O2150
f:\atty\muni\laws\barry\alcoholcupextend05-12d. wpd
Council Meeting 2-8-05 Santa Monica, California
ORDINANCE NUMBER 2150 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING INTERIM ORDINANCES 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 alcohol, 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 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 ofthe Zoning Ordinance only applies to existing
premises that have never obtained an alcohol CU P and not to those which obtained an alcohol
CUP but whose operations 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 not be considered existing if the use has not been in
regular operation for a period of six months.
(i) The purpose of this 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 ifthat establishment previously
obtained an alcohol CUP, except that, for premises in the CM District, the time period shall
be six months.
G) 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, orfor more than six months in the CM District, must obtain
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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.
(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 priorto resuming business whetheror 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 necessary on an interim basis to clarify that existing operations
which have been discontinued fora period of over one year, orsix 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.
(m) In light ofthese 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 CU P's if the establishment ceases operating for a period in excess of one
year, except for premises in the CM District, the time period shall be six months. The City
Council extended the terms of Ordinance Number 2105 (CCS) by adopting Ordinance
Number 2114 (CCS) on January 27,2004. However, Ordinance Number 2114 (CCS) will
expire on March 11, 2005 unless it is extended. Adoption of the proposed extension
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ordinance will provide adequate time to amend the City's Zoning ordinance on a permanent
basis in conjunction with the Land Use Element/Zoning Ordinance update.
(n) 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
necessaryforthis ordinance to extend the provisions of Ordinance Number2114 (CCS) up
to and including March 11,2007, establishing 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.
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 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
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mode or character of operation shall include, but is not limited to, a ten percent increase in the
floor area ofthe 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 after March 11,2007,
unless priortothatdate, after a public hearing, noticed pursuantto Santa Monica Municipal
Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim
ordinance.
SECTION 5. Any provision ofthe 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 affectthe provisions of this
Ordinance.
SECTION 6. If any section, subsection, sentence, clause, or phrase ofthis 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
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unconstitutional without regard to whether any portion ofthe 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:
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Approved and adopted this 8th day of February, 2005.
r GY'?1,v-----
Pam O'Connor, 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. 2150 (CCS) had its introduction on January 25, 2005, and was
adopted at the Santa Monica City Council meeting held on February 8, 2005, by the
following vote:
Ayes: Council members: Mayor O'Connor, Mayor Pro Tern Katz,
Bloom, Genser, Holbrook, McKeown, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~\c. ~
Maria M. Stewart, Ci
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