HomeMy WebLinkAboutMC-914
Effective: December 8, 1994
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ORDINANCE NO.
MC-9l4
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
19.06, SECTION 19.06.030(2) (B), OF THE SAN BERNARDINO MUNICIPAL
CODE (DEVELOPMENT CODE) PERTAINING TO ALCOHOL BEVERAGE CONTROL
"ABC" LICENSES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Development Code section 19.06.030(2) (B)
ALCOHOL BEVERAGE CONTROL "ABC" LICENSE, is hereby amended to
existing
licenses
in
legal,
upgrading
permit
of
ABC
nonconforming convenience stores with a current "ABC" license
for beer and wine, in the CN District (see Attachment A,
Development Code Pages 11-94 and 95, attached and incorporated
and which
add
the
following
herein
shall
by
reference)
provision:
B.
ALCOHOL BEVERAGE CONTROL "ABC" LICENSE
"An existing legal, nonconforming, convenience store
with a current "ABC" license for beer and wine, in a
CN district, which is within 100 feet of property
for residential use,
designated
or used for
residential purposes, may upgrade to liquor sales
subject to approval of a Conditional Use Permit
provided that the establishment is within 100 feet of
a similar use not in the City of San Bernardino."
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MC-914
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
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19.06, SECTION 19.06.030(2) (B), OF THE SAN BERNARDINO MUNICIPAL
CODE (DEVELOPMENT CODE) PERTAINING TO ALCOHOL BEVERAGE CONTROL
"ABC" LICENSES.
5 I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the city of San
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Bernardino at a joint reoular
meeting thereof, held on the
71-h
day of November , 1994, by the following vote, to
wit:
Council Members:
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
AYES
X
NAYS
ABSTAIN
ABSENT
X
X
X
X
X
X
Ci<.L"-/'~f { CL_.ck
\;ity Clerk
20 The foregoing ordinance is hereb}' approved this FIfe
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day
of November
__. 1994.
Approved as to
form and legal content:
JAMES F. PENMAN,
~
By. . G.
f~' ./!ttI{A
Tom Mind'r, Mayor
city of San Bernardino
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MC-914
ATTACHr~ENT A
COMMERCIAi. DISTluCfS -19.116
2. Measurement of Distance. The distance between any 2 adult
entertainment businesses shall be measured in a straight line,
without regard to intervening structures, from the closest exterior
structural wall of each business. The distance between any adult
entertainment business and any religious institution, school or
public park or any property designated for residential use or used
for residential purposes shall be measured in a straight line,
without regard to intervening structures, from the closest property
line of the adult entertainment business to the closest property line
of the religious institution, school or public park or the property
designated for residential use or used for residential purposes.
3. Sig1ls All on-site signage shall conform to Chapter 19.22.
4. Viewing Area.
a. It is unlawful to maintain, operate or manage or pennit to be
maintained, operated or managed any adult arcade in which
the viewing areas are not visible from a continuous main
aisle or are obscured by a curtain, door, wall, or other
enclosure. For purposes of this Section, viewing area means
the area where a patron or customer would ordinarily be
positioned while watching the performance, picture, show
or film.
b. It is unlawful for more than 1 person at a time to occupy any
individually partitioned viewing area or booth.
c. It is unlawful to create, maintain or pennit to be maintained
any holes or other openings between any 2 booths or in-
dividual viewing areas for the purpose of providing view-
ing or physical access between the booth or individual view-
ing area.
d. The opening to the viewing area shall be from the main aisle.
B. ALCOHOL BEVERAGE CONTROL "ABC'" UCENSE
A business or establishment requiring issuance of an "ABC" license is suI>-
ject to a Conditional Use Permit, and shall comply with the following
standard(s), in addition to conditions imposed by the Commission:
Establishments subject to an off-site "ABC" license shall not be located
within 500 feet of any religious institution, school, or public park within
the City; 100 feet of any Plop.:. ty designated for residential use or used
for residential purposes; and shall not be located in such close proximity
to another similar use to cause oversaturation of the neighborhood. The
license application shall be reviewed by the Police Department prior to
City approval.
D-M
7192
MC-914
COMMERCIAL DISTRICTS. 19.06
Establishments containing 15,000 square feet or more which do not sell.
alcoholic beverages as the principal business are exempt from the requIre-
ment for a Conditional Use Permit. MC 851 10-5-92
An existing legal, nonconforming, convenience store with a current . ABC.
license for beer and wine, in a CN district, which is within 100 feet of property
designated for residential use, or used for residential purposes, may upgrade to
liquor sales subject to approval of a Conditional Use Permit provided that the
establishment is within 100 feet of a similar use not in the City of San
Bernardino. .
Sit-down restaurants whose predominant function is the service of food
and where the on-site sale of alcoholic beverages is incidental or sec-
ondary are exempt from the requirement for a Conditional Use Permit. An
incidental bar or lounge shall be allowed for the convenience of dining
patrons. (Establishments which are primarily a bar or lounge or have a
bar or lounge area as a principal or independent activity are not included
in this exemption.) MC 840 7-7-92
C AUTOMOBILE SALES
Automobile sales dealerships, new and/or used, in the City must conform
with the intent of this Development Code and shall enhance and promote
the image of the City. A Conditional Use Permit shall be required, and all
dealerships must be constructed in the following manner:
J. The minimum site area shall be 15,000 square feet, except CR-4
where 1 acre minimum is required.
2 All parts, accessories, etc., shall be stored within a fully enclosed
structure.
3. Service and associated car storage areas shall be completely
screened from public view.
4. All on-site lighting shall be stationary and directed away from
adjoining properties and public rights-of-way.
5. All landscaping shall be installed and permanently maintained
pursuant to the provisions of Chapter 19.28 (Landscaping Standards)
6. All on-site signage shall comply with the provisions of Chapter
19.22 (Sign Standards)
7. All loading and unloading of vehicles shall occur on-site and
not in adjoining streets or alleys.
8. All vehicles associated with the businl!l6 shall be parked or
stored on-site and not in adjoining sth"c:ts and alleys.
0-95
11M