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HomeMy WebLinkAbout12/06/1988, 3 - REGULATION OF CONCURRENT SALES OF GASOLINE AND BEER AND WINE (CR 1402). MEETING DATE: alq��l�u►Ivlllill111111 ►CIlI city of San lues OBISpo 12-6-88 COUNCIL AGENDA REPORT ITEM NUMBER: FROM Michael Multari, Community Development Director; BY: Glen Matteson, Assoc. Plnr. SUBJECT: Regulation of concurrent sales of gasoline and beer and wine (CR 1402). CAO RECOMMENDATION Give final passage to Ordinance No. 1124 as introduced, to affirm the prohibition of concurrent sales and to adopt regulations for concurrent sales, to take effect if the prohibition is invalidated. DISCUSSION City law prohibits selling alcoholic beverages from service stations, defined as any retail business selling motor fuel. The state legislature has voided the prohibition effective January 1, 1989. Staff and the Planning Commission recommended strengthening the Zoning Regulations to minimize the health and safety problems resulting from concurrent sales, while conforming with the recent change in state law. On November 15, the council introduced an ordinance to affirm the prohibition and to regulate concurrent sales through standards and use-permit review, in case the prohibition is invalidated in court. Staff foresees no significant impacts on the community from affirming the prohibition, and several health and safety benefits. Substantial legal costs may be incurred in defending this position. ALTERNATIVES The council may give final passage to the ordinance as drafted, or reintroduce it if substantial changes are desired. The council may reject the ordinance, or continue action. Attached: Draft ordinance Distributed previously: Agenda report with evaluation Planning Commission minutes, 10-12-88 State Assembly Committee testimony, Wittman, 4/86 San Diego'County study, 3/86 Municipal Code excerpt - alcoholic beverage sales at gas stations Zoning Regulations excerpt - use chart AB 937 - state law Initial environmental study City Attorney's memorandum gm/cr 1402 ORDINANCE NO. 1124 (1988 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO CONCERNING CONCURRENT SALES OF ALCOHOLIC BEVERAGES AND MOTOR FUEL (CR 1402) BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings A. The Planning Commission and the City Council have held hearings to consider appropriate regulations in accordance with the California Government Code. B. The prohibition of concurent sales of motor fuel and alcoholic beverages is a muncipal affair, addressing locally defined issues of land use and public health and safety. C. Within the city there exist many retail outlets of various types, other than service stations, where alcoholic beverages are readily available. D. There is substantial evidence that greater availability of alcoholic beverages leads to greater consumption, and that greater consumption causes more problems of absense from work or school, occupational injuries and reduced product quality, domestic violence, alcohol-related diseases, inappropriate public behavior, under-age drinking, and household, recreational, and vehicle accidents. E. Concurrent sales have begn shown to contribute proportionately more to incidents of alcohol-induced health and traffic problems than other means of alcoholic-beverage retailing. F. The regulations for concurrent sales which may take effect upon invalidation of the prohibition have been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Guidelines, and a negative declaration has been granted by the city. G. The proposed zoning provisions, absent a prohibition, are necessary to promote the public health, safety, and general welfare. SECTION 2. Environmental determination After review and consideration, the determination of the Community Development Director to approve a negative declaration is hereby affirmed. SECTION 3. Prohibition Qf concurrent sales Municipal Code Section 5.36.020, prohibiting the concurrent.sales of motor fuel and alcoholic beverages, is hereby affirmed, and shall remain in full effect unless and until it is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction. 01124 Ordinance No. 1124 (1988 Series) Page 2 SECTION 4. Zonina Re¢ulations amendment The Zoning Regulations (Municipal Code Chapters 17.08, 17.22, and 17.58) are hereby amended to provide standards and use-permit review for concurrent sales outlets, as fully contained in the attached Exhibit A. This amendment shall take effect immediately upon the decision of any court of competent jurisdiction which holds Municipal Section 5.36.020 to be invalid or unconstitutional. SECTION 5. Publication A summary of this ordinance, approved by the city attorney, shall be published once, at least three (3) days before its final passage, in the Telegram-Tribune, a newspaper published and circulated in this city. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the „ 15th day of ..November......., 1988, on motion of Councilwoman,Rappa , seconded by ,Counci.1maq.Sett,1e . ..... . and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None wAlayor Ron Dunin ATTEST: City Jerk Pam g s Ordinance No. 1124 (1988 Series) Page 3 APPROVED: ........ .......... ....—.... City A inistrative Officer . .... ......N..... ty ttor U .............. ..... . ........... Community D ve opment Director gm2/1402ord Ordinance No. 1124 (1988 Series) EXHIBIT A Page 1 of 2 AUlk following section: 17.08.100. Concurrent sales of motor fuel and alcoholic beverages. Concurrent sales of alcoholic beverages other than beer and wine are prohibited. The concurrent sales of motor fuel and beer or wine at a single premises or retail outlet shall be subject to the following: A. There shall be no sales of beer or wine for on-site consumption; B. Beer and wine may be sold only in conjunction with selling groceries and other sundries and convenience items; C. No concurrent-sales outlet shall be established within 1,000 feet of any other establishment selling or serving alcoholic beverages. D. Sales of beer or wine between 4:00 p.m. and 10:00 a.m. are prohibited, E. There shall be no advertisement or display of beer or wine visible from off the premises; F. Inside the premises, there shall be provided space for public-service posters concerning the effects of drunk driving, equal to at least the area devoted to advertising beer and wine; G. No beer or wine shall be displayed within ten feet of the cash register; H. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows; L No sales of beer or wine shall be made from a drive-in window; J. There shall be no sales or display of refrigerated beer or wine. K. City landscaping standards shall be met. L. Vapor-recovery devices for customer-service pumps shall be installed, in compliance with the specifications of the California Air Resources Board. Ni Applicant shall pay a fee, in an amount determined by resolution of the City Council, to cover costs of city inspection to assure compliance with these requirements. Ordinance No. 1124 (1988 Series) EXHIBIT A Page 2 of 2 IhI following is lal14g added is Section 17,22.0 10 (Table 2k Uses Allowed bY Zone R-1 R-2 R-3 R—f COS O"r PF C-i 1 C-C C-R C-T C.S M I 1 ( I Cceccrrent sales of alcoholic I I i p I p I D l p l beverages and motor fuel (see also Section 17.08.100) . .A — Allowed PC — Planning commission approval required .D — Director's approval required AID — Direetae's approval on ground floor.allowed above The direetor a"determine if a proposed.unlisted an n similar to a listed use.Numbered owes are at end of than. The following shall DA added IQ Section 17 4 : Actions on use permits shall be justified by written findings, based on substantial evidence in view of the whole record.