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HomeMy WebLinkAboutNS-1994 - Of the Santa Ana Municipal Code to Require a Conditional Use Permit for Sale of Alcoholic Beverage in all Restaurants and TheatersREL:mb(34) 11/15/88 Rev.: 2/7/89 ORDINANCE NO. NS-1994 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-196 AND 41-645.5 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN ALL RESTAURANTS AND THEATERS. 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 estab- lishment 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 beverages for either on-site or off-site consumption only if the establishment falls within one of the following categories: (1) 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. (2) Florists shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. (3) 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, dis- play, and storage of alcoholic beverages. · 057 ORDINANCE NO. NS-1994 PAGE TWO SECTION 2: That section 41-645.5 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-645.5. Same--conditional use permits for the sale of alcoholic beverages. (a) Notwithstanding any other provision of this article, and subject to subsection (b) of this section, the decision of the planning commission on any application for a conditional use permit for the sale of alcoholic beverages pursuant to section 41-196 shall be final and shall not be subject to appeal to the city council. (b) Within two (2) days following the date of a planning commission decision on a conditional use permit for the sale of alcoholic beverages, the planning manager shall send a written report of such decision to the members of the city council. If, within twenty-one (21) days following the date of such a planning commission decision, the city council sets the matter for public hear- ing, then the decision of the planning commission shall be vacated and the conditional use permit application shall be heard and decided by the city council. (c) In the event that authority to grant or deny conditional use permits for the sale of alcoholic beverages is delegated to the zoning administrator pursuant to section 41-630(b), then, with regard to any such conditional use permit, the hearing referenced in section 61-643 shall be by the planning commission rather than the city council, and an appeal from the decision of the zoning administrator pursuant to section 41-645 shall be to the planning com- mission rather than the city council. SECTION 3: In accordance with section 41-630(b) of the Santa Ana Municipal Code the City Council hereby consents to the delegation by the Planning Commission to the Zoning Admini- strator of authority to act on conditional use permit applica- tions pertaining to the sale of alcoholic beverages. SECTION 4: 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 competent jurisdiction, such decision shall not affect the ORDINANCE NO. PAGE THREE NS-1994 059 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, sen- tence, 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 unconsti- tutional. SECTION 5: 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 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 cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertain- ing shall continue in full force and effect. ADOPTED this 2]$t day of February , 1989. ATTEST: COUNCILMEMBERS: Young McGuigan Acosta Griset May Pulido ~ye Aye A,¥e APPROVED AS TO FORM: City Attorney