HomeMy WebLinkAbout1124ORDINANCE 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 concurrent 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 been 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
i
After review and consideration, the determination of the Community Development
Director to approve a negative declaration is hereby affirmed.
SECTION 3. Prohibition of 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.
0 1124
.1
Ordinance No. 1 124 (1988 Series)
Page 2
SECTION 4. Zoning Regulations 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 ,Councilman..Settle, ....., and on the following roll call vote:
AYES: Councilmembers
NOES: None
ABSENT: None
ATTEST:
City lerk Pamf g s
Rappa, Settle, Pinard, Reiss and Mayor Dunin
eE...... ..........
ayor Ron Dunin
Ordinance No. 1124 (1988 Series)
Page 3
APPROVED:
!7. ^..-..4 / 777777-. . .
City A inistrative Officer
�....
City Attor
Community D ve opment Director
gm2/ 1402ord
Ordinance No. 1124 (1988 Series)
EXHIBIT A
Page 1 of 2
Add the 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;
I. 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.
M. 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
The following shall be added to Section 17.22.01 (Table 91:
Uses Allowed by Zone
R -1
R -2 R -3 I R4
COS
Oar
PF
I C -N
C-C
C -R
C -T C-S
M
I
Ccr.ccrrent sales of alcoholic
I
I
I
1]
1]
p
beverages and motor fuel (see
also SeCtion 17.08.100)
I
A — Allowed PC — Planning commission approval required
D — Director's approval required A/D — Director's approval on ground floor. allowed above
The director shall determine if a proposed. unlisted use is similar to a listed use. Numbered nwes are at end of chart.
The following shall be da ded to Section 17.58.04
Actions on use permits shall be justified by written findings, based on substantial
evidence in view of the whole record.
•
Ordinance No. 1124 (1988 Series)
EXHIBIT A
Page 1 of 2
Add the following section:
L,
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;
I. 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. Landscaping shall be installed and maintained according to city standards.
L. Vapor- recovery devices for customer - service pumps shall be installed, in compliance
with the specifications of the California Air Resources Board.
M. 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.
j
ORDINANCE NO. 1124 (198.8. Series)
FINALLY PASSED this' 6th day of December ,
1988, on motion of Councilman Settle , seconded by
Councilman Reiss , and on the following roll call
vote:
AYES: Councilmembers Settle, Reiss,•Pinard, Rappa and Mayor Dunin
NOES: None.
ABSENT,: None
or on , unin
ATTEST:
1
City'
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