ORD-44-83 GOVERNS OFF SALE LIQUOR SALES TO BE ALLOWED AS A PRIMARY RETAIL USE IN THE M-1 M-2 ZOONES BY CONDITIONAL USE PERMITORDINANCE NO. 44-83
AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF ORANGE
AMENDING SECTION l7.80.UlOA OF THE ORANGE
MUNICIPAL CODE GOVERNING OFF-SALE LIQUOR SALES
TO BE ALLOWED AS A PRI-MARY RETAIL USE
IN THE M-l AND M-2 ZONES BY CONDITIONAL
USE PERMIT, BUT SPECIFYING THE LIMITATIONS
AND CONDITIONS TO BE IMPOSED ON ALL
SUCH PERMITS.AMENDMENT
2-83
CITY OF ORANGE
WHEREAS, the Planning Commission he~etofore has held a
duly advertised public hearing on the hereinafter described
amendment to the O~ange Municipal Code and has ~ecommended
to the City Council, by Resolution No. PC-71-
83,
approval thereof.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ORANGE DOES ORDAIN
AS FOLLOWS:
SECTION I:That Section 17.8U.OIUA shall be amended to
delete the existing Item No. 3 and add Item Nos. 3 and 4 to
read
as follows:3. As a conditionally permitted use in
the M-l and M-2 zones pursuant to
the provisions of Section 17.46.04UF of the Orange
Municipal Code and, provided,further, that in the event a
conditional use permit is approved for such use in
the aforementioned zones, the following conditions
and limitations shall apply:a. Any such
approved conditional use permit shall be operated in
a manner to deempha-size sales at and on
the premises and such on premises sales
and deliveries
shall not be encouraged.b. Any such conditional
use permit shall be reviewed by the City
after six (6) months of operation to
determine if such use should continue in order
to insu~e that retail sales at, and
on, the premises are,and continue to
be, an insignificant por-tion
c. In addition to the aforementioned six (6)
month review, any such conditional use permit
shall be reviewed by the City to determine if
such use should continue at any time the use
is sold or possession is transferred to a
person, fimn or entity other than the appli-
cant to which the conditional use permit was
issued.
d. The applicant to whom any such conditional
use pemnit is issued shall execute an agree-
ment with City to give actual notice to City
at any time the use is sold or otherwise
transferred to any person, fium or entity
other than applicant. Moreover, applicant
shall further agree that City may record such
agreement with the Orange County Recorder.
e. That all such conditional use pemnits shall
be finally reviewed in a public hearing and
approved by the City Council after an initial
public hearing before the Planning Commission.
4. As a prohibited use in any district not
specified in Subsection 1, 2 or 3 herein,
SECTION II:
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 Ordi-
nance 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 8th day of
ATTEST:
1Ju1Jtr/ 9- ~d;4t/
City C er of t C Y of Olfange
Ord. No. 44-83
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 the regular meeting of the City Council
held on the 25th day of October , 1983, and
thereafter at a regular meeting of said cIty Council duly
held on the 8th day of November , 1983, was
duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
WITNESS my hand and seal this 9th day of November
1983.
g94tP~Marilyn J erH(en
City Clerk of the City of Orange
Ord. No. 44-83