HomeMy WebLinkAboutORD NO. 15-1350 (ON-SALE ALCOHOL)2
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ORDINANCE NO. 15-1350
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE MUNICIPAL CODE, TITLE 17 (ZONING) RELATING TO
THE DEFINITION, STANDARDS AND/OR ENFORCEMENT PROVISIONS
FOR RESTAURANTS AND ON -SALE ALCOHOLIC BEVERAGE
ESTABLISHMENTS INCLUDING THE FOOD TO ALCOHOL SALES RATIO
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AND ORDER AS FOLLOWS:
SECTION 1. The definition of "restaurant" in the alphabetical list of definitions in
Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended
to read as follows:
"Restaurant" means a bona fide public eating establishment (1) whose primary
function is the sale or offering for sale of prepared food during all hours it is open for business,
and (2) that prepares food on -site in a kitchen capable of refrigerating and preparing food from its
component ingredients.
SECTION 2. Section 17.40.080 of Chapter 17.40 of Title 17 of the Hermosa
Municipal Code is amended by adding a new subsection C to read as follows:
C. Restaurants with on -sale alcoholic beverages. Any "restaurant" as that term is
defined in Section 17.04.050 that sells, serves or allows on -sale alcohol beverages shall comply
with the following:
1. If open after 11:00 p.m., the restaurant shall make available to customers and
serve prepared food items of their choice until sixty (60) minutes prior to the close of business.
2. The restaurant shall maintain sales reports showing the actual items sold and
price charged and invoices for all food, non-alcoholic beverages and alcohol beverages sold for
the prior twelve (12) months. Should the Planning Commission or City Council initiate a CUP
modification or revocation proceeding under Section 17.70.010, the Commission, or the Council,
may at its discretion require the subject business to provide (1) a statement of the percentage of
gross sales, computed monthly, that resulted from the sale of prepared food for not longer than the
prior twelve (12) months; and (2) the supporting data upon which the percentage is based. The
Planning Commission, or City Council, may also require an audit of the records of the business by
a certified public accountant to determine the gross sales of food and alcohol or a forensic audit by
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a qualified auditor selected by the City of the information and data systems by which the
information is produced. The results of these audits may be used to determine whether the grounds
for modification or revocation exist. When considering revocation or modification under Section
17.70.010(H), a restaurant that sells or provides on -sale alcoholic beverages will be presumed to
be operating as a restaurant if the monthly food to alcohol sale ratios are consistent with the ratios
in Section 17.70.010(H).
SECTION 3. Section 17.70.010 of Chapter 17.70 of Title 17 of the Hermosa
Municipal Code is amended by adding a new subsection H to read as follows:
H. For a restaurant with on -sale alcoholic beverages, the business is not operating as
a restaurant because the primary function of the operation is the sale or offering for sale of
alcoholic beverages and not the sale or offering for sale of food. A food to alcohol sales ratio
provides a quantitative tool to help evaluate whether the business is operating as a restaurant
whose primary function is the sale or offering for sale of food, as opposed to a business whose
primary purpose is the sale of alcoholic beverages. For purposes of determining whether this
finding can be made, an on -sale restaurant that maintains a minimum of fifty (50) percent of the
total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant.
An on -sale restaurant that does not meet these percentages has the burden of demonstrating that it
operates as a restaurant, as that term is defined in 17.04.050. Refusal to provide the information
requested under this paragraph within sixty (60) days shall be deemed prima facie evidence that
the business is not operating as a restaurant.
SECTION 4. The project is exempt from the Environmental Quality Act per Section
15061(b)(3) of Title 14 of the California Code of Regulations on the basis that the amendment is
minor in nature and makes essentially administrative changes to the definition of restaurant and
clarifies the manner in which on -sale establishments may operate, and which do not affect the
potential, location, number, or intensity, or have the potential for any physical effects relating to
these uses as the result of the project.
SECTION 5. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation, and circulated in the City of Hermosa Beach in the manner provided by law.
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15-1350
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SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance
shall enter the same in the book of original Ordinances of said city, and shall make minutes of th
passage and adoption thereof in the records of the proceedings of the City Council at which th,
same is passed and adopted.
vote:
PASSED, APPROVED and ADOPTED this 24th day of March, 2015 by the
AYES: DiVirgilio, Petty, Mayor Tucker
NOES: Barragan, Fang
ABSENT: None
ABSTAIN: None ! /
PRESIDENT of the City Council and MAYORAf the City of Hermosa Beach, California
ATTEST:
OVED Ag�TO FORM:
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Ordinance No. 15-1350 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 24th day of March, 2015, and
said Ordinance will be published in the Easy Reader newspaper on April 2, 2015.
The vote was as follows:
AYES: DiVirgilio, Petty, Mayor Tucker
NOES: Barragan, Fangary
ABSENT: None
ABSTAIN: None
DATED: March 24, 2015
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