HomeMy WebLinkAboutNS-1945 - Santa Ana Amending Section 41-196 of the Santa Ana Municipal Code to Require a Conditional Use Permit for the Sale of Alcoholic Beverages in All Retail Markets...11/24/87
ORDINANCE NO. NS- 5945
AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING
SECTION 41-196 OF THE SANTA ANA MUNICIPAL CODE
TO REQUIRE A CONDITIONAL USE PERMIT FOR THE SALE
OF ALCOHOLIC BEVERAGES IN ALL RETAIL MARKETS
HAVING LESS THAN 20,000 SQUARE FEET OF FLOOR AREA
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That section 41-196 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-196.. Establishments selling alcoholic
beverages.
(a) Except as provided in subsection (b), no
establishment 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 re-
quired 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
beverages for either on-site or off-site consumption
only if the establishment falls within one of the
following categories:
(1) Restaurants satisfying the following stan-
dards:
(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 room and has no separate
entrance from outside the building.
(iii) The kitchen is fully equipped and per-
manently maintained.
(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.
324
ORDINANCE NO. NS- 1945
Page two
(2) Retail markets which have twenty thousand
(20,000) square feet or more of floor area and which
devote not more than ten (10) per cent of such floor
area to the sale, display and storage of alcoholic
beverages.
(3) 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.
(4) Theaters and concert halls which satisfy
the following requirements:
(i) The establishment has permanently
affixed seats so arranged as to provide all spec-
tators with a direct and unobstructed view of the
stage upon which live theatrical or musical per-
formances are given.
(ii) The sale of alcoholic beverages is
clearly incidental to such performances and the
revenue derived from the sale of alcoholic bever-
ages is insubstantial when compared to the revenue
derived from the sale of tickets for admission to
such performances.
(5) Florists shops offering the sale of a
bottle of an alcoholic beverage together with a
floral arrangement.
SECTION 2: 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 of compe-
tent 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, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
SECTION 3: Neither the adoption of this Ordinance nor
the repeal hereby o~ any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed to
the collection of any such license or penalty or the penal provi-
sion applicable to any cash deposit in lieu thereof, required to
ODINANCE NO. NS- 1945
Page three
be posted, filed or deposited pursuant to any ordinance and all
rights and obligations thereunder appertaining shall continue in
full force and effect.
ADOPTED this 4th day of January , 1988.
ATTEST:
RClerk of the Council~.Y
COUNCILMEMBERS:
Young
McGuigan Ay~
Acosta Nay
Griset
Hart Absent
May
Pulido
APPROVED AS TO FORM:
E DWA J~D~/_~O OPE R,
City A t ~6-rney