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HomeMy WebLinkAboutMC-914 Effective: December 8, 1994 1 ORDINANCE NO. MC-914 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.06, SECTION 19.06.030 (2) (B) , OF THE SAN BERNARDINO MUNICIPAL 3 CODE (DEVELOPMENT CODE) PERTAINING TO ALCOHOL BEVERAGE CONTROL "ABC ' LICENSES. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. Development Code Section 19. 06. 030 (2) (B) 7 ALCOHOL BEVERAGE CONTROL "ABC" LICENSE, is hereby amended to 8 permit upgrading of ABC licenses in existing legal, 9 nonconforming convenience stores with a current "ABC" license 10 for beer and wine, in the CN District (see Attachment A, 11 Development Code Pages II-94 and 95, attached and incorporated 12 herein by reference) and which shall add the following 13 provision: B. ALCOHOL BEVERAGE CONTROL "ABC" LICENSE 14 15 "An existing legal, nonconforming, convenience store 16 with a current "ABC" license for beer and wine, in a 17 CN district, which is within 100 feet of property 18 designated for residential use, or used for 19 residential purposes, may upgrade to liquor sales 20 subject to approval of a Conditional Use Permit 21 provided that the establishment is within 100 feet of 22 a similar use not in the City of San Bernardino. " 23 24 25 26 27 28 1 MC-914 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2 19.06, SECTION 19.06.030 (2) (B) , OF THE SAN BERNARDINO MUNICIPAL 3 CODE (DEVELOPMENT CODE) PERTAINING TO ALCOHOL BEVERAGE CONTROL 4 "ABC^ LICENSES. 5 I HEREBY CERTIFY that the foregoing ordinance was duly 6 adopted by the Mayor and Common Council of the City of San 7 Bernardino at a joint regular meeting thereof, held on the 8 7th day of November 1994 , by the following vote, to 9 wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 NEGRETE % 12 CURLIN % _ 13 HERNANDEZ X 14 OBERHELMAN % 15 DEVLIN % 16 POPE-LUDLAM % 17 MILLER X 18 19 City Clerk 20 The foregoing ordinance is hereby approved this %�- 2 day 1 Of November 19S4 . 22 23 24 Tom Min r, Mayor` City of San Bernardino Approved as to 25 form and legal content: 26 JAMES F. PENMAN, 27 City Attorney 28 By (nN! 2 MC-914 ATTACHMENT A CONEWMCIAL DISTRICTS 19,06 2. Measurement of Distanre. 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 property line of the religious institution,school or public park or the property designated for residential use or used for residential purposes. 3. E1giL& All on-site signage shall conform to Chapter 19.22. 4. Viewing 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 in- dividual viewing areas for the purpose of providing view- ing or physical access between the booth or individual view- ing 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 sub- ject to a Conditional Use Permit,and shall Comply with the following standard(s),in addition to conditions imposed by the Commission: 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. II 94 7192 MC-914 COMMERCIAL DISTRICTS-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 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: 1. 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 1922 (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. U-95 ]/94 tev.a tl.l.w M tMM..1M.alttl9 Proof of Publication C�E�j '94 NOV 21 P 1 :10 CITY CLERK'S OFFICE STATE OF CALIFORNIA, }ss. SOMMARr OF— County of San Bernardino, A mNArt ce wNOiher`c nla San Bernardino amending 19 19n�Utz(i)(B)Got Section The undersigned hereby certi fies as follows: rte rnardmo Municipal 1 am a cltiun of the United States, over the age of twenty- y Carte(Development Code) ev- one ears, and not a erage pertaining t of "ABl eev- earsa Control ABC"Li- party to nor Interested in the above-entitled matter; I am the principal clerk of the tenses. tinter of a newspaper, Adopted:NovemWr r, 1994 p p per,to wit, The Sur.; the same was at all time herein mentioned a Etlecnve:Decemger a,1994 Vote:AYES:Council Mem- rlewspaper of general circulation printed and published daily,including Sunday,in the bars Negrate,Curran,Her- City of San Bernardino, in the County of San Bernardino, State of California; said Papne-'uei maeMill it newspaper is so published ever day of the year as and under the na NAVS: None. P Y Y Y ma of The Sun,said ABSENT: Council Memner newspaper has been adjudged a newspaper of general circulation by the Superior FULL TEXT OF THIS OR- Court of the State of California, in and for the Count of San Bernardino,b a jud - DINANCE IS AVAILABLE Y y I g IN THE OFFICE OF THE ment of said Superior Court duly made, filed and entered on June 20, 1952, in the CITY CLERK records and files of said Superior Court in that certain proceeding entitled In the Mat- PTO MINOR ' ter of the Ascertainment and Establishment of The Sun as a Newspaper of General Cir- c N HH L CLARK culation, numbered 73084 in the records of civil roceedin s in said Superior Court summary approved uv: P g Ix Dennis A. isergwSenior and by Judgment modifying the same,also made,filed and entered in said proceeding; nns tits_) Jrn the notice or other process or document hereinafter mentioned was set, printed and published in type not smaller than nonpareil and was preceded with words printed In black face type not smaller than nonpareil describing and expressing in general terms the purport or character of the notice intended to be given; and the SUMMARY .OF .ORDINANCE. _ _MC-9.14. _ . .. . ....._ .. .. . . . ... ALCOHOL ,BEVERAGE ,CONTROL LICENSES . . . . . . . . . . . . .. . of which the annexed is a true printed copy, was published in each edition and issue of said newspaper of general circulation, and not in any supplement thereof,on each of the following dates, to wit: NOVEMBER 16, 1994 I certify under penalty of perjury that the foregoing is true and carreet. Executed on the . _ 1.6. . day of . . . .NOVEMBER . _ 19 . 94. . . . ., at San Bernardino, in said County and State. 11111113 aeaau,el © O SUMMARY OF ORDINANCE NO. MC-914 An Ordinance of the City of San Bernardino amending Chapter 19.06, Section 19.06.030(2)(B), of the San Bernardino Municipal Code (Development Code) pertaining to Alcohol Beverage Control "ABC" Licenses. Adopted: November 7, 1994 Effective: December 8, 1994 Vote: AYES: Council Members Negrete, Curlin, Hernandez, Oberhelman, Pope- Ludlam, Miller. NAYS: None. ABSENT: Council Member Devlin. FULL TEXT OF THIS ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK TOM MINOR RACHEL CLARK Mayor City Clerk Summary approved by: / G -r- /lrj.- Z� /{P,y F.- air City-Attorney- Dennis A. Barlow, Senior Assistant City Attorney CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM CITY CLERK'S OFFICE RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM DATE: August 24. 1998 TO: All Clients FROM: City Clerk's Office RE: SCANNING DOCUMENT PROBLEM NOTICE NLAYOR AND CONLMON COUNCIL ORDINANCE MC- 914 NOTICE OF: Missing Document Exhibit/Attachment: Bad Ouality Original Document. Map. Hand Written Original Signature Missing: Ordinance. Legal Advertisement - Proof Of Publication Bad Oualitv. The referenced Legal Advertisement Proof of Publication is on newsprint paper. The quality of newsprint paper when scanned is poor and its legibility is impaired. The full text of the Ordinance Summary as approved by the City Attorney is included for reference, and was published to pursuant to the San Bernardino Charter. Ordinance Summary Not Attached LLe al Advertisement - Proof oP Publication Not Attached FOR ASSISTANCE: Should you have any questions on this matter, please do not hesitate to contact either the records management staff, or the Administrative Operations Supervisor (909) 384-5002. Rachel Clark City Clerk RC:mam