HomeMy Public PortalAboutOrd. 1139t,
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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.
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(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
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Joh D. Byork, Mayor
City of Lynwood
ATTEST:
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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
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Citi Clerk, City o£ u~ nwood
(SEAL)