HomeMy WebLinkAboutNS-1994 - Of the Santa Ana Municipal Code to Require a Conditional Use Permit for Sale of Alcoholic Beverage in all Restaurants and TheatersREL:mb(34)
11/15/88
Rev.: 2/7/89
ORDINANCE NO. NS-1994
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 41-196 AND 41-645.5
OF THE SANTA ANA MUNICIPAL CODE TO
REQUIRE A CONDITIONAL USE PERMIT FOR
THE SALE OF ALCOHOLIC BEVERAGES IN ALL
RESTAURANTS AND THEATERS.
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 estab-
lishment may sell alcoholic beverages for either on-site
or 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)
Club or lodge establishments where admit-
tance is limited to members and guests
invited by members and where the sale of
alcoholic beverages is clearly incidental
to other activities conducted on the
premises.
(2)
Florists shops offering the sale of a
bottle of an alcoholic beverage together
with a floral arrangement.
(3)
Retail markets which have twenty thousand
(20,000) square feet or more of floor area
and which devote not more than ten (10) per
cent of such floor area to the sale, dis-
play, and storage of alcoholic beverages.
· 057
ORDINANCE NO. NS-1994
PAGE TWO
SECTION 2: That section 41-645.5 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 41-645.5. Same--conditional use permits for the sale
of alcoholic beverages.
(a) Notwithstanding any other provision of this
article, and subject to subsection (b) of this section,
the decision of the planning commission on any application
for a conditional use permit for the sale of alcoholic
beverages pursuant to section 41-196 shall be final and
shall not be subject to appeal to the city council.
(b) Within two (2) days following the date of a
planning commission decision on a conditional use permit
for the sale of alcoholic beverages, the planning manager
shall send a written report of such decision to the
members of the city council. If, within twenty-one (21)
days following the date of such a planning commission
decision, the city council sets the matter for public hear-
ing, then the decision of the planning commission shall
be vacated and the conditional use permit application
shall be heard and decided by the city council.
(c) In the event that authority to grant or deny
conditional use permits for the sale of alcoholic beverages
is delegated to the zoning administrator pursuant to section
41-630(b), then, with regard to any such conditional use
permit, the hearing referenced in section 61-643 shall be
by the planning commission rather than the city council,
and an appeal from the decision of the zoning administrator
pursuant to section 41-645 shall be to the planning com-
mission rather than the city council.
SECTION 3: In accordance with section 41-630(b) of the Santa
Ana Municipal Code the City Council hereby consents to the
delegation by the Planning Commission to the Zoning Admini-
strator of authority to act on conditional use permit applica-
tions pertaining to the sale of alcoholic beverages.
SECTION 4: 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 of
competent jurisdiction, such decision shall not affect the
ORDINANCE NO.
PAGE THREE
NS-1994
059
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, sen-
tence, 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 unconsti-
tutional.
SECTION 5: 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
as affecting any of the provisions of such ordinance relating
to the collection of any such license or penalty or the penal
provision applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any
ordinance and all rights and obligations thereunder appertain-
ing shall continue in full force and effect.
ADOPTED this 2]$t day of February , 1989.
ATTEST:
COUNCILMEMBERS:
Young
McGuigan
Acosta
Griset
May
Pulido
~ye
Aye
A,¥e
APPROVED AS TO FORM:
City Attorney