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ORDINANCE NO.
U ORDINUCB OP THE CITY OP SU BERNARDINO AMENDING CHAPTER
11.06. SECTION 11.06.030(2) (B). OP THE SU BERNARDINO MUNICIPAL
CODB (DEVELOPMENT CODE) PERTAINING TO ALCOHOL BEVERAGE CONTROL
"ABC" LICENSES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SBCTION 1.
Development Code Section 19.06.030(2) (B)
ALCOHOL BEVERAGE CONTROL "ABC" LICENSE, is hereby amended to
permit upgrading of ABC licenses in existing legal,
nonconforming convenience stores with a current "ABC" license
for beer and wine, in the CN District (see Attachment A,
Development Code Pages 1I-94 and 95, attached and incorporated
herein by reference) and which shall add the following
provision:
B.
ALCOHOL BEVERAGE CONTROL "ABC" LICENSE
"An existing legal, nonconforming, convenience store
with a current "ABC" license for beer and wine, in a
CN district, which is within 100 feet of property
designated for residential use,
or used for
residential purposes, may upgrade to liquor sales
subject to approval of a Conditional Use Permit
provided that the establishment is within 100 feet of
a similar use not in the City of San Bernardino."
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AN ORDINANCB OP THE CITY OP SAN BBRNARDINO AMENDING CHAPTBR
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3 CODE (DEVELOPMENT CODE) PERTAINING TO ALCOHOL BEVERAGB CONTROL
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19.06, SBCTION 19.06.030(2) (B), OF THE SAN BBRNARDINO MUNICIPAL
"ABC" LICENSES.
I HEREBY CERTIFY
that the foregoing ordinance was duly
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6 adopted by the Mayor and Common Council of the city of San
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Bernardino at a
meeting thereof, held on the
day of
, 1994, by the following vote, to
wit:
10 Council Members:
11
AXM
.HAXS.
ABSTAIN
ABSENT
NEGRETE
12 CURLIN
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16
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
17 MILLER
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19 city Clerk
20 The foregoing ordinance is hereby approved this
day
of
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Approved as to
25 form and legal content:
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, 19S4.
Tom Minor, Mayor
city of San Bernardino
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JAMES F. PENMAN,
~
By' . G.
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ATTACHMENT A
CO~ClAL DlSTJUcrs ..19.ll6
2. MPA!lU1'P1I'IPnt nf Di!ltanCW!. The distance between any 2 adult
entertainment businesses shall be measured in a straight line,
without regard to intervening structures, from the closest exterior
structural wall of each business. The distance between any adult
entertainment business and any religious institution, school or
public park or any property designated for residential use or used
for residential purposes shall be measured in a straight line,
without regard to intervening structures, from the closest property
line of the adult entertainment business to the closest plopc,l>, line
of the religious institution, school or public park or the plc,!"" ty
designated for residential use or used for residential purposes.
3. Sig1lll. All on-site signage shall conform to Chapter 19.22.
4. Viewinr A1'f!'A.
a. It is unlawful to maintain, operate or manage or permit to be
maintained, operated or managed any adult arade in which
the viewing areas are not visible from a continuous main
aisle or are obsc:uI'I!d by a curtain, door, wall, or other
enclosure. For purposes of this Section, W!wing area means
the area where a patron or customer would ordinarily be
positioned while watching the performance, picture, show
or film.
b. It is unlawful for more than 1 penon at a time to occupy any
indiv:id"A11y pertitioned viewing area or booth.
Co It is unlawful to create, maintain or I-udt to be maintained
any holes or other openiIlgs between any 2 booths or in-
dividual viewing areas for the pua....... 01 providing view-
iDg or physical A': . between the booth or individual view-
iDg area.
do The opening to the viewing area shaD be from the main aisle.
B. ALCOHOL BEVERAGE CONTROL "ABC:- UCENSE
A busiJ1ess or establishment requiring issuance of an "Ale' IicenIe is sub-
ject to a CaIlditional Vie Permit, and shaD cmnply with the following
SIaDdmt(s), in addition to conditions impend by the Commission:
Establishments subject to an off.site "Ale' liCll!llSe shaD not be located
within 500 feet 01 any ft!liginus iDstitution. achoo1. or public park witbin
the City; 100 feet 01 any iMul-lf designated far n!SidentIal use or used
for residential Pw JAlfel; and shaD not be located in such cIase pto.dwlty
to another similar use to cause oversaturation of the neighbomood. The
IicenIe application shaD be R:.Jt,wed by the Police Department prior to
Cty approval.
JIoM
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CO~CIAL DlSTRJCJ'S -19.06
Establishments containing 15,000 square feet or more which do not sell.
alcoholic beverages as the principal business are exempt from the requIre-
ment for a Conditional Use Permit. MC 851 10-5-92
An existing legal, nonconforming, convenience store with a current "ABC"
license for beer and wine, in a CN district, which is within 100 feet of property
designated for residential use, or used for residential purposes, may upgrade to
liquor sales subject to approval of a Conditional Use Permit provided that the
establishment is within 100 feet of a similar use not in the City of San
Bernardino. "
Sit-down restaurants whose predominant function is the service of food
and where the on-site sale of alcoholic beverages is incidental or sec-
ondary are exempt from the requirement for a Conditional Use Permit. An
incidental bar or lounge shall be allowed for the convenience of dining
patrons. (Establishments which are primarily a bar or lounge or have a
bar or lounge area as a principal or independent activity are not included
in this exemption.) MC 840 7-7-92
C. AUTOMOBILE SALES
Automobile sales dealerships, new and/or used, in the City must (X)nform
with the intent of this Development Code and shall enhance and promote
the image of the City. A Conditional Use Permit shall be required, and all
dealerships must be (X)RStructed in the following manner:
L The minimum site area shall be 15,000 square feet, except CR-4
where 1 acre minimum is required.
2. All parts, accessories, etc., shall be stored within a fully enclosed
structure.
3. Service and fSsociated car storage areas shall be completely
screened from public view.
4. All on-site lighting shall be stationary and directed away from
adjoining propel ties and public rights-of-way.
5. All landscaping shall be installed and permanently maintained
pursuant to the provisions of Chapter 19.28 <Landscaping Standards)
6. All on-site signage shall comply with the provisions of Chapter
19.22 (Sign StandaJds)
7. All loading and unloading of vehicles shall oa:ur on-site and
not in adjoining streets or alleys.
8. All vehicles .uodated with the busineIs sha1l be puked or
stoNd on-site and not in adjoining stl.... and alleys.
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