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HomeMy Public PortalAboutOrd. 1293 ORDINANCE N0.-1293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY LYNWOOD AMRNDING THE LYNWOOD MUNICIPAL CODE BY PROVIDING CITY-WIDE REGULATIONS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES. THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, RRSOLVE AND DETERMINF. AS FOLLOWS: SECTION 1. The City Council hereby finds and determines that Ordinance No. 1.266, December 3, 1985, shall be repealed in its entirety. SECTION 2. Section 25-16.20 pertaining to on-sale .Liquor establishments shall be deleted. in its entirety. Sect,i.on 3. A new subdivision pertaining to on-sale and off-sale establishments shall be added as follows: "25-16.'LO Liquor Establishments The purpose of the regulations of this part, pertaining to establishments selling alcoholic beverages is to restrict the location of such uses in relation to one another, or to facilities primarily devoted to use by chi:Ldren and families and the general public, thereby limiting the number of such uses in the city and, in add.i.tion, effectively preventing undue concentration of such uses. A. Conditional Use Permit Required. Upon the effective date of this ordinance no place wherein alcoholic beverages are sold, served, or given away for On-site or Off-site consumption, sha.11 be establ.i.shed without first obtaining a Conditional. Use Permit from the C.i.ty of Lynwood.. A copy of the conditions of approval for the Conditional Use Permits must be kept on the permi.ses of the Establishment and. be presented. to any Peace Officer or any authorized city official upon request. R. On-Sale Liquor Establishments. 1. Definition An on-sale liquor establi-shment shall mean any establishment wherein alcoholic beverages are sold, served or given away for consumption on the premises including any facility which has obtained an Alcoholic Beverage Control license type 47. (on sale beer & wine eating place),type 42 (on-sale Beer and Wine), type 47.(on-sale L. Requirements for. On-Sale Liquor Establishments 2.1 No on-sale liquor establishments shall be maintained within five-hundred feet, (500') of any other establishment wherein alcoholic beverages are sold, for on-site and/or off- si.te consumption, or from such consideration. points as schools (public and private); established churches or other places of wor.shi.p; hospitals, clinics, or otherr hea:Lth-care facilities; public parks and. pl.aygr.ounds and. other similar uses, except that veterans clubs and bona fi.d.e restaurants may be closer than five-hundred feet (500') from one another or any of the referenced consideration points. The distance of 500 feet sha].1. be measured between the nearest entrances used by patrons of such establishments along the shortest route intended and available for. public passage to other such establishments, or to the nearest property line of any of the above-referenced. consideration points. 2.2 A masonry wall. of six feet (6') in height shall be constructed. around the parking area of such establishments when said. area is adjacent to pr.operti.es zoned or used for residential purposes or any of the above referenced consideration points; 2.3 The noise ].eve].s generated. by the operation of such establishment shall not exceed 60 dBA on adjoining properties zoned. or used. for res.i.dential purposes; 'l .4 Exterior lighting of the parking area shall. 6e kept at an intensity of between one (1) and two (2) foot candles, so as to provide adequate lighting for patrons while not d..isturb.ing surrounding residential. or commercial areas. 2.5 The sale of alcohol beverages for consumption off the premises shall. be prohibi.tted. 2.6 Food. must be served. at all hours that the establishment is open for business. 2.7 The Planning Commission reserves the right to impose additional corrective condi.ti.ons should they be proven necessary for. the protection of the public health safety and welfare. 2.8 "Server train.i.ng" and "server intervention" programs to educate establishment's staff and management i.n responsible alcohol service shall be provided by applicant. 2.10 The applicant must bear cost of modi.ficati.ons or cease operation if harm and or retail related problems are demonstrated to occur as a result of anti-social behavior, including but not limited to the congregation of minors, violence on site, drunkeness, vandalism, solicitation and litter. 2.17. All. establishments shall be required to have a public telephone listing. C. Bona Fide Restaurant 1. Definition 1.7 "Bona fide restaurant" sha7.1 mean a place which is regularly used and kept open Yor the serving of meals to guests for compensation and which has suitable kitchen facilities for the cooking of an assortment of foods which may be required for meals. 1.2 A minimum of fifty-one percent (51%) of restaurant's gross receipts shall be from sale of meals. The owner/operator shall submit evidence of total meal sales to the accounting Department of the City of Lynwood, upon request by City officials, for the purpose verifying compliance with this section. 1.3 "Meal" shall mean the usual assortment of foods commonly ordered at various hours of the day; however, a menu offering food and victuals such as sandwiches, snacks, and/or salads only, shall not be deemed as being in compli-once with this requirement. 2. Exceptions to the On-Sale reauirements. 2.1 The "Bona fide restaurant" use is exempt from the following sections in this ordinance namely: section 38.2.1. (distance requirement) 38.2.9 (securi.ty measures) All other On-Sale requirements indicated in section B.2 remain applicable to Bona fide restaurants. D. Off-Sale Liquor Establishments. 1. Definition An off-sale liquor establishment shall mean any establishment, store, convenience market including any facility which has obtained a Type 20 (off-sale beer and wine), Type 21 (off-sale general ), selling alcoholic 2. Requirements for Off-Sale Liquor Establishments 'L.1 Off-Sale liquor establishments shall not sel]. or store motor fuels on the same premises as alcoholic beverages. 2.2 No off-sale liquor establishment shall be mai.ntaf.ned. within five hundred feet (500') of any other establishment wherein alcoholic beverages are sold for both off-site and on- site consumption or such consideration points as schools {public and private), established churches or other places of worship, hospitals, convalescent homes, public parks, and playgrounds and/or other similar uses. The distance of five hundred feet (500') shall be measured between the nearest entrances used by patrons of such establishments along the shortest route intended. and. available for public passage to other establishments, or to the nearest property line of any of the above referenced. consideration pofnts. 2.3 A masonry wall of six feet (6') in height shall be constructed around the parking area of such establishments when said area is adjacent to properties zoned or used for residential purposes, or any of the above referenced consideration points. 2.4 The noise levels generated by the operation of such establishments shall not exceed 60 dBA on adjoining properties zones or used for residential purposes; 2.5 Exterior lighting of the parking area shall be kept at an intensity of between one (1) and two {2) foot candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. 'l .6 The operation of video, or any other electronic games are prohibited in conjunet.ion with the sales of alcoholic beverages. 2.7 The sale of alcoholic beverages for consumption on premises sha].1 be prohibited. The premises shall include the establishment proper and/or the appurtenant common areas if located in a commercial center. 2.8 "Server training" and "server intervention" programs to educate establishments staff and management in responsible alcohol service mua h ha nrnvi Acrl by nr.r.7 i rfl..+ 2.11 Exterior public telephones may not be located on the premises. 2.12 "Sophisticate" magazines shall be located for sale only behind the counter and shall. be stored in rar_ks covered by modesty panels. 2.13 No exterior, or from the exterior. visible, advertising of alcoholic beverages shall be permitted. 'L.14 Exterior storage of any kind is prohibited. 2.15 Litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove trash and. debris on a daily basis. 2.1.6 Paper or plastic cups shall. not be sold in quantities less than their usual and customary packaging. 2.17 The sale of beer shall only be by the six- pack, case, or larger quantity and not by single cans or bottles. The sale of wine coolers shall be by the four-pack, case or larger quantities and not by the single bottle. 2.7.8 Fortified or dessert wine sold shall be in sizes containing no less than 750 milliliters (fifth of.' a gallon). 2.7.9 All establishments shall be required to have a public telephone listing. E. Existing Establishments Selling Alcoholic Beverages (On-Sale and Off-Sale) 1. The requirements of this Ordinance applies to all existing establishments. Any establishment which sells alcoholic beverages for on-site and for off-site consumption existing prior to the adoption of this Ordinance shall he considered to have a deemed-to-be approved Conditional Use Permit under the provisions of this Ordinance regardless if any of these establishments obtained a Conditional Use Permit under the provisions of a prior Ordinance. If any such establishments constitute a threat to the public health, safety or. welfare or creates a publ.i.c nuisance due to illegal drug activity, public drunkenness, gambling, prostitution and solicitation, lewd conduct, harassment to passer by, panhand.ting, etc. may be required to cease nnara ti nn nr~ anr~l<~ Fnr n no..r /`.....7i+i.....,1 Ti.... 3. Any establishment which becomes lawfully established on or. after effective date of this section and. licensed by the State of California for the retai]. sale of alcoholic beverages for on-s]te and off-site consumption, shall obtain a modification of Conditional iJse Permit when, (a) the establishment changes its type of liquor license within a license classification and/or. (b) there i.s a substantial change in the mode of operations of the establishment. 4. Any establishment lawfully existing prior to the effective date of this section and licensed by the State of Cali.forn.ia for the retail sale of alcoholic beverages for on-site and off -si.te consumption, so long as otherwise lawful, may continue in existence, provided said establishment remains in use. In the event that any such establishment ceases to operate or d-iscontinues operation for three (3) months or longer, such an establishment shall not be permitted. at the same :Location without first obtaining a Conditional iJse Permit. The burden of proof shall be on Business License applicants to detex•mine if and. when said establishment was in operation. The provisions of Section 17-39 of the Lynwood Municipal Code, regarding transferability, shall. apply to Business Licenses for said establishments. 5. The Planning Commission shall establish an accelerated abatement program for existing non- conforming establishments not to exceed five (5) years. Existing businesses have 5 years to come into compliance. F. Non-transferability of license No License issued pursuant to this Ordinance shall be transferable. G. Planned Commercia]. Development Any establishment located in a Planned Commercial Development shall be exempt from any restriction relative to location. SF..CTION 4. Chapter. 25-16.17 of the Lynwood Municipal Code pertaining to Service Stations is hereby amended by adding thereto the following: "'L5-16.17 Motor Fuel Providers and Service Station Standards." Prohibited. Uses. The sale of alcoholic beverages, inn7nAina hccn. o..no mfl '1+ ho..ooon~, .. ., ...] SECTION 6. Section 25-8.1, item, shall be deleted in its entirety. SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurdisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. First read at a regular meeting of the City Council of said City held on the 4th day of August 1987 and finally adopted and ordered published at a regular meeting of said Council held on the 18th day of August 1987, by the folllowing vote: AYES:COUNCILMEMBLR BYORK, Ht;NNING, MORRIS, WELLS, RI CHARDS NOES:NONE ABSENT:NONE ABSTAIN:NONE ~~ -----~ Paul H. Richards, II Mayor City of Lynwood ATTEST: Andrea L. Hooper, City Jerk City of Lynwood APPROVED AS TO CONTENT: V' ente L. Mas, irec or Community Development Dept. :~ STATE OF C.4LIFORIVIa ) ss. COiJNTY OF LOS ANGELES ) I, he undersigned, City Clerk o£ the City of Lyri,~ood, and es-officio clerk o£ the Council o£ said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1293 adopted by the City Council of the Cit;~ of Lynwood, and that the same was passed on the date and by the vote therein stated. DATED this 21st day of August 19 87 ~~ City er City of Lynwood