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O2105 f:\atty\mu ni\laws\barry\alcohoICU Pmod2d-1 . wpd Council Meeting 12-16-03 Santa Monica, California ORDINANCE NUMBER2.J.!l.L (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CLARIFYING THAT BUSINESS ESTABLISHMENTS WITH ALCOHOL CUP'S MUST OBTAIN NEW ALCOHOL CUP'S IF THE ESTABLISHMENT CEASES OPERATING FOR A PERIOD IN EXCESS OF ONE YEAR THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) In 1985, the City adopted Part 9.0410.18 of the Zoning Ordinance, Alcohol Outlets, to regulate establishments dispensing alcoholic beverages. (b) 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. (c) 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. 1 (d) 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. (e) 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. (f) 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, (g) 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. (h) The purpose of this interim ordinance is to clarify that any existing premises which dispense alcoholic beverages for sale or other consideration that ceases operation for a period greater than one year must obtain an alcohol CUP even if that establishment previously obtained an alcohol CUP. (i) The City Council finds and declares 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 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 ofthe particular alcohol outlet, its location, the surrounding neighborhood and any potential problems relating to specific and current circumstances. 2 U) Therefore, 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 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. (k) Pending completion of these permanent revisions, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to clarify that existing operations which have been discontinued for a period of over one year 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. (I) As described above, there exists a current and immediate threat to the public safety, health, and welfare should this interim ordinance not be adopted. Consequently, it is necessary for this ordinance to establish on an interim basis the following development standards SECTION .2. Alcohol Outlets. Existing alcohol outlets shall be required to obtain a conditional use permit pursuant to Section 9.04.10.18.010 et seq. unless the following conditions are met: (a) The premises retain the same type of retail liquor license within a license classification and (b) The licensed premises are operated continuously without substantial change in mode or character of operation. 3 ~g premises shalll .. . 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 be six months. Existing premises where operations have been discontinued for a period of over one year, or six months in the case of premises in the CM District, 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, a twenty-five percent increase in the shelf area used forthe display of alcoholic beverages, or a twenty-five percent increase in the number of seats in any restaurant which serves alcoholic beverages. SECTION 3. This Ordinance is declarative of existing law. SECTION 4. This Ordinance shall be of no further force or effect sixty days after its effective date unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance. SECTION 5. 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, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. 4 SECTION 6. If any section, subsection, sentence, clause, or phrase of this OItIIIn_"Ga.'" any reason held tOiIMJinvalid or unconstitutional by a deci..."eIIy...,R of competent jurisdiction, such decision shall not affect the validity of the remaining portions ofthis Ordinance. The City 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 any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. 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 become effective 30 days from its adoption. APPROVED AS TO FORM: 5 Approved and adopted this 16th day of December, 2003. ~~ Mayor 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. 2105 (CCS) had its introduction on December 9,2003, and was adopted at the Santa Monica City Council meeting held on December 16, 2003, by the following vote: Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, Genser, O'Connor, Katz, Feinstein Noes: Council members: None Abstain: Council members: None Absent: Council members: Holbrook ATTEST: ~.~.. )r- &~ Maria M. Stewart, City Clerk 6