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HomeMy Public PortalAboutOrd. 1261ORDINANCE N0. 1261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE LYNWOOD.MUNICIEAL CODE BY PROVIDING CITY- WIDE REGULATIONS OF ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION, WITH MINOR CHANGES TO EXISTING REGULATIONS OF SALES FOR ON-SITE CONSUMPTION 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 The City Council hereby finds and determines that Ordinance No. 1246 shall be repealed in its entirety. SECTION 2. Section 25-16.20 pertaining to on-sale liquor establishments shall be deleted in its entirety. SECTION 3. Anew subdivision pertaining to on-sale and off-sale establish- ments shall be added as follows: "25-16.20 Restriction of Liquor Establishments The purpose of the regulations of this part, pertaining to liquor establishments is to restrict the location of such activity and to prohibit their location in proximity to one another, or to facilities primarily devoted to use by children and families and the general public, thereby limiting the number of such uses in the city and, in addition, effectively preventing undue concentration of such uses. A. Conditional Use Permit Required. Upon the effective date of this ordinance, no restaurant, bar, cocktail lounge, dance hall, public ballroom, night club, or private club, or any other place wherein alcoholic beverages are sold, served, or given away for consumption on-site or off-site shall be established without first obtaining a Conditional Use Permit from the City of Lynwood. B. On-sale Liquor Establishments No such establishment or use for on-site consumption shall be maintained within three hundred feet (300') of another such use or any property zoned or developed for residential purposes, except in the following cases: ° (1) Veteran's clubs chartered by the United States Congress for patriotic, fraternal or benevolent purposes; (2) Bona fide restaurants, as defined in Section 25-2 of this chapter. The uses described in Nos. (1) and (2) above shall only be per- mitted if a Conditional Use Permit is obtained and the following development standards are met; (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 pur- poses; (2) The noise levels generated by the operation of such establish- ments,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 dis- turbing surrounding residential or commercial areas. (4) The distance of three hundred feet (300') shall be measured between the nearest entrance used by the patrons of the establishment to the nearest residential property. C. Off-Sale Liquor Establishments Packaged Liquor~Stores "Packaged Liquor Store" shall mean. any establishment selling alcoholic beverages in an unopened container. (1) Packaged liquor stores shall not sell or store gasoline on the same premises as alcoholic beverages. (2) A packaged liquor store shall not be located within five hundred feet (500') of another packaged liquor store. The distance of five hundred feet (500') shall be measured be- tween the nearest exterior walls of such establishments along the shortest route intended and available for public passage to such establishments. D. Non-transferablility of Licenses No license issued pursuant to this ordinance shall be transferable. E. Existing Non-conforming Uses Existing establishments which sell alcoholic beverages may not be continued or re-established wi-thou t. 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 substantial 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 on the applicant to determine when said establishment was in operation. SECTION 4. Chapter 25-16.17 of the Lynwood Municipal Code pertaining to Service Stations is hereby amended by adding thereto the following: "25-16.17 Motor Fuel Providers and Service Station Standards." p. Prohibited Uses. The sale of alcoholic beverages, including bee, 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: "49. Restaurant, tearoom, cafe, cocktail bars, provided that the re- quirements of Section 25-16.20 are met." SECTION 6. 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 of 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 unconsti- tutional. First read at a regular meeting of the City Council of said City held on the lst_ day of OCtobeT 1985, and finally ordered published at a regular meeting of said Council held on the 19th day of November 1985. AYES: COUNCILMEN HENNING, MORRIS, ROlUE, TIIOMPSON, BYORK NOES: NONE ABSENT: NONE ~~ ~G~ JOHN D BYORK, Mayor City of Lynwood ATTEST: I~~~~~GL/~-C~~i C/// /RY-ce'G`-'1LC~N `Andrea L. Hooper, City Clerk City of Lynwood APPROVED AS TO CONTENT: ~~~ Patrick P. Impor~una, Director Community Development Department APPROVED AS TO FORM: E. Kurt Yeager, Ge a ounsel STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy"of Ordinance No. 1261 adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 20th day of November lUII5. (SEAL) ~~n~~~ ~,!~~ City Clerk, City of Lynwood