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202 ORDINANCE NS-2278 SECTION 5: That section 41-442.5 of the Santa Ann Municipal Code is hereby amended to read as follows: sec. 41-442.5. Uses subject to a conditional use permit in the CR district. The following uses may be permitted in the CR district subject to the issuance of a conditional use permit: Hotels, motels, lodging houses, c~raternity (a) houses and sorority ho~~?~. Service stat'~3~hey ~ ¥&n~e~rate9 into a (b) larger deve~'~~l~~_ ~o.n.l~y_~b~y\limited access ways ~}'~]~-me ~ndoor swa~~nd~~~ home Eating estab~e~3f~3~f~ hours f~t of r~s~~d .or ~ pro~, measured from property ~e to propert~ine. (e) Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. SECTION 6: No retail market having less than twenty thousand square feet of floor area shall operate between the hours of 12:00 midnight and 5:00 a.m. after the effective date of this ordinance without a conditional use permit to do so, unless it has actually operated during all or part of those hours on a regular basis prior to the said effective date, regardless of whether a building permit has been issued by the City of Santa Ann prior to said effective date for the construction of such a retail market. SECTION 7: This ordinance is adopted as an emergency measure for preserving the public peace, health or safety in accordance with section 415 of the Charter of the city of Santa Ann. It has been introduced and adopted at the meeting of the city Council held on the date herein below stated and shall be effective immediately in accordance with section 417 of the said Charter. The reasons for the urgency of this ordinance are as follows: The operation of small markets between the hours of 12:00 midnight and 5:00 a.m. presents potential crime problems which require regulation through the conditional use permit process. Unless this ordinance becomes effective immediately upon adoption, small markets may initiate such all-night use prior to the effective date in order to evade the conditional use permit requirement.