O2254f:\atty\m u n i\laws\ba rry\a Icoholcupextend C ityCo u n cilCodeC hage2d-3-25-08
City Council Meeting 3-25-08 Santa Monica, California
2254
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.10.18.020 TO
CLARIFY THAT BUSINESS ESTABLISHMENTS WITH ALCOHOL CUPS MUST
OBTAIN NEW ALCOHOL CUPS IF THE ESTABLISHMENT CEASES OPERATING
FOR A PERIOD IN EXCESS OF ONE YEAR, OR IN EXCESS OF SIX MONTHS IN
THE CM DISTRICT
WHEREAS, in 1985, the City adopted Part 9.04.10.18 of the Zoning Ordinance,
Alcohol Outlets, to regulate establishments dispensing alcoholic beverages; and
WHEREAS, while the issuance of liquor licenses is the exclusive province of the
State, local governments are authorized to impose reasonable land use and zoning
restrictions on alcohol establishments directed at the land use effects of these
businesses; and
WHEREAS, the City adopted the alcohol outlet regulations in recognition of the
complex interrelationship between the availability of alcohol, the consumption of alcohol,
and resulting community problems such as public drunkenness, drunk driving, traffic
accidents, violent crime, noise, and nuisance; and
WHEREAS, Santa Monica Municipal Code Section 9.04.18.020 requires all new
businesses or uses dispensing alcoholic beverages for sale or other consideration to
obtain a conditional use permit; and
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WHEREAS, Section 9.04.18.020 also provides that a conditional use permit is
required for existing premises where operations have been discontinued for a period of
over one year; and
WHEREAS, since this section's adoption, the City has interpreted this provision
to apply to all existing premises including those which already obtained an alcohol CUP;
and
WHEREAS, certain alcohol establishment owners and operators have
challenged this interpretation, contending that this provision of the Zoning Ordinance
only applies to existing premises that have never obtained an alcohol CUP and not to
those which obtained an alcohol CUP but whose operations have been discontinued for
more than one year; and
WHEREAS, Section 9.04.08.28.070 is more restrictive than Section 9.04.18.020,
providing that an existing use in the CM District shall not be considered existing if the
use has not been in regular operation for a period of six months; and
WHEREAS, in light of this issue of interpretation, the City Council directed staff to
prepare a proposed interim ordinance is to clarify that existing premises which dispense
alcoholic beverages for sale or other consideration that cease operation for a period
greater than one year must obtain an alcohol CUP even if that establishment previously
obtained an alcohol CUP, except that, for premises in the CM District, the time period
shall be six months; and
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WHEREAS, the City Council found and declared that the public health, safety
and general welfare require adoption of an interim ordinance clarifying that all existing
establishments which cease operation for more than one year, or for more than six
months in the CM District, must obtain a new alcohol CUP to ensure that City review
and approval of alcohol outlets occurs on a case-by-case basis and reflects the specific
and current circumstances of the particular alcohol outlet, its location, the surrounding
neighborhood and any potential problems relating to specific and current circumstances;
and
WHEREAS, the City Council further found that Santa Monica Municipal Code
Section 9.04.10.18.020 should be clarified to provide that existing operations which
have been discontinued for a period of over one year, or six months in the CM District,
shall be required to obtain an alcohol conditional use permit prior to resuming business
whether or not a conditional use permit was obtained in the past for the premises; and
WHEREAS, pending completion of these permanent revisions, in order to protect
the public health, safety, and welfare, it was necessary on an interim basis to clarify that
existing operations which have been discontinued for a period of over one year, or six
months in the CM District, shall be required to obtain an alcohol conditional use permit
prior to resuming business whether or not a conditional use permit was obtained in the
past for the premises; and
WHEREAS, in light of these concerns, the City Council adopted Ordinance
Number 2105 (CCS) on December 16, 2003, which clarified that business
establishments with alcohol CUP's must obtain new alcohol CUP's if the establishment
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ceases operating for a period in excess of one year, except for premises in the CM
District, the time period shall be six months, and extended the terms of Ordinance
Number 2105 (CCS) by adopting Ordinance Number 2114 (CCS) on January 27, 2004,
by adopting Ordinance No. 2150 (CCS) on February 8, 2005, and by adopting
Ordinance No. 2199 on July 25, 2006; and
WHEREAS, Ordinance Number 2199 will be of no further force and effect after
May 24, 2008; and
WHEREAS, the proposed amendment is consistent in principle with several of
the goals, objectives and policies of the General Plan in that the amendment is
consistent with the Land Use and Circulation Elements Policy 1.2.4 which states: "Limit
the number or control the location or otherwise mitigate the impact of commercial uses
such as alcohol outlets...where an over-concentration of the use would have, or the
operation of such uses might have an adverse impact on the surrounding
neighborhood" and in that the ordinance clarifies that alcohol establishments that have
been closed for more than one year must obtain a new Conditional Use Permit prior to
commencing operation; and
WHEREAS, the public health, safety and general welfare requires the adoption of
the provisions to ensure the City review and approval of all alcohol outlets occurs on a
case-by-case basis and reflects the specific and current circumstances of the particular
alcohol outlet, its location, the surrounding neighborhood and any potential problems
relating to specific and current circumstances,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.10.18.020 is hereby
amended to read as follows:
9.04.10.18.020 Applicability.
No person shall establish a new business or use
dispensing, for sale or other consideration, alcoholic
beverages, including beer, wine, malt beverages, and
distilled spirits for on-site or off-site consumption without first
obtaining a conditional use permit. Existing alcohol outlets
shall also obtain a conditional use permit except where the
premises either retain the same type of retail liquor license
within a license classification or the licensed premises are
operated continuously without substantial change in mode or
character of operation. Existing premises shall not be
considered to be operating continuously and a conditional
use permit shall be required where operations have been
discontinued for a period of over one year except that, for
premises in the CM District, the time period shall either be
six months or the time period established in Section
9.04.08.28.070(g), or any successor legislation thereto,
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whichever is longer. Existing premises where operations
have been discontinued for these time periods shall be
required to obtain an alcohol conditional use permit prior to
resuming business whether or not an alcohol conditional use
permit was obtained in the past for the premises. A
substantial change in mode or character of operation shall
include, but is not limited to, a ten percent increase in the
floor area of the premises, atwenty-five percent increase in
the shelf area used for the display of alcoholic beverages, or
a twenty-five percent increase in the number of seats in any
restaurant which serves alcoholic beverages.
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 effect 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 any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance, and each and every section, subsection, sentence, clause,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. 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 within 15 days after its adoption. This Ordinance shall be effective 30
days from its adoption. The Director of Planning and Community Development shall
certify to the adoption of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
MA HA JON ' MOUTRIE ~-~
City Attorney
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Approved and adopted this 25th day of M.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2254 (CCS) had its introduction on oz/z6/DS ,and was
adopted at the Santa Monica City Council meeting held on o3/25/os , by the
following vote:
Ayes: Council members: Censer, Holbrook, McKeown, O'Connor, Shriver
Mayor Pro Tem Bloom, Mayor Katz
Noes: Council members: None
Abstain:. Council members: None
Absent: Council members: None
A summary of Ordinance No. 2254 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
-Maria M. Stewa ~Ci