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HomeMy Public PortalAboutOrd. 1139t, a '' ORDINANCE N0. 1739 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE ZONING ORDINANCE ~ (ORDINANCE NO. 570) TO ALLOW VETERANS CLUBS CHARTERED BY THE UNITED STATES CONGRESS TO HAVE ON SITE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THREE HUNDRED FEET (300®) OF RESIDENTIALLY ZONED PROPERTY WITH A CONDI- TIONAL USE PERMIT, TO REQUIRE THAT THE BURDEN OF PROOF BE PLACED ON THE APPLICANT IN PROVING THAT AN ON SALE LIQUOR ESTABLISHMENT WAS IN OPERATION AT THE APPLICANT'S PROPOSED BUSINESS ADDRESS WITHIN SIX (6) MONTHS OF THE APPLICATION DATE, TO DELETE SECTION 15.03 OF SAID ZONING ORDINANCE, AND TO ADD SECTION 8.11 TO THE SAME. The City Council of the City of Lynwood DOES HEREBY ORDAIN as follows: Section 1. Section 15.03 of the Zoning Ordinance is amended to delete ,the following: Section 15.03. Restriction of uses. (a) Notwithstanding the provisions of Chapters IV, V, VI, VII, VIII, VIIIA, IX, and XI, no bar, cocktail lounge, dance hall, public ballroom, or night club nor any other place or estab- lishment wherein alcoholic beverages are sold, served or given away for consumption on the premises and requiring an on sale liquor license issued by the State of California, nor any such portion there is located such a licensed busi- ness or use, shall be located nearer than three hundred feet (300') to any residentially zoned property (that is any property in an R Zone). (789) (b) Any establishment lawfully existing prior to the effective date of this section and licensed by the State of California for retail sale of alcoholic beverages for on-sale consumption, so long as otherwise lawful, may continue in existence so long as said establishment remains in use. In the event any such establishment ceases to operate or discontinues operation for six (6) months then the provisions of this para- graph (b) shall not apply. Section 2. Section 8.01, Item Number 46 is amended to read as follows: 46. Restaurant, tearoom, cafe, cocktail bar (Pro- vided that the requirements of Section 8.11 are met). Section 3. Section 8.00 is amended by adding Section 8.11 "RESTRICTION OF ON SALE LIQUOR ESTABLISHMENTS" to read as follows: (a) No bar, cocktail lounge, dance tavern, public ballroom, or nightclub nor any other establish- ment wherein alcoholic beverages are sold, served or given away for consumption on the premises and requiring a State of California on sale liquor license, nor any such portion of a building, in which portion there is located such a licensed business or use, shall be located closer than three hundred feet (300') to any residentially zoned property. a (b) Any establishment lawfully existing prior to the effective date of this section and licensed by the State of California for retail sale of alcoholic beverages for on-sale consumption so long as otherwise lawful, may continue in existence provided said establishment remains in use. In the event that any such establish- ment ceases to operate or discontinues operation for six (6) months or longer, such an establish- ment shall not be permitted at the same location. The burden of proof shall be on business license applicants to determine when an establishment was in operation. (c) Veterans clubs chartered by the United States Congress for patriotic, fraternal or benevolent purposes shall be exempt from paragraph (a) of this section, provided a Conditional Use Permit is obtained. Section 4. Severability. If any section, subsection, sub- division, sentence, clause, phrase or portion o£ 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 remainiing 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, subdivision, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. Section 5. 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 6th day of October 1981, and finally ordered published at a regular meeting of said Council held on the 20th day of October , 1981. AYES: COUNCILMEN Rowe, Thompson and Byork NOES: COUNCILMEN None ABSENT: COUNCILMEN Green and Morris ~. f~ J /i .~/ ~ ~~ Joh D. Byork, Mayor City of Lynwood ATTEST: ~~r~.~.~~.,~ ~, Laurene Coffey, i~k City of Lynwood APPROVED AS TO CONY//T/f,~ENT: APPROV AS TO Charles G. Gomez City Attorney sTaTE of cAL1FORNZA ) 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, -1132 adopted by the City Council of the City of" Lynwood, and that the same waa passed on the date and by the vote therein stated. Dated this ~ ~~ day of 0ctnhar , 19 81 r' ~i~~,~-« n ~ ~a- Citi Clerk, City o£ u~ nwood (SEAL)