ORD-31-81 RESCINDING AUTHORITY TO GRANT CONDITIONAL USE PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES ON THE SAME PREMISES WHERE MOTOR VEHICLE FUEL IS OFFERED FOR SALEORDINANCE NO. 31-
81 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTED AS AN URGENCY
MEASURE M~ENDING SECTIONS 17.44.010, 17.44.020
AND 17.94.060 BY RESCINDING AUTHORITY TO
GRANT CONDITIONAL USE PERMITS FOR THE SALE
OF ALCOHOLIC BEVERAGES ON THE SAME
PREMISES WHERE MOTOR VEHICLE FUEL IS OFFERED FOR
SALE.WHEREAS, the Orange Municipal Code currently authorizes
the issuance of a Conditional Use Permit for the sale of
alcoholic beverages on the same premises where motor vehicle fuel is
offered for sale;
and WHEREAS, said Conditional Use Permits are issued subject
to restrictions and conditions intended to protect the public
from unreasonable risks of harm;
and WHEREAS, the City Council is uncertain that said
restrictions and conditions imposed do in fact protect the health,
safety,and welfare of the public;
and WHEREAS, the staff and Planning Commission need
sufficient time to conduct hearings and study the problem and for the
City Council to adopt additional measures, if needed;
and WHEREAS, the City Council intends that the authority to
grant Conditional Use Permits for the sale of alcoholic beverages on
the same premises where motor vehicle fuel is offered for sale
shall be rescinded until such time as the staff and the Planning
Com-mission has had a reasonable opportunity to study the problem
and to hold public hearings and the City Council can adopt
such appropriate additional measures as may be
necessary.THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS
FOLLOWS:Section
I:A. Amend Section 17.44.010 B of the Orange Municipal Code
by revising Subsection on liquor stores to read as
follows:Liquor stores; except that no sale or
delivery of any alcoholic beverage, whether
conducted in the C-l or any other district,
shall be pennitted in any manner whatsoever by
any firm,person or entity conducting a
drive-in dairy or any other drive-in operation
or off:rs motor vehicle fuel for sale
on the same premlses.B. Amend Section 17.44.020 of
the Orange Municipal Code by deleting Subsection L in its
entirety and re-lettering Subsection
M to read Subsection L.C. Amend Section 17.94.060 of
the Orange Municipal
Code
Section II:
The reasons for the urgency of this Ordinance are as follows:
The staff and City Council are uncertain that the presentmethodofcontrollingthesaleofalcoholicbeverageson the
same premises where motor vehicle fuel is offered for salethroughtheConditionalUsePermitprocedureisadequate.There is considerable concern that there may be no cost
effective way in which the City can provide surveillance to
ensure compliance with the conditions imposed for such Condition-
al Use Permits. If the conditions imposed are not obeyed,then there could be more intoxicated drivers upon the publicstreets. This, of course, would be to the detriment of the
public health, safety and welfare.
The City Council desires that there shall be time for the staff
and the Planning Commission to study the matter and to hold
public hearings. The City Council can then determine whether
the present Conditional Use Permit procedure is adequate,
implement a more adequate procedure or prohibit any additional
places of sale of alcoholic beverages on the same premiseswheremotorvehiclefuelisofferedforsale.
Therefore, pursuant to the procedures of Section 65858 of the
Government Code, the City Council of the City of Orange hereby
enacts this interim ordinance as an urgency measure in order to
protect the public health, safety and welfare during the delibera-
tion and public hearings on the question of the enactment of a
permanent zoning ordinance regulating the matters contained
herein.
ADOPTED this 22nd day of September, 1981.
ATTEST:
f1<~
CITY CLE oP' T I CITY OF ORANGE
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 No. 31-81 wasregularlyintroduced, reading in full was waived, was read b~ Tit~e, was
passed and adopted at a regular meeting of the City Councll, Clty of Ora~
ge,California, held on the 22nd day of September, 1981 by U1e
followlng Vote to
wit:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:BRr;re;r:a { Smithr Mi3;yor Bei3,1Tl{ Perez!
Beyer
None
None Witness my hand and seal this 23rd day of September,
1981.Ma?JJ~
Jr~City Clerk of the City of
ORANGE CITY NEWS
PUBLICATION DATE: Wednesday)
September 30, 1981
LEGAL NOTICE
ORDINANCE NO. 31~8l
INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTED AS AN
MEASURE AMENDING SECTIONS 17.44.010, 17.44.020 AND 17.94.060 BY RESCINDING
TO GRANT CONDITIONAL USE PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES
THE SAME PREMISES WH ERE MOTOR VEHICLE FUEL IS OFFERED FOR SALE."
Original on file in the City Clerk's Department).
Ordinance No. 31-81 amends Sections 17.44.010, 17.44.020 and 17.94.
060 by revising'_-.Liquor_ Store subsection to state no sale or delivery of any
alcoholic,'beverage is permitted by any entity conducting a drive-in
operation offering motor vehicle fuel for
sale.PTED by the City Council of the City of Orange at a regular meeting held
Tuesday,g,eptember 22, 1981, by the following
vote:AYES: Barrera, Smith, Mayor Beam, Perez,
Beyer CITY OF
ORANGB-::Marilyn J. Jensen, City
Clerk
ATTEST: