HomeMy Public PortalAboutOrd. 1194ORDINANCE NO. 1194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD AMENDING ORDINANCE NO. 570, THE
ZONING ORDINANCE, PERTAINING 'PO ON-SALE LIQUOR
ESTABLISHMENTS WITHIN THREE-HUNDRED (300) FEET
OF RESIDENTIALLY ZONED PROPERTIES
The City Council of the City of Lynwood DOES HEREBY
ORDAIN as follows:
SECTION 1. Section 25-8.8 of Chapter 25 of the Lynwood
Municipal Code, the Zoning Ordinance, shall be deleted in its
entirety.
SECTION 2. Section 25-8.8 of Chapter 25 of the Lynwood
Municipal Code, the Zoning Ordinance, shall be added to read as
follows:
25-8.8 Restriction of On-Sale Licuor Establishments
a. The sale of liquor, beer, wine or any alcoholic
beverage for on-site consumption shall not be
permitted within three hundred (300) feet of any
property zoned or used for residential purposes,
except in the following cases:
1. Veterans' 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.
b. The uses described in Nos. 1 and 2 of paragraph a.
shall only be permitted if a Conditional Use Permit
is obtained and the following development standards
are met:
1. A masonry wall of six (6) feet 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 establishments shall not exceed 60 dBA on
adjoining properties zoned or used for residen-
tial 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 sur-
rounding residential or commercial areas.
c. Any establishment lawfully existing prior to the
effective date of this section and licensed by the
State of California for the retail sale of alcoholic
beverages for on-site consumption, so long as other-
wise lawful, may continue in existence, provided
said establishment remains in use. In the event
that any such establishment ceases to operate or
discontinues operation for three (3) months or
longer, such an establishment shall not be permitted
at the same location. The burden of proof shall be
on Business License applicants to determine if and
when said establishment was in operation. The
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provisions of Section 1.7-39 of the Lynwood
Municipal Code, regarding transferability, shall
apply to Business Licenses .for said establishments.
'SE'CTION 3. 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
thereof, irrespective of the fact that any one or more section,
subsection, sentences, clauses, phrases, or portions, or the
application thereof to any person or place, be declared invalid or
unconstitutional.
SECTION 4. The City Clerk is hereby ordered and directed
to certify to the passage of this ordinance and to cause the same
to be published once in the Lynwood Press, a newspaper of general
circulation, printed, published, and circulated in the City of
Lynwood.
First read at a regular meeting of the City Council of
said City held on the lit day of Fahriiary 1983, and
finally ordered published at a regular meeting of said Council
held on the 1Fth day of Fahruary 1983.
AYES: Councilmen Byork, Green, Morris, Rowe, Thompson
NOES: None
ABSENT: None
LOUIS THOMPSON, YOR
City of Lynwood
ATTEST:
Andrea Hooper, City lerk
APPROVED AS TO FORM:
f ~ ~,~~
City Attorney
APPROVED AS TO CONTENT:
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n~ a M. Read, Director
Conununity Development Department