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No. 1.266, December 3, 1985, shall be repealed in its entirety.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
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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
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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
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City er
City of Lynwood