HomeMy WebLinkAboutCC ORD 1981-1760 Adds § 18.04.091 and Ch. 18.71, zoning (18.04, 18.71)ORDINANCE NO. 1760
AN ORDINANCE AMENDING TITLE 18 (ZONING) OF THE NATIONAL
CITY MUNICIPAL CODE, REGULATING THE LOCATION OF ESTABLISH-
MENTS SELLING ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE
PREMISES OTHER THAN BONA FIDE PUBLIC EATING PLACES
(A-5-81)
BE IT ORDAINED by the City Council of the City
of National City, California, as follows:
SECTION 1. There is hereby added to the Municipal
Code of National City §18.04.091, which is to read as follows:
18.04.091 Bona Fide Public Eating Place. A place
which is regularly and in a bona fide manner, used and
kept open for the serving of meals to guests for compen-
sation and which has suitable kitchen facilities con-
nected 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 pur-
chased with any beverage.
SECTION 2. There is hereby added to the Municipal
Code of National City a new Chapter 18.71 under Title 18,
which is to read as follows:
*Sections:
Chapter 18.71
LOCATION OF BARS AND COCKTAIL LOUNGES
18.71.010
18.71.020
18.71.030
18.71.040
Prohibitions
Measure of Distance
Lawful Non -conforming Uses
Exceptions
*Refer to §18.16.140 et seq. for related regulations.
18.71.010 Prohibitions. Establishments that sell
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.
18.71.020 Measure of Distance. The distance
between any two establishments that sell alcoholic
alcoholic beverages for consumption on the premises
other than a bona fide public eating place, as defined
herein, shall be measured in a straight line
without regard to intervening structures from
the closest exterior structural 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 disregarding intervening structures from the
closest exterior structural walls of said estab-
lishment to the closest property line of the
school.
18.71.030 Lawful Non -conforming Uses.
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 requirements of
Chapter 18.108 of the National City Municipal
Code.
18.71.040 Exceptions. The regulations im-
posed by this Ordinance may be waived or modified
by a duly approved conditional use permit; but
only when the approving body can make a substantial
finding that the cited concerns regarding public
health, safety, welfare and police protection have
been adequately mitigated.
PASSED AND ADOPTED this / 7lot day of
1981.
ATTEST:
--i:;el.,...-._
CITY CLERK
Passed and adopted by the Council of the City of National City, California,
on
November 17, 1981 by the following vote, to -wit:
Ayes: Councilmen Camacho, Della, 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 C rk of the City of Natio al City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on October 27 1981
and on November 17, 1981
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. 1760 of the City of National City, passed
and adopted by the Council of said City on November 17, 1981
(Seal)
City Clerk of the City of National City, California
By:
Deputy