HomeMy WebLinkAboutNS-1859 - Of the Santa Ana Municipal Code Revising the Regulation of the Sale of Alcoholic Beverages in Retail MarketsREL: adg-6
9/18/86
ORDINANCE NO. NS-1859
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 41-196 OF THE SANTA
ANA MUNICIPAL CODE REVISING THE
REGULATION OF THE SALE OF ALCOHOLIC
BEVERAGES IN RETAIL MARKETS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Section 41-196 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-196. Establishments selling alcoholic beverages.
(a) Except as provided in subsection (b), no
establishment may sell alcoholic beverages for either on-
site of off-site consumption unless a conditional use
permit has been approved for such establishment pursuant
to Article V of this chapter.
(b) A conditional use permit shall not be required
for any establishment for which a land use certificate
has been issued pursuant to sections 41-675 through 41-
677. A land use certificate shall be issued for an
establishment which serves alcoholic beverages for either
on-site or off-site consumption only if the establishment
falls within one of the following categories:
(1) Restaurants satisfying the following standards:
(i) The establishment is licensed by the State
of California as a bona fide eating establishment.
(ii) The bar or lounge area contains less floor
area than the dining area and has no separate entrance
from outside the building.
(iii) The kitchen is fully equipped and perma-
nently maintained.
(iv) A solid masonry wall at least six and one-
half (6-1/2) feet in height is maintained on any
property line which abuts residential property.
ORDINANCE NO. NS-1859
PAGE TWO
(2) Retail markets which have twenty thousand (20,000)
square feet or more of floor area and which devote not
more than ten (10) percent of such floor area to the
sale, display, and storage of alcoholic beverages.
(3) Retail markets which have less than twenty thousand
(20,000) square feet of floor area and which satisfy the
following standards:
(i) The establishment is located at least five
hundred (500) feet from any school, residence, church,
or park and from any other establishment licensed to
sell alcoholic beverages by the State of California.
(ii) Not more than ten percent (10%) of
area is devoted to the sale, display, and
alcoholic beverages.
the floor
storage of
(iii) The sale of alcoholic beverages is not
advertised by signs directed toward persons outside
of the building.
(iv) The establishment does not provide any video
or arcade games.
(v) The sale of market goods is not carried on in
conjunction with the sale of gasoline or other vehicle
fuel.
(4) Club or lodge establishments where admittance is to
members and guests invited by members and where the sale
of alcoholic beverages is clearly incidental to other
activities conducted on the premises.
(5) Theaters and concert halls which satisfy the following
requirements:
(i) The establishment has permanently affixed seats
so arranged as to provide all spectators with a direct
and unobstructed view of the stage upon which live
theatrical or musical performances are given.
(ii) The sale of alcoholic beverages is clearly
incidental to such performances and the revenue
derived from the sale of alcoholic beverages is
insubstantial when compared to the revenue derived
from the sale of tickets for admission to such
performances.
ORDINANCB NO. NS--1859
PAGE THINE
(6) Florists shops offering the sale of a bottle of an
alcoholic b~v~rao~ to0~th~r with a floral arran0~msnt.
SECTION 2: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court
or competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or uncon-
stitutional.
SECTION 3: Neither the adoption of this Ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
to the collection of any such license or penalty or the penal
provision applicable to any cash deposit in lieu thereof, re-
quired to be posted, filed or deposit pursuant to any ordinance
and all rights and obligations thereunder appertaining shall
continue in full force and effect.
ADOPTED this 20th day of October , 1986.
Daniel E. Griset
Mayor
ATTEST:
Janice C. Guy
Clerk of the Council
COUNCILMEMBERS:
Griset Aye
Acosta Aye
Hart Ave
Johnson Aye
Luxembourger Aye
McGuigan Absent
Young Aye
APPROVED AS TO FORM:
E-dwar~ ~L Co~per
City At t o~flT~y