MINOR EXCEPTION REQUIREMENT FOR SALE OF ALCOHOLIC BEVERAGES

Home Browse Search

OFFICE OF THE CITY ATTORNEY OPINION N0. 74-~$ April 24, 1974 SUBJECT: Minor Exception Requirement for Sale of Alcoholic Lieverages REQLTESTF..D BY: Planning Department OPIPIION BY; James A. Withers, City Attorney BY; Richard E. Lay, Deputy QUESTION- Where premises in an '~I-1 zone are more. than 300 feet away from any agricultural or residential zone and more than 300 feet away from any property used for residential purposes, but are within 300 feet of property used for acTricultu- ral purposes, is the owner of the pre- . miser required to obtain a minor excep- tion to serve alcoholic beverages .for consumption on the premises? ANSWER: No. The minor exception requirement should only be applied where the subject premises are within 300 feet of .property which is actually used as a residence or which is in an A-1 gone or any of the R zones. ANALYSIS: Santa Ana Municipal Code Section 41-472 sets .forth the uses permitted in an M-1 zone. Paragraph (10) therein reads as follows: Restaurants and employee cafeterias; provided that no such establishment selling liquor or beer for consumption on the premises may operate or locate within three hundred (300) feet of any__ property zoned or used for residential or agri- cultural purposes without first obtaining a minor exception permit. Nn minor. exception permit shall be required when any property within three hundred (.300) feet of an existing restaurant or employees cafeteria selling liquor or beer for consumption on the premises subsequently is zoned or used for residential or agricultural purposes. Several other code sections set forth an identical provision for other use districts. The legislative intent behind such a provision was apparently to prevent liquor-serving establishments from -52-