HomeMy WebLinkAboutORD NO. 09-1298 (BUSINESS LICENSE REGULATIONS FOR CONSISTENCY)1
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ORDINANCE NO.09-1298
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE HERMOSA BEACH MUNICIPAL CODE, ZONING
ORDINANCE, TO PERMIT RESTAURANTS BY RIGHT THAT SELL
BEER AND WINE AND CLOSE BY 10:00 P.M., TO ESTABLISH
STANDARDS FOR SAID RESTAURANTS, AND AMENDING THE
BUSINESS LICENSE REGULATIONS FOR CONSISTENCY
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY
I ORDAIN AS FOLLOWS:
SECTION 1. Section 5.04.200.B., Section 2, Classification B of Title 5, Chapter 5.04 of
I the Hermosa Beach Municipal Code is amended by amending Group 22 thereof to read as
follows:
Group 22: All restaurants serving beer and/or wine shall pay an annual license tax.
Issuance of a business license requires prior approval of a Conditional Use Permit or compliance
I with Section 17.26.060 as applicable.
SECTION 2. Section 17.26.030 of Title 17, Chapter 17.26 of the Hermosa Beach
Municipal Code is amended by adding new uses in the alphabetical list of uses as follows:
USE P = Permitted, - = Not Permitted, U = C. U.P.
C-1 !C-2
;Required
!Restaurant with on -sale alcoholic beverages limited to
P P
',beer and wine, closing at 10:00 p.m. or earlier.
.Restaurant with on -sale alcoholic beverages limited to
U U
beer and wine, closing later than 10:00 p.m.
SECTION 3. Section 17.26.030 of Title 17, Chapter 17.26 of the Hermosa Beach
Municipal Code is amended by amending the category for "Alcohol beverage establishment, on -
sale " in the alphabetical list of uses as follows:
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,USE P = Permitted, - = Not Permitted, U = C. U.P.
:C-1 C-2 IC-3 ;See Section
Required
Alcoholic Beverage Establishment, on -sale (excluding
restaurant with on -sale alcoholic beverages limited to U U 17.40.080
beer and wine, closing at 10:00 p.m. or earlier)
SECTION 4. Title 17, Chapter 17.26 of the Hermosa Beach Municipal Code is amended
I by adding Section 17.26.060 to read as follows:
I17.26.060 Restaurants with On -Sale Alcoholic Beverages Limited to Beer and Wine,
Closing at 10:00 p.m. or Earlier — Standards and Limitations.
Restaurants with on -sale alcoholic beverages limited to beer and wine that close at 10:00
p.m. or earlier, pursuant to the list of permitted uses in Section 17.26.030, shall be subject to the
I following:
A. Alcoholic beverage service and its consumption shall be limited to those areas for
said use designated on a floor plan and seating plan approved by the Community Development
I Director, including compliance with the following:
1. No stand-up bar area shall be located within the area designated for
I alcoholic beverage service and its consumption on the approved floor plan and seating plan.
2. Not more than two (2) televisions, electronic, video or similar displays
screens shall be located within or visible from any area designated for alcoholic beverage service
and its consumption on the approved floor plan and seating plan.
3. The establishment shall demonstrate compliance with the requirements for
food facilities with on -sale alcoholic beverages found at Chapter 8.04 of this Code, including the
provision of adequate toilet facilities.
B. The establishment shall obtain a business license appropriate to the intended use
pursuant to Chapter 5.04. No establishment classified as a 'snack bar or snack shop' pursuant to
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Section 17.04.050 shall be eligible to obtain a business license for an establishment that sells,
offers to sell, or serves alcoholic beverages.
SECTION 5. Section 15061(b)(3) of Title 14 of the California Code of Regulations I
exempts the project from the requirements of the California Environmental Quality Act because
the amendment is a clarification and refinement of existing definitions and uses, maintaining the
same status of uses as permitted and conditional as now exists and allowing on -sale beer and wine
at restaurants that close by 10:00 p.m. is consistent with the noise ordinance, and will not intensify
uses, and is otherwise consistent with the General Plan and zoning code.
SECTION 6. 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 7. 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 published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 8. 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 the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 24th of March 2009 by the following vote:
AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko
NOES: None
ABSENT: None
A RCTAi1V• None
ATTEST:
of the
and MAYOR of the City of Hermosa Beach, California
3
09-1298
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. 09-1298 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 of March 2009, and said
ordinance will be published in the Easy Reader newspaper on April 2, 2009.
The vote was as follows:
AYES: DiVirgilio, Keegan, Reviczky, Tucker, Mayor Bobko
NOES: None
ABSENT: None
ABSTAIN: None
DATED: March 24, 2009
City Clerk