O2199
f:\atty\muni\laws\barry\alcoholcupextend 7-25-06
Council Meeting 7-25-06 Santa Monica, California
ORDINANCE NUMBER 2199 (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. Findinqs 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 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) 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 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 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, or for more than six months in the CM
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District, must obtain a new alcohol CUP to ensu re 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 prior to resuming business 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 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 a n alcohol conditional use permit prior to
resuming business whether or not a conditional use permit was obtained in the past for the
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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 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 and by adopting Ordinance
No. 2150 (CCS) on February 8,2005. However, Ordinance Number 2150 (CCS) will expire
on March 11, 2007 unless it is extended. Adoption of the proposed extension ordinance
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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 necessary for this ordinance to extend the provisions of Ordinance Number 21 05 (CCS),
Ordinance Number 2114 (CCS) and Ordinance Number 2150 (CCS) up to and including
May 24, 2008, 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, orsix 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
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increase in the floor area of the premises, a twenty-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 3. This Ordinance is declarative of existing law.
SECTION 4. This Ordinance shall be of no further force or effect after May 24,2008.
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.
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
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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 25th day of July, 2006.
7tf1~'~L -
Robert T. Holbrook, 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. 2199 (CCS) had its introduction on July 11, 2006, and was
adopted at the Santa Monica City Council meeting held on July 25, 2006, by the
following vote:
Ayes: Council members: Bloom, Katz, McKeown, O'Connor,
Mayor Pro Tern Shriver, Mayor Holbrook
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Genser
ATTEST:
Ma~rt~~