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No. 1246 shall be repealed in its entirety.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