HomeMy WebLinkAboutORD-03-91 Sale of Alcoholic BeveragesORDINANCE NO. 3-
91 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE TO AMEND THOSE SECTIONS
OF THE MUNICIPAL CODE WHICH PERTAIN TO
THE SALE OF ALCOHOLIC
BEVERAGES.WHEREAS, this Ordinance is categorically exempt from
the provisions of the California Environmental Quality Act (CEQA)
per CEQA Guidelines section 15303;
and WHEREAS, the Planning commission did hold one duly
advertised hearing on September 17, 1990, for the purpose of considering
an amendment to the Zoning Ordinance to amend the sections of
the Orange Municipal Code which pertain to the sale of
alcoholic beverages after which the Planning Commission did
recommend adoption of this ordinance;
and WHEREAS, the City Council did hold a pUblic hearing
to consider amending the Orange Municipal Code sections pertaining
to the sale of alcoholic beverages on December 11, 1990;
and WHEREAS, the City Council did find that it is in the
best interests of the city of Orange to adopt such amendments
and thereby to provide consistency in treatment of uses
involving alcohol sales in the City to provide for greater public input
into such land use decisions, and to provide greater protection
to public health and
safety.NOW, THEREFORE, the City Council of the city of Orange
does ordain as
follows:section
I:Chapter 17.80 of the Orange Municipal Code is amended to
read,in its entirety, as
follows:CHAPTER 17.
80 ALCOHOLIC BEVERAGE
CONTROL
sections:17.80.010 Purpose and
intent.17.80.020
Definitions.17.80.030 Conditional Use Permit
Required.17.80.040
Findings 17.80.050 Upgrading
Licenses.17.80.010 Purpose and Intent. The purpose of
adopting regulations for the sales of Alcoholic Beverages is to ensure
that such sales will not adversely affect surrounding
residents,businesses, and institutions; and to ensure that any such
use operates in a manner compatible with existing and future
adjacent uses. (Ord.
17.80.020 Definitions. For the purpose of this chapter, the
following terms are defined as below:
A. On-sale License - a license to sell alcoholic beverages
for consumption on the premises, such as a restaurant or bar.
B. Off-sale License - a license to sell alcoholic beverages
in sealed containers for consumption off the premises, such as a
grocery or liquor store. (Ord.3-
91)17.80.030 Conditional Use Permit
Reauired.fulfill the purposes of this chapter,
conditional required for the
following:A. Any original off-sale alcohol license when
not in conjunction with the sale of motor fuel in the
C-P (commercial-Professional), C-1 (Limited
Commercial), C-2 (General Business),C-3 (commercial)
and C-TR (Limited Business, Tustin Redevelopment)zones.
The zoning Administrator shall make final determination unless the
application is combined with other submittals that require Planning commission
review,
or is appealed
to the city
Council.In order to use permits are B. Any original off-
sale beer, or beer and wine license, in conjunction with the sale of
motor fuel in the C-P, C-1, C-2, C-3,
and C-TR zones in accordance with sections 17.80.030-E.
1-4 and 17.88.020-C.1-7 of
the Orange Municipal Code. An initial public hearing
shall be held before the zoning Administrator, with final review
and determination made by the City Council.C. Any original on-
sale restaurant license in the C-P, C-1,
C-2, C-3, C-TR, M-1, and
M-2 zones. The Zoning
Administrator shall make final determination unless the application is
combined with other submittals that require Planning Commission review, or
is appealed to the city Council.D. Any original
on-sale license not associated with a restaurant in
the C-2 and C-3
zones. The Zoning Administrator shall make final determination unless the
application is combined with other submittals that require Planning commission review, or is
appealed to the City Council.E. Any original off-sale alcohol license,
whether or not in conjunction with the sale of motor
fuels,
in the M-1 and M-2 zones pursuant to the
provisions of Section 17.46.040-F of the
Orange Municipal Code, and further subject to the following conditions
and
limitations:1. The sale of alcoholic beverages shall not be
promoted by means of exterior display of signs, posters, pictures, or
product, or by visiblity from the exterior of any such display.
2. The City shall review an approved conditional use
permit after six (6) months of operation to determine
if the retail sales
3. At any time the license is sold or possession is
transferred to a person, firm, or entity other than the
applicant to which the conditional use permit was issued,
the city shall review the operations of the new owner or
operator to insure the original conditions of approval
are complied with.
4. The applicant shall execute an agreement with the
City to give written notice to the City at any time the
license is sold or otherwise transferred to another
person, firm, or entity other than the applicant.
Moreover, the applicant shall further agree that the City
may record such agreement with the Orange County
Recorder.
5. An initial public hearing shall be held by the
Planning Commission, with final review and determination
made by the City Council.
17.80.040 Findinqs. In making the findings for a
conditional use permit (as required by section 17.92.020-A)
for the on-sale and off-sale of alcoholic
beverages, the City council, the Planning Commission, or
Zoning Administrator, shall consider whether the proposed use will
adversely affect the welfare of the surrounding community or will result
in an undue concentration of premises for the sale
of alcoholic beverages,including beer and wine, in the City or the
area involved. The City Council, Planning Commission,
or Zoning Administrator,shall also consider whether the proposed
use will detrimentally affect nearby residentially zoned
districts, after giving consideration to the proposed hours of
operation and the proximity
to the following:
1. Residential buildings.2. Churches, schools,
hospitals, public playgrounds,and
other similar uses.3. Other establishments dispensing, for
sale or other consideration, alcoholic beverages,
including
beer and wine.17.80.050 Uoqradinq Licenses. Any
upgrading of existing licenses to a more restrictive license shall
be
regulated as follows:1. A change from an on-sale
beer license for a restaurant to an on-sale beer
and wine license for a restaurant shall not
require the issuance
of a conditional use permit.2. A change from an
off-sale beer license to an off-sale beer
and wine license shall not require
the issuance of a
3. A change from either an on-sale or off-sale
beer license or beer and wine license, to an on-sale
or off-sale general license shall require the issuance of
a
new conditional use permit.4. A license associated with a
non-conforming use may be transferred to a new owner, but
it may
not be upgraded.Section II:section 17.40.040 is
amended in the
following particulars:Delete the followinq:A.
Restaurants providing on-sale alcoholic beverages."E-4. Any original
off-sale beer or beer and wine license
in conjunction with
the sale of motor fuel."Add the followinq:A.
Any original on-sale and/
or off-sale license for alcoholic beverage sales. (Ord. 3-91)"
In all other respects, said section 17.40.040 shall remain in
full force
and effect
as currently set forth in the Orange Municipal Code.section III.section
17.42.030 of the Orange
Municipal Code is amended to
read, in its entirety,
as follows:17.42.030
Uses Permitted.permitted in C1 districts:The
following uses shall
be A. Professional offices, community centers, social halls,
lodges and clubs.B. Retail stores and personal
service establishments within a building, including animal hospitals, antique
shops, department stores, drug stores, food stores,
hardware stores, mortuaries, shoe shops, studios, and tailor
shops. (Ord. 32-86)C. Restaurants, but not
including restaurants with drive-
thru or walkup windows nor establishments providing on-sale
alcoholic beverages. (Ord. 3-91)
D. signs in accordance with Chapter 17.78, including
temporary advertising signs. (Ord. 2-89)E. Establishments with three
or less amusement devices upon the premises with no
external advertising of amusement devices, and all amusement devices located
within a completely enclosed building with no devices permitted in any accessory structure.
In addition,all amusement devices are located so as to be
visible
at all times by
F.
ance with
14-
86)The practice or business of fortune-telling
in compli-Chapter 5.55 of the Orange Municipal Code. (
Ords. 2-89;G. The establishment of a reverse
vending machine totally enclosed within a commercial
structure. (Ord.
7-89)section IV:section 17.42.040 of the Municipal Code
is amended to add the
following new subsection 0:0. Anyon-sale
and/or off-sale. (Ord. 3-91)"In all other respects,
said section 17.42.040 shall remain in full force and effect
as currently
set forth
in the Orange Municipal Code.Section V:section 17.43.020 of
the Orange Municipal code is amended
to read, in its entirety, as follows:section 17.43.
020 Use Permitted. The following uses
shall be permitted in the C-TR
District:A. Professional
offices, community centers, social halls,lodges and clubs.
B. Retail and personal service establishments within
a building, including animal hospitals, antiques shops, appliance
stores, bakeries (not wholesale), banks, barber shops, department stores,
drug stores, food stores, hardware stores, mortuaries,
shoe shops, studios, and tailor shops. (Ord.
32-86)C. Restaurants, but not including restaurants
with drive-thru or
walkup windows nor establishments providing on-sale alcoholic beverages. (
Ord. 3-91)D. Signs in accordance with section
17.43.240.E. Establishments with three or less amusement
devices upon the premises with no external advertising of
amusement devices, and all amusement devices located within a completely
enclosed building with no devices permitted in any accessory structure. In addition,all
amusement devices must be located so as to be visible at
all times
by one or more employees of the business. (Ords.
2-89,32-86; 4-86)F.
The establishment
of a reverse vending machine totally enclosed within a commercial structure. (Ord.
7-89)section VI:section 17.
43.030 of the
0. Anyon-sale and/or off-sale license
for alcoholic beverage sales. (
Ord. 3-91)"In all other respects, said section 17.
43.030 shall remain in full force and effect as current to set
forth in the
Orange Municipal
Code.section VII:Subsection A of section 17.43.120 of
the Orange Municipal Code is hereby amended to read, in its
entirety, as follows:A. Alcoholic Beverage Controls (
Chapter 17.
80)."Section VIII:Section 17.43.130 of the Orange
Municipal Code is repealed
in its
entirety.section IX:Subsection G of section 17.43.150 of
the Orange Municipal Code is amended to read, in its
entirety, as follows:G. Sale of Alcoholic Beverages. The
sale of alcoholic beverages shall be permitted in
accordance with Sections 17.80.030-E.1-4, 17.88.020-
C.1-
7, and 17.94.055."section X:Subsection C of section 17.
88.020 is hereby
amended to add the following subparagraph 7:7. "
All containers of alcoholic beverages that are displayed
for sale shall be secured against public access between the hours of 2:00
a.m. and 6:00 a.
m.Secured refrigerator compartments must have
interior compartment separators to prevent
access from neighboring non-locking doors or compartments."In
all other respects, said subsection C of section 17.88.020 shall remain
in full force and effect as
currently set
forth in the Orange Municipal Code.section XI:section 17.94.
050 of the Orange Municipal Code is hereby amended
in the following particulars: Subsection C of Section 17.94.050 is
amended
to
read, in its entirety, as follows:e.beverages.Permits for
the on-
sale and/or off sale of alcoholic
Ord. 3-91)"Subsection
I
is
In all other respects, said section 17.94.050 shall remain
in full force and effect as currently set forth in the orange
Municipal Code.
Section XII:
Chapter 17.94 of the Orange Municipal Code is amended to add
the following new Section 17.94.055:
17.94.055 Further Review. The current retailing of beer
and wine (for off premise consumption) with motor fuel may be
permitted by the issuance of a conditional use permit by the City
Council upon recommendation by the Zoning Administrator. (Ord.
3-
91)section
XIII:A summary of this Ordinance shall be published and
a certified copy of the full text of this Ordinance shall be
posted in the Office of the City Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted.
A summary of this Ordinance shall also be published once
within fifteen (15) days after this Ordinance's passage in the Orange
City News, a newspaper of general circulation, published, and
circulated in the City of Orange. The City Clerk shall post in the Office
of the city Clerk a certified copy of the full text of such
adopted Ordinance along with the names of those City Council members
voting for and against the Ordinance in accordance with Government
Code section 36933. This Ordinance shall take effect thirty (30)
days from and after the date of its final
passage.ADOPTED this 19th day of February
1991.
ATTEST:GENE
BEYER Mayor of the City of
Orange 4!R~~
TEM MARILYN J. JENSEN,
CMC.,City Clerk of the City of
Orange STATE OF
CALIFORNIA )COUNTY OF
ORANGE )CITY OF
ORANGE )BY:U~&kAM;
t CASSANDRA CATHCART,
CMC.,DEPUTY CITY
CLERK I, MARILYN J. JENSEN, City Clerk of the City of
Orange,California, do hereby certify that the foregoing Ordinance
was introduced at the regular meeting of the City Council held
on the l?th day of P"hrll"rv, 1991, and thereafter at the
regular 7-Ord.
meeting of said city Council duly held on the 19th day of February,
1991, was duly passed and adopted by the following vote, to wit:
AYES:COUNCIL MEMBERS: STEINER, BARRERA, COONTZ, SPURGEON
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: MAYOR BEYER
MARILYN J. JENSEN, CMC"
City Clerk of the city of orange
BY;i;AlA/UL)A'.4 ('...rrA./'~;;t-
CASSANDRA CATHCART, CMC.,
DEPUTY CITY CLERK
Ord. 3-91 8-