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Home My WebLink AboutNS-1729REL:adg 5/9/84 ORDINANCE NO. NS-1729 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTIONS 41-196, 41-675, 41-676, AND 41-6~- TO THE SANTA ANA MUNICIPAL CODE AND AMENDING SECTION 41-683.5, TO REVISE THE PROCEDURES FOR APPROVAL OF ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 41-196, which said section reads as follows: Sec. 41-196. Establishments selling alcoholic beverages. (a) Except as provided in subsection (b), no establish- ment may sell alcoholic beverages for either on-site or off-site consumption unless a conditional use permit has been approved for such establishment pursuant to Article V of this Chapter. (b) A conditional use permit shall not be required for any establishment for which a land use certificate has been issued pursuant to Sections 41-675 through 41-677. A land use certificate shall be issued for an establishment which serves alcoholic bever- ages for either on-site or off-site consumption only if the estab- lishment falls within one of the following categories: (1) Restaurants satisfying the following standards: (i) The establishment is licensed by the State of California as a bona fide eating establishment. (ii) The bar or lounge area contains less floor area than the dining area and has no separate entrance from outside the building. (iii) The kitchen is fully equipped and permanently maintained. ORDINANCE NO. NS-1729 PAGE TWO (iv) A solid masonry wall at least six and one-half (6-1/2) feet in height is maintained on any property line which abuts residential property. (2) Retail markets which have 3000 square feet or more of floor area and which devote not more than ten percent (10%) of such floor area to the sale, display, and storage of alcoholic beverages. (3) Retail markets which have square feet of floor area and which following standards: less than 3000 satisfy the (i) The establishment is located at least 500 feet from any school, residence, church, or park and from any other establishment licensed to sell alcoholic beverages by the State of California. (ii) Not more than ten percent (10%) the floor area is devoted to the sale, display, and storage of alcoholic beverages. of (iii) The sale of alcoholic beverages not advertised by signs directed toward persons outside of the building. is (iv) The establishment does not provide more than two (2) video or arcade games. (v) The sale of market goods is not carried on in conjunction with the sale of gasoline or other vehicle fuel. (4) Club or lodge establishments where admit- tance is limited to members and guests invited by members and where the sale of alcoholic beverages is clearly incidental to other activities conducted on the premises. (5) Theaters and concert halls which satisfy the following requirements: ORDINANCE NO. NS-1729 PAGE THREE an (i) The establishment has permanently affixed seats so arranged as to provide all spectators with a direct and unobstructed view of the stage upon which live theatrical or musical performances are given. (ii) The sale of alcoholic beverages is clearly incidental to such performances and the revenue derived from the sale of alcoholic beverages is insubstantial when compared to the revenue derived from the sale of tickets for admission to such per- formances. (6) Florists shops offering the sale of a bottle of alcoholic beverage together with a floral arrangement. SECTION 2: That the Santa Ana Municipal Code is amended by adding a division, to be numbered 4, consisting of sections numbered 41-675 through 41-677, which said division reads as follows: DIVISION 4. LAND USE CERTIFICATES Sec. 41-675. Land use certificates. Whenever a land use certificate is required for any use or activity by the provisions of this chapter, the procedures for issuance of such land use certificate shall be as follows: (a) Applications for a land use certificate shall be filed by the applicant with the director of planning and develop- ment services on such forms as may be provided by the director and shall be accompanied by such filing fee as may be set by resolution of the city council. The application shall provide such information and documentation as the director shall, by departmental regulation, determine to be appropriate. (b) The director of planning and development services shall issue the land use certificate if he determines that the use or activity will be conducted in accordance with the applic- able requirements specified in this chapter; otherwise, he shall deny the land use certificate. The land use certificate, if granted, shall specifically identify the grantee and the nature and location of the use or activity to be permitted, and the ORDINANCE NO. NS-1729 PAGE FOUR limitations imposed by this chapter on such use or activity. In the event that the use or activity is one which is limited by the provisions of this chapter to a maximum number of days per period of time, the land use certificate may designate the dates on which such use or activity is permitted. Sec. 41-676. Revocation of land use certificates. The director of planning and development services may revoke a land use certificate, after notice and opportunity to be heard by the grantee, upon his determination that the land use certificate is being exercised in a manner contrary to the regulations of this chapter which are applicable to the use or activity permitted by the land use certificate. Sec. 41-677. Appeals from denials or revocations of land use certificates. Any applicant for a land use certificate whose appli- cation is denied by the director of planning and development services, and any grantee whose land use certificate is revoked by the said director, may, within ten (10) days following such decision, appeal such decision to the planning commission, in which event the decision of the director shall be vacated, and the planning commission shall determine whether to issue or revoke the land use certificate in accordance with the require- ments of this chapter applicable thereto. The applicant or grantee shall be given at least five (5) days prior written notice by the director of the time and place at which the plan- ning commission will consider the application or revocation and shall be provided with an opportunity to be heard by the plan- ning commission prior to its decision being made. The director or the planning commission may provide such other notice of a hearing on the matter as they deem appropriate. An appeal pursuant to this section shall be filed in writing by the applicant or grantee and shall be accompanied by a fee equal to one-half (1/2) of the original application fee. The decision of the planning commission shall be final with no further right of appeal. ORDINANCE NO. NS-1729 PAGE FIVE SECTION 3: That Section 41-683.5 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-683.5. Discontinuance of nonconforming use of building used for sale of alcoholic beverages. If a nonconforming use of a building for the sale of alcoholic beverages for either on-site or off-site consumption is discontinued for a period of six (6) consecutive months, any subsequent use of the building must conform in every respect to the provisions of the district in which it. is located. Any such use, whether primary or incidental, which does not have a re- quired conditional use permit or land use certificate shall be deemed a nonconforming use within the meaning of this section. SECTION 4: No provision of Chapter 41 of the Santa Ana Municipal Code requiring a minor exception permit for the sale of alcoholic beverages shall be effective after the effective date of this ordinance. SECTIO/ 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, sub- section, sentence, clause, phrase or portion thereof irrespec- tive of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 6: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were ORDINANCE NO. NS-1729 PAGE SIX committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposit pursuant to any ordin- ance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 4th day of ,~,n~ , 1984. ATTEST: uR. W/~xembour ger %~' '~ M a y~fr ..... ~ a~ice C. Guy / C~erk of the Council ~/ COUNCILMEMBERS: Luxembourger Aye Acosta Aye Bricken Griset Johnson Aye McGuigan Nay Young APPROVED AS TO FORM: