City Clerk a oertified copy of this Ordinance together with the names of the members of the City Council voting fDr and against the same. PASSED AND ADOPTED this 18th day of July, 1988. ATTEST: j City Clerk aE the City of Coat esa Mayor cf the City of Ccsta Mesa - 4 - STATE CF CALIFORNIA ) OJUNTY OF ORANGE ) ss CITY CF GDSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Ccsta Mesa, hereby certify that the above and fore- going Ordinance No. 88-2 was introduced and considered section by section at a regular meting of said City Council held on the 1st day of February, 1988, and thereafter passed and adopted as a whole at a regular meeting of said Council held on the 18th day of July, 1988, by the fx)llowing roll call vote: AYES: OOUNCIL MEMBERS: Hall, Amburgey, 1nheeler, Hornbuckle NOES: OJUNCI L MEMBERS: Buf fa ABSENT : OJUNCI L MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my ham and affixed the Seal cf the City of Costa Mesa this 19th day of July, 1988. City Clerk arra ex -officio Cleof the City Council of the City of C to Mesa - 5 -