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Home My Public Portal AboutOrd. 1306~~ ~e ~ ~~. S ORDINANCE NO. 1306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE LYNWOOD MUNICIPAL CODE BY PROVIDING CITY-WIDE REGULATIONS OF ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES FOR ON-SITE AND OFF-SITE CONSUMPTION. P ~ .' ~4 THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, RESOLVE, AND DETERMINE AS FOLLOWS: SECTION 1. The City Council hereby finds and determines that Ordinance No. 1266 shall be repealed in its entirety. SECTTON 2. Section 25-16.20 pertaining to on-sale liquor establishments shall be deleted in its entirety. SECTION 3. A new subdivision pertaining to on-sale and off- sale establishments shall be added as follows: 25-16.20 LIQUOR ESTABLISHMENTS 25-16.20.1 The City Council finds and determines that establishments engaged in the sale of alcoholic beverages present problems that are encountered by residents of Lynwood including, but not limited to, littering, loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using the streets, defacement and damaging of structures, discouragement of more' desirable and needed commercial uses and other similar problems connected primarily with the regular congregation of person around such establishments. 25-16.20.2 These regulations are intended and designed to deal with and ameliorate these problems and conditions by restricting the location of such uses in relation to one another, and their proximity to facilities and the general public, thereby limiting the number of such uses in the City and preventing undue concentration of such uses. 25-16.30 Conditional Use Permit Required On and after the effective date of this ordinance no place wherein alcoholic beverages are sold, served, or given away for on-site or off-site consumption, shall be established without first obtaining a Conditional Use Permit from the City of Lynwood. 25-16.40 On-sale Liquor Establishments No on-sale liquor establishments shall be main- tained within five-hundred feet (500') of any other establishment wherein alcoholic beverages are sold, for on-site and/or off-site consumption, or from any residential use or from DISK 28:Ligord 1 ' r such consideratoh piiints as schools (public anal private); established churches or other place of worship; hospitals, clinics, or other health care facilities; public parks and paygrounds and other similar uses, except that veterans clubs and bona fide restaurants may be closer than five-hundred feet (500') from one another or less than 150 feet from any of the referened consideration points. All distances 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 such establishments, or to the nearest property line of any of the above- referenced consideration points. 1) 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: 2) The noise levels generated by the operation of such establishment shall not exceed 60 dBA on adjoining properties zoned or used for residential purposes; 3) 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. 4) A minimum of fifty-one percent (51%) of restaurants gross receipts shall be from food sales. The owner/operator shall submit evidence of total food sales to the Accounting Department of the City of Lynwood, one year after approval of the Conditional Use Permit by the Planning Commission. 25-16.50 Off-sale Liquor Establishments No off-sale liquor establishment shall be maintained 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 to other establishments, or to the nearest property line of any of the above referenced consideration points. DISK 28:Ligord 2 25-16.55 25-16.60 25-16.70 -sale or ,_ ~. establis not s as 1. No beer or wine shall be displayed within five (5) feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 19877. 2. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. 3. No sale of alcoholic beverages shall be made from a drive-in window. 4. No display or sale of beer or wine shall be made from an ice tub. 5. No beer or wine advertising shall be located on motor fuel islands and no self- illuminated advertising for beer or wine shall be located on buildings or windows. 6. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine. Existina Establishments Selling Alcoholic Beverages Existing establishments which sell alcoholic beverages may not be continued or re- established without conditional use approval granted in accordance with the provisions of this ordinance, if any of the following occur after the effective date of this ordinance: 1) The establishment changes its type of liquor license within a license classification; or 2) There is a substancial change in the mode or character of operation of the establishment; or 3) The establishment is abandoned or has discontinued operation for three (3) months. The burden of proof shall be upon the applicant to determine when said establishment was in operation. Non-transferability of Licenses No license issued pursuant to this ordinance shall be transferable. SECTION 4. Chapter 25-16.17 of the Lynwood Municipal Code pertaining to Service Stations is hereby deleted in its entirety: "25-16.17 Motor-Fuel Providers and Service Station Standards." DISK 28:Ligor3 3 .. - r ,, ~~° p. Prohibited Uses. The sale of alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for off- site consumption shall be prohibited." SECTION 5. Section 25-8.1 of Chapter 25, the Zoning Ordinance, shall be amended to read as follows: "50. Restaurant, tearoom, cafe, cocktail bars, provided that the requirements of Section 25-16.20 through Section 25- 16.70 are met." SECTION 6. Section 25-8.1, Item 23, 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 jurisdiction, 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, Subdivisions, 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 7th day of June 1988, and finally ordered published at a regular meeting of said Council held on the 21st day of June 1988. AYES: WiJNCILMFTIBER HEINF:, HENNING, MORRIS, WELLS, RICHARllS NOES: NONE ABSENT: NONE /~//l/ PAUL H. RICHARDS,II, Mayor City of Lynwood ATTEST: - - ~~~~ ~~~ ANDREA HOOPER, City Cle k APPROVED-A TO CONTENT: Ken.ick R. Karefa-Johhson Interim Director Community Development Dept. DISK 28:Ligord