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HomeMy WebLinkAbout95-20 Alcoholic Beverage Control Licensesu ORDINANCE NO. 95 -AO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA AMENDING SECTION 13-245 OF THE COSTA MESA MUNICIPAL CODE TO REQUIRE DISCRETIONARY REVIEW FOR CERTAIN CHANGES IN ALCOHOLIC BEVERAGE CONTROL LICENSES. THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa finds and declares as follows: (1) California Government Code Section 65850 enables the City of Costa Mesa to regulate the use of property within the City. (2) When an existing establishment, where food or beverages are served, intends to change to a certain type of Alcoholic Beverage Control license, that the change of license merits discretionary review to ensure that potential negative impacts to surrounding land uses have been addressed. (3) The regulations have been -reviewed according to CEQA and have been found to be exempt under Section 15061 (b)(3) of the CEQA Guidelines. ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the Costa Mesa Municipal Code as follows: Section 2. Subsection (6) of Section 13-245.2(A) is hereby amended to add the following criterion: (6) A change from any type of Alcoholic Beverage Control license to any of the following Alcoholic Beverage Control license types: 40 (On -sale Beer); 42 (On -sale Beer and Wine for Public Premises); 48 (On -sale General for Public Premises); or 61 (On - sale Beer for Public Premises), provided that the establishment is open for customer service anytime between the hours of 11 p.m. and 2 a.m.. Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.- Section nvalid: Section 4. 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 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 day of 199,q. 'p, ,4,9( -- Mayor f the City of Costa Mesa ATTEST: 1 Deputy ity Clerk of the City of Costa esa APPROVED AS TO FORM: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 95-20 was introduced and considered section by section at a regular meeting of the City Council held on the 18th day of December, 1995, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 2nd day of January, 1996, by the following roll call vote: AYES: Erickson, Buffa, Hornbuckle, Genis, Monahan NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 3rd day of January, 1996. Deputy Cit lerk and ex -officio Clerk of the City Council of the City of Costa Mesa