HomeMy WebLinkAboutCC ORD 1996-2126 Enacts moratorium on small businesses engaged in sale of alcoholic beverages for off-premises consumption (Expired)ORDINANCE NO. 9 6-212 6
AN INTERIM ORDINANCE OF THE CITY OF NATIONAL CITY
ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858
AS AN URGENCY MEASURE ENACTING A MORATORIUM ON
SMALL BUSINESS ESTABLISHMENTS ENGAGED IN THE SALE OF
ALCOHOLIC BEVERAGES FOR OFF -PREMISES CONSUMPTION
WHEREAS, California cities are authorized by decisional and statutory law
to regulate businesses engaged in the sale of alcoholic beverages through the exercise of
their planning and zoning powers; and
WHEREAS, in order to avoid the over -concentration of businesses selling
alcoholic beverages for off -premises consumption, the City Council of the City of
National City has enacted Sections 18.16.145, 18.16.150 and 18.98.190 of the National
City Municipal Code; and
WHEREAS, there has arisen an urgent need to consider an amendment to
the provisions of the Municipal Code pertaining to the sale of alcoholic beverages for off -
premises consumption by small business establishments; and
WHEREAS, there is an urgent need to prohibit those uses which may be
in conflict with the provisions which are to be studied and considered; and
WHEREAS, the City Council finds that there is a current and immediate
threat to the public health, safety and welfare by the operation within the City of small
business establishments engaged in the sale of alcoholic beverages for off -premises
consumption without effective restrictions upon such businesses, and that the issuance of
building permits, occupancy permits or other entitlements for such businesses without
effective restrictions would result in a threat to the public health, safety and welfare; and
WHEREAS, the City Council finds it essential to protect the health and
welfare of the citizens of National City to enact a moratorium for a period of 45 days on
the commencement of any small business establishment engaged in the sale of alcoholic
beverages for off -premises consumption; and
WHEREAS, the City Council intends to adopt, after appropriate study,
amended zoning regulations governing small business establishments engaged in the sale
of alcoholic beverages for off -premises consumption as soon as practicable and directs
the Planning Commission to commence studies and procedures necessary for the adoption
of such regulations; and
Ordinance No. 96 2126
Page 2 of 2
WHEREAS, for purposes of this ordinance, "small business establishment"
shall mean a retail business occupying a floor area of less than 15,000 square feet.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of National City as follows:
Section 1. For a period of 45 days from the effective date of this
Ordinance, no building permit, occupancy permit, or other entitlement for use shall be
issued for any small business establishment engaged in the sale of alcoholic beverages for
off -premises consumption.
Section 2. The City Council hereby directs the Planning Commission to
commence studies and procedures necessary for the adoption of regulations governing
small business establishments engaged in the sale of alcoholic beverages for off -premises
consumption.
Section 3. This Ordinance shall not apply to any small business
establishment lawfully engaged in the sale of alcoholic beverages for off -premises
consumption prior to November 19, 1996.
Section 4. This Ordinance is adopted as an urgency ordinance necessary
for the immediate preservation of the public health, safety and welfare within the meaning
of Government Code Section 65858 and shall take effect immediately.
PASSED and ADOPTED this 19th day of November, 1996.
ATTEST:
&1 L
Lori, Anne Peoples, C.
Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
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George H. Waters, Mayor
Passed and adopted by the Council of the City of National City, California, on November
19, 1996, by the following vote, to -wit:
Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
City C erk of the City of National Ci
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on November 19, 1996,
under the provisions of Section 65858 of the California Government Code.
I FURTHER CERTIFY THAT said 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.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 96-2126 of the City Council of the City of National City, passed and
adopted by the Council of said City on November 19, 1996.
City Clerk of the City of National City, California
By:
Deputy