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HomeMy WebLinkAboutORD-55-80 REQUIRING A CONDITIONAL USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES ON THE SAME PREMISES WHERE MOTOR VEHICLE FUEL IS OFFERED FOR SALEORDINANCE NO. 55- 80 7 'I_~I L,AN ORDINANCE OF THE CITY COUNCIL OFTHECITYOFORANGEAMENDINGSECTIONS17.44.020 17.44.020 M and 17.94.060 E AND DELETINGSEC'rION 17.44.021 OF THE ORANGE MUNICIPAL CODE REQUIRING A CONDITIONAL USE PERMIT FOR SALE OF ALCOHOLIC BEVERAGES ON THE SAME PREMISES WHERE MOTOR VEHICLE FUEL IS OFFERED FOR SALE.WHEREAS, Ordinance No. 69-79 provided that a condi-tional use permit shall be required for the sale or delivery of any alcoholic beverage as an accessory use to the opera-tion of an automobile service station; and WHEREAS, it is the desire of the City Council that a conditional use permit shall be required on any premises which would allow the simultaneous sale or delivery of alcoholic beverages and the sale of motor vehicle fuel.NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: SECTION I:Amend Sections 17.44.020 Land M of the Orange MUni-cipal Code by designating existing Section 17.44.020 L to read Section 17.44.020 M and amending the text of existing Section 17.44.020 M and designating said Section to read Section 17.44.020 L. These amended Sections are set forth in their entirety to read as follows:17. 44.020 L. Sale or deli very of any alcoholic beverage on the same premises where motor vehicle fuel is offered for sale. A conditional use permit shall be granted by zoning Administrator as provided in Section 17.94.060 E. No conditional use permit shall be granted unless:2.The applicant has submitted a written statement describing the methods proposed for the delivery of fuel and alcoholic beverages to customers and the method for the payment of same; and After a public hearing, the following findings have been made:That there is a reasonable assurance .that any customer for fuel or alcohol1C beverages must exit from his motor vehicle to obtain and pay for same; and That the proposed sale ~r delivery of alcoholic beverage 1S reasonably sistent with surrounding land uses. a. SECTION II: section 17.44.021 is h b the Orange Municipal Code. ere y rescinded and deleted from SECTION III: section 17.94.060 of the Orange Mun" Code hereby amended to read as follows: - 1c1pal is Permits for the sale or delivery of any alcoholic bever~ ge on the same premises where motor vehicle fuel 1S of~ered f~r sale according to the criteria set forth 1n Sect10n 17.44.020 L.SECTION IV:E. This ordin~nce shall b7 published once within fifteen 15) days after 1tS pa~sage 1n the Orange City News, a ewspape~ of general c1rculation, published and circulated 1n the C1ty of Orange, and shall take effect thirty (30)days from and after the date of its final passage.ADOPTED this 23rd day of September, 1980.e- 1 ATTEST:Ci~"~ e g3t::n::-STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF ORANGE I, MARILYN J. JENSEN, city Clerk of the City of Orange,California, DO HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council held on the Hithday of September, 1980, and ther<:loafter at aregular meeting ot said City Council duly held on the 23rd day of September 1980,was duly passed and adopted by the following vote, to wit:AYES:NOES:ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: BARRERA, SMITH, MAYOR BEAM, PEREZ, BEYER.NONE.NONE.WITNESS my hand and seal this 24th day of September, 1980.Marilyn J. Jensen city Clerk of the city of Orange