HomeMy Public PortalAboutOrd. 1567ORDINANCE NO. r
AN ORDINANCE OF THE CITY OF LYNWOOD ADDING CHAPTER
25.166 OF THE LYNWOOD ZONING CODE ESTABLISHING A DEEMED
APPROVED STATUS FOR NONCONFORMING ALCOHOLIC BEVERAGE
ESTABLISHMENTS
WHEREAS there are legal nonconforming alcoholic establishments in the City of
Lynwood;
WHEREAS the purpose of this Chapter is to "deem approved" the establishments
which are not subject to a conditional use permit for alcohol sales; and
WHEREAS this Chapter will establish performance standards for legal
nonconforming alcohol retail sales establishments;
WHEREAS these performance standards would prevent such establishments from
being or becoming a public nuisance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: That a new Chapter 166 titled "Deemed Approved Alcoholic
Beverage Retail Sales" is added to Title 25 of the Lynwood Zoning Code to read as
follows:
Sections:
25.166.010
Title
25.166.020
Purposes of this Ordinance
25.166.030
Definitions
25.166.040
Applicability
25.166.050
Deemed Approved Compliance
25.166.060
Performance Standards
25.166.070
Notification to Operators
25.166.080
Performance Standards Compliance
25.166.090
Procedures for Referral to the Planning Commission; Public Hearing
25.166.100
Hearing Procedures
25.166.110
Fee Schedule
25.166.120
Declaration of Nuisance
25.166.130
Procedures
25.166.010 Title
This Chapter shall be known as the "Deemed Approved Alcoholic Beverage Retail Sale
Ordinance."
25.166.020 Purposes of this Ordinance
The City recognizes that the health, safety, and general welfare of persons visiting,
residing, working or conducting business in the City may be adversely impacted by
Alcoholic Beverage Retail Sales establishments which are nonconforming because they
do not have a conditional use permit for alcohol sales. The purpose of this Chapter is to
set forth regulations and enforcement procedures that:
A. Address community challenges associated with the sales and /or consumption of
alcoholic beverages, such as litter, noise, illegal activity and loitering.
B. Provide opportunities for Alcoholic Beverage Retail Sales to be conducted in a
mutually beneficial relationship to each other and to other commercial and civic
services.
C. Prevent such prohibited activities and activities contrary to Deemed Approved
Activities from becoming public nuisances.
D. Ensure such adverse impacts from legal nonconforming alcohol establishments
are monitored, mitigated and /or controlled such that they do not negatively
contribute to the change in character of the areas in which they are located.
E. To monitor that Deemed Approved Activities do not substantially change in mode
or character of operation.
25.166.030 Definitions
"Administrator" shall mean the Director of Development Services and /or his /her
designee.
"Alcoholic Beverage" shall mean alcoholic, spirits, liquor, wine, beer and every
liquid or solid containing alcohol, spirits, wine or beer, which contains one -half of
one percent or more of alcohol by volume and which is prepared for consumption
either alone or when diluted, mixed or combined with others substances, and sales of
which require a State Department of Alcoholic Beverages Control license.
"Alcoholic Beverage Retail Sales" shall mean the retail sale of alcoholic beverages
for either off - premises or on- premises consumption, excluding Bone Fide
Restaurants.
"Business Day" shall mean a day that Lynwood City Hall is open to conduct public
business.
"Conditions of Approval" shall be the requirements that must be met in order for a
Deemed Approved Activity to retain its Deemed Approved Status.
"Deemed Approved Activity" shall mean any alcohol sales that have not been
subjected to an alcohol conditional use permit.
"Deemed Approved Status" shall mean a Deemed Approved Activity that is in full
compliance with the performance standards set forth in section 25.166.060 and any
imposed Conditions of Approval.
"Illegal Activity" shall mean an activity that has been determined to not be in
compliance with the Deemed Approved performance standards set forth in section
25.166.060.
"Operator" shall mean the person, as either an individual or other entity, who is the
proprietor of the establishment, whether in a capacity of owner, licensee, lessee,
sublessee, mortgagee in possession, licensee or any other capacity. Where the
Operator performs his or her functions through a managing agent of any type or
character other than an employee, the managing agent shall also be deemed an
Operator for the purposes of this chapter and shall have the same duties and liabilities
as his or her principal. Compliance with the provisions of this chapter by either the
principal or the managing agent shall, however, be considered compliance by both.
"Performance Standards" shall mean the requirements prescribed herein to ensure the
Deemed Approved Activity is in conformity with the purpose of this Chapter.
"Premises" shall mean the actual space within a building or any area, either directly
or indirectly supporting alcoholic beverage sales.
"Sheriffs Department" shall mean the Los Angeles County Sheriff's Department, or
any other successor law enforcement agency.
25.166.40 Applicability
A. The provisions of this chapter shall apply to legal nonconforming Alcoholic
Beverage Sale Activities within the City of Lynwood.
B. The nonconforming use provisions set forth in Chapter 25 -165, shall apply to the
Deemed Approved Alcoholic Beverage Sale regulations.
25.166.050 Deemed Approved Compliance
All nonconforming Alcoholic Beverage Retail Sales Activities shall automatically
become Deemed Approved Activities as of the effective date of this ordinance. Each
such Deemed Approved Activity shall retain its Deemed Approved Status, as long as it
complies with each of the performance standards set forth in Section 25.166.060.
25.166.060 Performance Standards
Except as otherwise provided by California Business and Professions Code Section
25600 et seq. relating to alcoholic beverages in general, Deemed Approved Activities
must comply with all of the following Performance Standards:
A. It shall not result in adverse affects to the health, welfare, peace or safety of
persons visiting, residing, working or conducting business in the surrounding
area; and
B. It shall not jeopardize or endanger the public health, welfare or safety of persons
visiting, residing, working or conducting business in the surrounding area; and
C. It shall not adversely affect the development of abutting properties and the
surrounding neighborhood as a result of inadequate maintenance, prohibited
activities, and /or operating characteristics; and
D. It shall not result in nuisance activities, including but not limited disturbance of
the peace, illegal drug activities, public drunkenness, public consumption of
alcoholic beverages, harassment of passers -by, prostitution, sale of stolen goods,
public urination, theft, battery, vandalism, littering, loitering, graffiti, illegal
parking, loud noises (especially in the late night or early morning hours,) traffic
violations, curfew violations, lewd conduct, or Sheriff detentions and arrests; and
E. It shall not result in violations to any applicable provision of any other city, state
or federal regulation, ordinance or statute.
25.166.70 Notification to Operators
A. Within ninety (90) calendar days after the effective date of this ordinance, the
Director of Development Services or his /her designee, shall send each Deemed
Approved Activity business Operator, and legal owner of the property if different
than the Operator, notice of its Deemed Approved Status and the requirements of
this section. The notice shall be sent by first -class mail to the Operator and the
legal property owner, if different from the Operator, return receipt requested and
shall include the requirements set forth in this section specifically:
1. A copy of the performance standards of Section 25.166.060;
2. A statement requiring compliance with the performance standards;
3. A statement informing the business Operator that if the activity loses its
Deemed Approved status and is declared a nuisance that is abated by the
City, cost recovery fees associated with enforcement may be levied; and
4. A statement informing the business Operator that the performance
standards must be posted for public review in a conspicuous and
unobstructed place, visible from the entrance of the establishment.
B. Should the notice be returned, then the notice shall be sent via regular United
States Mail to the Operator.
25.166.080 Performance Standards Compliance
This Section is not intended to restrict the powers and duties otherwise pertaining to other
City officers or government bodies, in the field of monitoring and ensuring the harmony
of Alcoholic Beverage Retail Sales in the City.
A. The Administrator has the authority to work with the Operator of the Deemed
Approved Activity to resolve any minor violations.
B. If the Administrator determines that prohibited activities of other than a minor
nature exist or were allowed to occur, then the Administrator shall refer the
Deemed Approved Activity to the Planning Commission in accordance with
Section 25.166.090.
25.166.090 Procedures for Referral to the Planning Commission; Public Hearing
A. Referral. The Administrator's referral shall be scheduled for a public hearing
before the Planning Commission within sixty (60) calendar days of the referral,
unless both the Administrator and the Operator of the Deemed Approved Activity
consent to a later date.
B. Purpose. The purpose of the public hearing is for the Planning Commission to
hear and receive evidence concerning the operating methods of the Deemed
Approved Activity.
C. Notification. Notice of the hearing shall be given to all property owners within a
three - hundred foot (300) radius of subject property. The Operator, if different
from the property owner of the Deemed Approved Activity, shall be notified of
the public hearing via first class mail, return receipt requested.
D. The Planning Commission shall hear all relevant testimony and consider all
relevant evidence, and shall find whether the Deemed Approved Activity is in
compliance with the Deemed Approved Performance Standards set forth in
Section 25.166.060 and any other applicable criteria.
Subsequent to the presentation of relevant testimony and evidence, the
Planning Commission may;
(a) Uphold the Deemed Approved Status;
(b) Impose, add or modify such reasonable Conditions of Approval
as are in the judgment of the Planning Commission necessary to
ensure conformity to said criteria;
(c) Determine that the Deemed Approved Activity is an Illegal
Activity as defined herein. Such findings shall result in the
Deemed Approved Activity losing its Deemed Approved Status.
Revocation of the Deemed Approved Status shall cause the
Planning Commission to order immediate and permanent
discontinuance of Alcoholic Beverage Sales as of the effective
date of the decision. This order shall be stayed if an appeal is
filed pursuant to the Lynwood Municipal Code.
(d) Any new or modified conditions of approval required by the
Planning Commission shall be made a part of the Deemed
Approved Status, and the Deemed Approved Activity shall be
required to comply with these Conditions of Approval.
(e) Any performance standards and Conditions of Approval must be
conspicuously displayed in the Premises in an area viewed by
the public.
25.166.100 Right of Appeal to City Council or Its Designated Hearing Officer
A. The decision of the Planning Commission may be appealed to the City
Council or its designated hearing officer in accordance with the Lynwood
Municipal Code.
B. After the expiration of the appeal period to the City Council, the decision of
the Planning Commission shall be final and conclusive unless an appeal was
timely filed in accordance with the provisions of the Lynwood Municipal
Code.
C. In considering the appeal, the City Council, or its designated hearing officer,
shall determine whether the established use conforms to the applicable
Deemed Approved Performance Standards and /or Conditions of Approval.
D. On appeal, the City Council, or its designated hearing officer, shall conduct
the hearing and may uphold, reverse, or amend any decision of the Planning
Commission. The decision of the City Council, or its designated hearing
officer, shall be final and conclusive. Notice of the City Council, or its
designated hearing officer's, decision shall be mailed by the City Clerk to the
property owner and Operator, if different from the owner, or other appellant
within ten (10) Business Days of the decision personally, or by certified
United States mail, return receipt requested. The decision shall include
notification of Section 1094.6 of the California Code of Civil Procedure.
Should the certified mailed notice be returned to the City for any reason, the
City shall cause a copy of the same to be mailed to the property owner shown
on the last equalized assessment roll by regular first -class mail with postage
fully paid.
25.166.110 Fee Schedule
Fees for review, notification, appeal and re- inspection of Deemed Approved Activities
shall be in accordance with the City's general fee schedule as may be amended by
Resolution of the City Council.
25.166.120 Declaration of Nuisance
If any nonconforming alcoholic beverage establishment is found to be a nuisance
pursuant to Section 3 -13 of the Lynwood Municipal Code, and is not abated by the
owner, then it shall be abated by the City. If the nuisance is abated by the City, the costs
incurred by the City will be reimbursed to the City, and if necessary, will become a lien
against the property until paid.
25.166.130 Procedures
The City Council reserves there right to adopt by resolution additional rules and
regulations which shall become effective immediately upon adoption, governing the
implementation of the specific procedures of this chapter.
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 competent jurisdiction, such decision shall not affect the validity of the
remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance.
The City Council 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. This ordinance shall take effect thirty (30) days after its final passage by
the City Council.
SECTION 4. The City Clerk of the City of Lynwood is hereby directed to certify to the
passage and adoption of this Ordinance and to cause it to be published or posted as
required by law.
First read at a regular meeting of the City Council held on the 4th day of
October , 2005 and adopted and ordered published at a regular meeting of
said Council held on the 18th day of October , 2005.
r
6a2mon Rodri uez, Mayor
City of Lynwood
ATTEST:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM:
7.JA= -_
Arnoldo Beltran, City Attorney
STATE OF CALIFORNIA }
}ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 18th day of October 2005.
AYES: COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Ani�� Clerk
STATE OF CALIFORNIA }
} ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1567 on file in my office and that said
Ordinance was adopted on the date and by the vote therein stated.
Dated this 18th day of October , 2005.
Andrea L. Hooper, City Clerk