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HomeMy WebLinkAboutMC-1000 Adopted: July 21, 1997 Effective: August 21, 1997 ORDINANCE MC-1000 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING ALCOHOL BEVERAGE CONTROL "ABC" LICENSE STANDARDS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 19.06.030(2) (B) ALCOHOL BEVERAGE CONTROL "ABC" LICENSE is amended to add a new provision to read as follows 7 (see Attachment i-A, Development Code Page 11-84, a copy of which 8 is attached hereto and incorporated herein by reference): 9 "These locational criteria are not applicable to existing off- 10 11 12 13 "ABC" LICENSE is amended to add numbering to make all of the 14 15 16 17 site "ABC" licenses which are to be transferred to a new site within 75 feet of the currently licensed facility." SECTION 2. Section 19.06.030(2) (B) ALCOHOL BEVERAGE CONTROL paragraphs sequential subsections (see Attachments i-A and 1-B, Development Code pages 11-84 copies of which are and 11-85, attached hereto and incorporated herein by reference). IIII 18 IIII 19 IIII 20 21 22 23 24 25 26 27 28 1 Me-l000 1 ORDINANCE. . .AMENDING CHAPTER 19.06 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) REGARDING ALCOHOL BEVERAGE 2 CONTROL "ABC" LICENSE STANDARDS. 3 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 4 by the Mayor and Common Council of the city of San Bernardino at a 5 joint regular meeting thereof, held on the 6 of 7 8 July , 1997, by the following vote, to wit: Council Members: AYES NEGRETE x 9 CURLIN 10 11 12 13 -1L ARIAS -1L- OBERHELMAN -1L- DEVLIN ANDERSON -X- 14 MILLER -X- 15 16 17 18 19 of 20 21 22 23 24 21 day NAYS ABSTAIN ABSENT x 4 - 0,. /- ~ ~L--r'-- -CITY CLERK The foregoing ordinance is hereby approved this .13M July , 1997. Approved as to form and legal content: JAMES F. PENMAN, City Attorney ~: By:_~~j 27 28 day ~ J1tt(J~ T6M INOR, Mayor , city of San Bernardino 2 Me-l000 ATTACHMENT I-A COMMERCIAL DISTRICTS - 19.06 3. ~. All on-site signage shall conform to Chapter 19.22. 4 Viewine: Area. a. It is unlawful to maintain, operate or manage or permit to be maintained, operated or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this Section, viewing 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 person at a time to occupy any individually partitioned viewing area or booth. c. It is unlawful to create, maintain or permit to be maintained any holes or other openings between any 2 booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area. d. The opening to the viewing area shall be from the main aisle. B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE A business or establishment requiring issuance of an "ABC" license is subject to a Conditional Use Permit, and shall comply with the following standard(s), in addition to conditions imposed by the Commission: 1. Establishments subject to an off-site "ABC" license shall not be located within 500 feet of any religious institution, school, or public park within the City; 100 feet of any property designated for residential use or used for residential purposes; and shall not be located in such close proximity to another similar use to cause oversaturation of the neighborhood. The license application shall be reviewed by the Police Department prior to City approval. 2. These locational criteria are not applicable to existing off-site "ABC" licenses which are to be transferred to a new site within 75 feet of the currently licensed facility. 3. Establishments containing 15,000 square feet or more which do not sell alcoholic beverages as the principal business are exempt from the requirement for a Conditional Use Permit. MC 851 10/5/92. 4. 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. MC 914 11-8-94. 11-84 11/94 Me-l000 ATTACHMENT l-B COMMERCIAL DISTRICTS - 19.06 5. Sit-down restaurants whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary 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 845 7/7/92. C. AUTOMOBILE SALES Automobile sales dealerships, new and/or used, in the City must conform 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 constructed in the following manner: I 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 associated car storage areas shall be completely screened from public view. 4 All on-site lighting shall be stationary and directed away from adjoining properties 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 Standards). 7 All loading and unloading of vehicles shall occur on-site and not in adjoining streets or alleys. 8. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys. 9 An adequate on-site queuing area for service customers shall be provided. Required parking spaces may not be counted as queuing spaces. 10. No vehicle service or repair work shall occur except within a fully enclosed structure. Service bays with individual access from the exterior of the structure shall not directly face or front on a public right-of-way 11-85 7/92