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324 <br /> <br />ORDINANCE NO. NS- 1945 <br />Page two <br /> <br /> (2) Retail markets which have twenty thousand <br /> (20,000) square feet or more of floor area and which <br /> devote not more than ten (10) per cent of such floor <br /> area to the sale, display and storage of alcoholic <br /> beverages. <br /> <br /> (3) Club or lodge establishments where admit- <br /> tance is limited to members and guests invited by <br /> members and where the sale of alcoholic beverages <br /> is clearly incidental to other activities conducted <br /> on the premises. <br /> <br /> (4) Theaters and concert halls which satisfy <br /> the following requirements: <br /> <br /> (i) The establishment has permanently <br /> affixed seats so arranged as to provide all spec- <br /> tators with a direct and unobstructed view of the <br /> stage upon which live theatrical or musical per- <br /> formances are given. <br /> <br /> (ii) The sale of alcoholic beverages is <br /> clearly incidental to such performances and the <br /> revenue derived from the sale of alcoholic bever- <br /> ages is insubstantial when compared to the revenue <br /> derived from the sale of tickets for admission to <br /> such performances. <br /> <br /> (5) Florists shops offering the sale of a <br /> bottle of an alcoholic beverage together with a <br /> floral arrangement. <br /> <br /> SECTION 2: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to be <br />invalid or unconstitutional by the decision of any court of compe- <br />tent jurisdiction, such decision shall not affect the validity of <br />the remaining portions of this ordinance. The City Council of the <br />City of Santa Ana hereby declares that it would have adopted this <br />ordinance and each section, subsection, sentence, clause, phrase or <br />portion thereof irrespective of the fact that any one or more <br />sections, subsections, sentences, clauses, phrases, or portions be <br />declared invalid or unconstitutional. <br /> SECTION 3: Neither the adoption of this Ordinance nor <br />the repeal hereby o~ any ordinance shall in any manner affect the <br />prosecution for violation of ordinances, which violations were <br />committed prior to the effective date hereof, nor be construed to <br />the collection of any such license or penalty or the penal provi- <br />sion applicable to any cash deposit in lieu thereof, required to <br /> <br /> <br />