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CA:RMM:lld106/hpc
City Council Meeting 12-9-86
Santa Monica, California
ORDINANCE NUMBER 1391 (CCS )
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA EXTENDING THE EXPIRATION
DATE OF ORDINANCE NUMBER 1319 (CCS) AND
DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, on November 13, 1984, the City Council adopted
Ordinance Number 1319 (CCS) which established an Interim
Condi tional Use Permit Approval Process for New and Existing
AlcOhOl-Serving Businesses; and
WHEREAS, on December 9, 1986, Ordinance Number 1319 (CCS)
was amended by Ordinance Number 1352 (CCS) to extend its
expiration date; and
WHEREAS, Section 5 of Ordinance Number 1319 (CCS), as
amended by Ordinance Number 1352 (CCS), provides that the
ordinance will expire by its terms on January 1, 1987; and
WHEREAS, Ordinance Number 1319 (CCS) was intended as an
interim measure pending revision of the Zoning Regulations of
Article IX of the Santa Monica Municipal Code
("Zoning
Ordinance"); and
WHEREAS, a revised Zoning Ordinance is being prepared by
City staff for review by the Planning Commission and city
council; and
WHEREAS, the expiration of Ordinance Number 1319 (CCS)
would result in new alcohol-serving businesses that contribute to
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public inebriation and drunk driving, thereby actively affecting
the public health, safety, and welfare; and
WHEREAS, the findings and declarations contained in
Ordinance Number 1319 (CCS) continue to exist at the present
time,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 5 of Ordinance Number 1319 (CCS) is
amended to read as follows:
SECTION 5.
This ordinance shall
remain in effect until January I, 1988,
after which time it shall be of no further
effect and shall be deemed repealed.
SECTION 2.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance.
The ci ty Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
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any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. This ordinance is declared to be an emergency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter and is necessary for preserving the
public peace, health, and safety, and the urgency for its
adoption is set forth in the findings above.
SECTION 5. The Mayor shall sign and the city Clerk shall
attest to the passage of this ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
wi thin fifteen ( l5) days after its adoptions. This ordinance
shall become effective on the date of its adoption, pursuant to
Section 619 of the Santa Monica city Charter.
APPROVED AS TO FORM:
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ROBERT M. MYERS U
city Attorney
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Adopted and approved this 9th day of December, 1986.
L1'lA
that~oregOin:aY:~inance No.
I hereby certify
139l(CCS)
was duly and regularly introduced at a meeting of the City
council on the 9th day of December 1986; that the said Ordinance
was thereafter duly adopted at a meeting of the city council on
the 9th day of December 1986 by the following Council vote:
Ayes: Councilmembers: Jennings, A. Katz, H. Katz, Reed,
Zane and Mayor Conn
Noes: Councilmembers: None
Abstain: councilmembers: Finkel
Absent: Councilmembers: None
ATTEST:
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city Clerk