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HomeMy WebLinkAboutMC-914 Effective: December 8, 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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." IIII IIII IIII IIII IIII IIII 1 MC-914 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 1 2 3 4 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 21 22 23 24 25 26 27 28 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 2 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