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HomeMy WebLinkAboutCC ORD 1981-1748 Interim regulations on establishments that sell alcoholic beverages for consumption (Not codified)ORDINANCE NO. 1748 AN INTERIM ORDINANCE ADOPTED AS AN EMERGENCY MEASURE PURSUANT TO GOVERNMENT CODE SECTION 65858, REGULATING THE LOCATION OF ESTABLISH- MENTS OTHER THAN BONA FIDE PUBLIC EATING PLACES, THAT SELL ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES. WHEREAS, it has been brought to the attention of the City Council of the City of National City that an over - concentration of certain establishments that sell alcoholic beverages for consumption on the premises, other than bona fide public eating places, within the central area of the city is contrary and inimical to the health, public safety, and welfare of this community, and WHEREAS, as of June 30, 1981, there were 3.7 bars per square mile within the city boundaries and one bar for every 1500 people, a bar being defined as any establishment that sells alcoholic beverages for consumption on the premises, other than a bona fide eating place, and WHEREAS, during the first six month of 1981, the National City Police Department responded to 337 calls at bars, as defined herein, the majority of which were for theft and disorderly conduct, and WHEREAS, the National City General Plan has iden- tified a need to revitalize the central city where this over - saturation of bars, exists, and WHEREAS, said concentration of bars in a limited geographical area threatens to destroy the vitality and commercial character of the area, depreciates the value of property used for other commercial purposes, creates police problems peculiar to such businesses and attracts business enterprises that add to blight, and WHEREAS, there are now pending changes in property ownership and leases in the central area that if not regulated forthwith, will contradict the city's redevelopment efforts and lead to the continued downgrading of the physical and social environment; NOW, THEREFORE, BE IT ORDAINED that the following regulations are adopted and shall go into effect immediately: Section 1. A bona fide public eating place shall be defined as: A place which is regularly and in a bona fide manner, used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. "Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however shall be construed to require that any food be sold or purchased with any beverage. In addition, Section 16.16.150(b) of the National City Land Use Code prohibits bona fide eating places from having a counter over which alcoholic beverages are served. Section 2. Establishments that sell alcoholic beverages for consumption on the premises other than a bona fide public eating place as defined herein, shall be located no closer than 1,000 feet apart and no closer than 660 feet from any public school within the boundaries of the City of National City. Section 3. The distance between any two establish- ments that sell alcoholic beverages for consumption on the premises, other than a bona fide eating place, as defined herein, shall be measured in a straight line, without regard to intervening structures from the closest exterior structure walls of said establishments. The distance between any such establishment selling alcohol, as defined herein, and a public school shall be measured in a straight line disregard- ing intervening structures from the closest exterior struct- ural walls of said establishment to the closest property line of the school. Section 4. Establishments that sell alcoholic beverages for consumption on the premises, as defined herein, that have been established in the city prior to adoption of this ordinance shall be a lawful non -conforming use subject to the requirments of Chapter 18.108 of the National City Municipal Code. Section 5. The regulations imposed by this Ordin- ance may be waived or modified by a duly approved conditional use permit; but only when the approving body can make a sub- stantial finding that the cited concerns regarding public health, safety, welfare and police protection have been ade- quately mitigated. BE IT FURTHER ORDAINED that the Planning Commission is directed to prepare and submit, after meeting necessary procedural requirements, the proposed zoning regulations for the future regulation of the location of the establishments that sell alcoholic beverages for consumption on the premises, other than bona fide public eating places, as defined herein. AND FINALLY ORDAINED that this Ordinance is adopted as an "Interim Ordinance as an emergency measure" pursuant to Government Code Section 65858, the facts consti- tuting the urgency are those set forth in the recitals con- tained within this Ordinance, and shall be effective four months, unless extended in the manner provided by said Section. PASSED AND ADOPTED this 28th day of July, 1981. ATTEST: Passed and adopted by the Council of the City of National City, California, on July 28, 1981 by the following vote, to -wit: Ayes: Councilmen Camacho, Dalla, Van Deventer, Waters, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California City Clerk of>theCity of Nati nal City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on July 28, 1981 , under the provisions of Secs. 65856 and 65858 of the Government Code. I FURTHER CERTIFY that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the mem- bers elected to the Council. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 174 of the City of National City,., passed and adopted by the Counci f said City on July 28, 1981 -Dams CAMPBELL City Clerk of the City of National City, California