O2114
f:\atty\mu ni\laws\barry\alcoholcupextend2d-1 .wpd
Council Meeting 1-27-04 Santa Monica, California
ORDINANCE NUMBER 2114 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE INITIAL INTERIM ORDINANCE 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, EXCEPT THAT, FOR PREMISES IN THE CM DISTRICT,
THE TIME PERIOD SHALL BE SIX MONTHS
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 9.04.10.18 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 alcohd>l, and
resulting community problems such as public drunkenness, drunk driving, traffic accidents,
violent crime, noise, and nuisance.
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(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 ~ity 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 appl.ies to
existing premises that have never obtained an alcohol CUP and not to those which
obtained an alcohol CUP but whose operatiorhs have been discontinued for more than one
year.
(h) 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 ~ot be considered existing if the use has not
been in regular operation for a period of six months.
(i) The purpose of this interim ordina~ce 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 ~n 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.
U) The City Council finds and declare~ that the public health, safety and general
welfare require adoption of an interim ordina~ce clarifying that all existing establishments
which cease operation for more than one year, or for more than six months in the CM
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District, must obtain a new alcohol CUP to erjlsure that City review and approval of alcohol
outlets occurs on a case-by-case basis and reflects the specific and current circumstances
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of the particular alcohol outlet, its location, th~ surrounding neighborhood and any potential
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problems relating to specific and current circumstances.
(k) 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, or six months in the CM District, shall be required to obtain an alcohol
conditional use permit prior to resuming busiress whether or not a conditional use permit
was obtained in the past for the premises.
(I) Pending completion of these permanent revisions, in order to protect the public
health, safety, and welfare, it is necessaryl 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 obtainl an alcohol conditional use permit prior to
resuming business whether or not a conditio~al use permit was obtained in the past forthe
premises.
(m) 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 ~stablishment ceases operating for a period
in excess of one year, except for premis~s i~ the CM District, the time period shall be six
months. However, this ordinance will expire on March 15, 2004 unless extended.
Adoption of the proposed extension ordinanFe will provide adequate time to amend the
City's Zoning ordinance on a permanent basis.
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(n) As described above, there existsla 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 extenq the provisions of Ordinance Number 2105
(CCS) up to and including March 11, 2005, ~stablishing on an interim basis the following
development standards:
SECTION 2. AlcobolOutlets.
Existing alcohol outlets shall be required to obtain a conditional use permit pursuant
to Section 9.04.10.18.010 et seq. unless th~ 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 operatdd 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 preniises 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 lin 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
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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 after March 11,
2005, 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,
SECTION 6, 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 this 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
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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:
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Approved and adopted this 27th day of January, 2004.
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State of California )
County of Los Angeles) ss,
City of Santa Monica I
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2114 (CCS) had its introduction on January 20,2004, and was
adopted at the Santa Monica City Council meeting held on January 27,2004, by the
following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, O'Connor,
Katz, Feinstein, Genser
Noes: Council members: None
Abstain Council members: None
Absent: Council members: Holbrook
ATTEST:
~~.~~
Maria M. Stewart, City'Clerk
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