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HomeMy WebLinkAboutCode Amendment 88-5 - Ordinance 2987 - Amends Articles 922, REQUEST FOR CITY COUNCIL 'ACTION Date February 6, 1989 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator -- -� Prepared by: Mike Adams, Acting Director of Community Develo ent Subject: CODE AMENDMENT NO. 88-5 ALCOHOLIC BEVERAGE SALES On Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Vol, Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE• Transmitted for your consideration is Code Amendment No. 88-5 which amends Articles 922, 951, 953 and 964regulating Che sale of alcoholic beverages andAestablishes a new section in Article 963 to address the sale of alcoholic beverages either as a primary or secondary use . and to allow the sale of alcoholic beverages concurrent with gasoline sales :�' The Code Amendment was reviewed and approved by the Planning Commission on December 13, 1988 . RECOMMENDATION Planning Commission Action and Recommendation on December 13 , 1988: ON MOTION BY LIVENGOOD AND SECOND BY ORTEGA, THE PLANNING COMMISSION VOTED TO APPROVE CODE AMENDMENT NO. 88-5 WITH THE FOLLOWING FINDINGS AND RECOMMENDED ADOPTION BY THE CITY COUNCIL BY THE FOLLOWING VOTE: AYES: Ortega, Slates, Bourguignon, Livengood, Silva, Leipzig, Higgins NOES: None ABSENT: None ABSTAIN: None FINDINGS FOR APPROVAL: 1. Code Amendment No. 88-5 creates more consistency in the Huntington Beach Ordinance Code relative to the regulation of alcoholic beverages as a primary or secondary use in the City of Huntington Beach. 2 . Code Amendment No. 88-5 is consistent with the enactment of Assembly Bill 937 Mhi<ch; prop' IgS is the City from banning concurrent gasolia'nlco' iic beverage sales . P10 5/a5 3 . Code Amendment No. 88-5 will not adversely affect the goals and policies of the Huntington Beach General Plan. STAFF RECOMMENDATION: Staff concurs with the Planning Commission recommendation. ANALYSIS' Code Amendment No. 88-5 intends to add and amend existing provisions to regulate the sale of alcoholic beverages . As depicted in the proposed ordinance, the following is an overview of Code Amendment No. 88-5. Article 922 Amend §9220 . 1(b) by deleting bars/saloons from plan review process . They will be listed under Alcoholic Beverage Sales uses . Amend §9220 .2(d) by requiring alcoholic beverage sales to be subject to the conditional use permit process and new §9636 et. seq. Amend §9220 . 14(b) by deleting the prohibition of concurrent sale of gasoline and alcoholic beverage in compliance with State Law. They will be listed under Alcoholic Beverage Sales uses . Article 951 Amend §9510 . 01(c) by adding alcoholic beverage sales to uses permitted by conditional use permit as an unclassified use. Article 953 Amend §9530 . 01(c) by adding alcoholic beverage sales to uses permitted by conditional use permit as an unclassified use. Article 964 Amend §9645 . 1(a) (6) by deleting the prohibition of concurrent sale of gasoline and alcoholic beverage in compliance with State Law. The provisions proposed for regulation of alcoholic beverage sales are to be added to Article 963, Unclassified Uses, and directed to the zones where commercial type activities occur. Certain exemptions to the conditional use permit process based upon specific locational and floor layout criteria will apply to retail markets, bars, restaurants, liquor stores, florist shops, and temporary uses . The provisions include Planning Commission comments expressed as a discussion item at the November 1, 1988 Planning Commission meeting. Recent enactment of Assembly Bill 937 in 1987 prohibits the City from banning concurrent sales of gasoline and alcoholic beverage. The City' s ordinance prohibiting these concurrent sales was not enacted before August 1, 1985, and therefore is required to be amended prior to January 1, 1989, for compliance with State law. RCA - 2/6/89 -2- (1886d) r The conditional use permit process is allowed as a tool to control the number of service stations selling alcoholic beverages. Specific regulations may be established or conditions of approval imposed to control the number, location, and circumstances under which alcohol can be sold. The City Council may decide to incorporate into this ordinance specific criteria to allow the conditional use permit processing of a proposal for concurrent sale of gasoline and alcohol . ENVIRONMENTAL STATUS: Pursuant to the environmental regualations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-45 for ten days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a negative declaration be issued. Prior to any action on Code Amendment No. 88-5, it is necessary for the City Council to review and act on Negative Declaration No. 88-45 . FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: 1. Continue Code Amendment No. 88-5 and direct staff to establish specific criteria to regulate the concurrent sale of gasoline and alcohol; or 2 . Deny Code Amendment No. 88-5 . ATTACHMENT 1. Ordinance 2 . Staff reports dated December 13 and November 1, 1988 3 . Planning Commission minutes of December 13 and November 1, 1988 4 . Letter dated November 1987 from California Legislature. MA:SP:gbm RCA - 2/6/89 -3- (1886d) r ORDINANCE NO. 2987 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9220 .. 1 ( b) , 9220 . 2 (d ) , 9220 . 14 ( b) , 9510 .01 ( c ) , 9530 . 01 ( c ) , 9645 . 1 ( a ) ( 6 ) AND ADDING THERETO SECTIONS 9636 . 1 The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending Sections 9220 . 1 ( b) , 9220 . 2 ( d ) , 9220 . 14 (b ) , 9510 . 01 ( c ) , 9530 .01 ( c) , 9645 . 1 ( a ) ( 6 ) to read as follows : §9220 . 1 ( b ) List B - C2 , C4 districts . Initial establishment of use and occupancy for List B uses shall be permitted in the C2 and C4 districts subject to plan review approval by the director . A . Animal grooming; no boarding or outdoor kennels Automotive parts B . Bicycle shops Blueprint , copy, and print shops Bookstores and newsstands D . Department and clothing stores Dry cleaning ( retail ) E . Electronic part supply F . Financial institutions Frozen food lockers ( retail ) Furniture and appliance stores H . Home improvement , including paint , electrical plumbing, and hardware supplies Health clubs with less than twenty-five hundred ( 2500 ) square feet I . Ice storage, limited to five ( 5 ) ton capacity J . Jewelry stores M . Marine supplies Movie theatres Music conservatories N . Nurseries ( retail ) 0 . Office supplies and stationery P . Pet stores Photography studios, equipment and sales R. Repair shops, appliances and electronics only 59220 .2 ( d ) List D - C2 , C4 districts--Conditional use permit . Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts ( except as specified ) subject to the approval of a conditional use permit application by the Planning Commission . Conditional use permits issued shall be nontransferable for the uses below which are preceded by an asterisk . ( See Definitions for nontransferable restriction . ) A . Alcoholic Beverage Sales pursuant to Article 963 *Adult business pursuant to Article 975 Animal Clinic D. *Dancing and/or live entertainment , including dancing for patrons under the age of twenty-one ( 21 ) pursuant to Section 9220 . 12 F . *Fortunetelling (C4 only) H . Hotels and motels (C4 only, pursuant to Section 9220 . 13 ) S . Service stations pursuant to Section 9220 . 14 U . Unclassified uses pursuant to Article 963 59220 . 14 ( b) Prohibited uses ( 1 ) Automobile repair shall be limited to minor repair as defined in this code . 2 - i 595103 ( c ) The following uses may be permitted subject to the approval of a conditional use permit by the j Planning Commission : ( 1 ) Mixed Use Developments ( refer to Section 9510 . 14 ) . ( 2 ) Restaurants or sandwich shops ( 2710-9/84 ) ( 3 ) Unclassified Uses pursuant to Article 963 59530 .01 ( c ) The following uses may be permitted subject to the approval of a conditional use permit by the Planning Commission: ( 1 ) Mixed Use Developments ( refer to Section 9530 . 14 ) . ( 2 ) Major outside storage or operations ( 3 ) Automobile dismantling and storage ( refer to Section 9530 . 16 ) . ( 4 ) Restaurants or sandwich shops ( 2710-9/84 ) ( 5 ) Unclassified Uses pursuant to Article 963 §9645 . 1 ( a ) District One Permitted Uses ( 1 ) Hospitals and convalescent hospitals; ( 2 ) Medical and dental buildings; ( 3 ) Pharmacies ; ( 4 ) Rest homes , nursing homes , residential health care facilities and sanitariums; ( 5 ) Office/professional uses; ( 6 ) Service stations with or without convenience markets in conformance with Commercial District Standards contained in Article 922 . ( 7 ) Apartments or condomiums when support services prescribed herein are integrated into such structures to implement the purpose of this article . j ( 8 ) Support services to apartments and ! condominiums , including but not limited to, eating facilities , beauty/barber 3 - shops, libraries , private health clubs , health care facilities and retail commercial establishments . SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9636 and 9636 . 1 to read as follows : §9636 Alcoholic Beverage Sales A conditional use permit shall be required for any business proposing to sell alcoholic beverages for on-site or off-site consumption. §9636 . 1 Exceptions . The following uses are exempt from the conditional use permit process . A. Retail markets which have 20 ,000 square feet or more of floor area and no more than 10 percent of the floor area devoted to sales , display, and storage of alcoholic beverages, and not in conjunction with the sale of gasoline or other motor vehicle fuel . B . Retail markets with less than 20 , 000 square feet of floor area, restaurants , bars , and liquor stores which satisfy the following requirements : ( 1 ) The subject property shall be located a minimum 300 feet from any residence , school , church, or public use, i .e, park , hospital, boys/girls club; ( 2 ) The restaurant shall be licensed by the State of California as a bona fide eating establishment ; contain a fully equipped and permanently maintained kitchen; have a bar or lounge area with less floor area than the dining area; and no separate outside entrance to the bar or lounge area; ( 3 ) Retail markets with less than 20 , 000 square feet of floor area shall have no signs advertising the sale of alcoholic beverages directed toward persons outside of the building and no more than 10 percent of the floor area devoted to sales , display and storage of alcoholic beverages . ( 4 ) The sale of market goods shall not be carried on in conjunction with the sale of gasoline or other motor vehicle fuel . C . Florists shops offering the sale of a bottle of an alcoholic beverage together with floral arrangement . 4 - 1 I D. Temporary Outdoor Events pursuant to Section I 9730 . 64 . i SECTION 3 . This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21stday of February 198 i Mayor ATT ST : APPROVED AS TO FORM: cityClerk ,\ j- r�City Attorney REVIEWED AND APPROVED: INITI ED AND APPROVED: i City Administrator Direct r of Community Development 3859L - 5 -• 2987 Ord. No. 2987 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ' ss: CITY OF HUNTINGTON BEACH ) I , CONNIE BROCKWAY, the duly appointed, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 6th day of February 19 89 , and was again read to said City Council at a regular meeting thereof held on the 21st day of February , 19 89 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council . AYES: Councilmembers: MacAllister, Green, Winchell ,Bannister, Mays, Silva, Erskine NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officio64erk of the City Council of the City of Huntington Beach, California A ,;-;oozed to Publish Advertisements of Ali kinds including public r :: ces by Decree ,7f the Superior Court of Orange County, Cai,fornia, Number A-6214. dated 29 September, 1961. and A-24831. dated 11 June. 1963. STATE OF CALIFORNIA �p 9 County Of Orange Pubic P4011CO Ko..> coYroO � by th�WillMmonOevrt is sw� m ppet .It"'10 pica coiumn—Ott, I am a Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange PUBLIC NOTICE Coast DAILY PILOT, with which is combined the NOTICE OF PUBLIC NEWS-PRESS, a newspaper of general circulation, HEARING CODE AMENDMENT printed and published in the City of Costa Mesa, NO.88-5 /ENVIRONMENTAL County of Orange. State of California, and that a ASSESSMENTNO.88-45 Notice of Public Hearing (Beic ve age Sales) Notice is hereby given that 1the Huntington Beach City (Council will hold a public hearing in the Council of which copy attached hereto.is a true and complete Chamber of the Huntington l Beach Civic Center, 2000 copy, was printed and published in the Costa Mesa, Zaln Street, Huntington Newport Beach, Huntington Beach, Fountain Valley, Beach, California, on the date and at the time in- dicated below to receive and Irvine, -the South Coast communities and Laguna !consider the statements of 1 time jail persons who wish to be Beach issues Of said newspaper for ,heard relative to the appli- - Station described below. .".,consecutive weeks_ to wit the issue(s) of-" DATE/TIME: Monday, 1February 6,1989, APPLICATION NUMBER: Code Amendment No. 88-5/Environmental Assessment No.88-45 January 2 6" ` 198R_ APPLICANT:City of Hunt- " _ ington Beach � . LOCATION:City-wide REQUEST:To amend the I Huntington Beach Ordi- 198 nance Code to establish provisions regulating the sale of alcoholic beverages. ENVIRONMENTAL t98 STATUS: Covered by En- vironmental Assessment No. 88-45(Negative Declaration 1 #. 88-45)will also be con- 198 sidered by Council). ON FILE: A.copy of the proposed request is on file in, the Department of Com-1 198 l munity Development, 20001 Main Street, Huntington Beach, California; for in- spection by the public. A t copy of the staff report will I declare, under penalty of perjury, that the j be available to interested parties at City Hall of the foregoing is true and correct. Main Library, 7111 Talbert) Avenue. Ali interested persons are; invited to attend said hear ing and express opinions on Executed on January 26 1989 I submit evidence for orl 1 against the application asl at Costa Mesa California. I outlined above. If there arel * i any further questions, j I please call Susan Pierce,As- n. A A A"�X�u sociate Planner,at 536-5271 CITY OF HUNTINGTON ignature BEACH , CONNIE j BROCKWAY, CITY CLERK, (714) Dated:ed:January ary 20, 1989 Published Orange Coast Daily Pilot January 26, 1989 PROOF OF PUBLICATION • Y. nuntington beach department of community development STAf f REPORT TO:. Planning Commission FROM: Community Development DATE: November 1, 1988 SUBJECT: PROPOSED CODE AMENDMENT - ALCOHOLIC. BEVERAGE SALES 1. 0 GENERAL DISCUSSION: During the past .year, applications for liquor licenses issued by the Alcoholic- Beverage Control Board have generated staff concern. Some requests have been subject to Planning Commission review while others are unregulated, not permitted or subject to administrative approval. As a result, the various review processes are inconsistent. In addition, a recent State law regarding the sale of alcoholic beverages concurrent with gasoline sales has been passed which affects the City' s code. The following is a summary of the City' s existing code, ABC requirements, other city requirements and the recent State law. (a) Existing Code: Presently, the following sections of the Ordinance , Code pertain to alcoholic beverage uses. S.9220. 1(b) requires plan review (administrative approval) for bars/saloons and other on-sale liquor establishments in commercial zones (C2 and C4) . S. 9220 . 1(d) requires conditional use permit for liquor stores in commercial zones (C2 and C4) . S. 9220 . 14(b) prohibits concurrent sales of gasoline and alcoholic beverages in commercial zones (Cl, C2 and C4) . S. 9241(b) requires a conditional use permit for bar/cocktail lounge, cabaret, liquor stores in the Visitor Serving Commercial zone. S.9373(b) allows night clubs by administrative approval in the North Huntington Center Specific Plan zone. Generally, bars and taverns are exempt from the City' s public hearing process . Restaurants are subject to a use permit but the code does not specifically address whether or not with alcoholic beverage sales. A924 MWO am --I awl A-F M-23C t (b) Alcoholic Beverage Control Board (ABC) Requirements: ABC processes all applications for liquor licenses . The licenses are divided into several types ranging from beer and wine sales only to adult only establishments . Businesses which sell alcoholic beverages for off-site consumption (packaged) are issued Off-Sale licenses; wherein, businesses which sell for on-site consumption are issued On-Sale licenses . An attachment lists the various types of licenses available. Also attached is an accumulation of the various requirements necessary to file for an ABC license. Once the applicant submits an application package ABC conducts an investigation and, if following a notice to nearby residents and posting of the premises a protest is received, a hearing is conducted. If no protest is received, the license is issued. Unless the City has conditionally approved the use, any and all conditions imposed on the licenses are solely at ABC' s discretion (see ABC attachment) . (c) Adjacent City Survey: A survey of Orange County cities was conducted regarding conditional use permit requirements for alcoholic beverage uses. Conditional use permits are required by 94 percent of the surveyed cities for on-sale uses and by 62 percent for off-sale uses . (d) State Law• Recent enactment of AB937 prohibits the City from banning concurrent gasoline and alcoholic beverage sales . The City' s ordinance prohibiting these concurrent sales was not enacted before August 1, 1985, and, therefore, is required to be amended prior to January 1, 1989, for compliance with State law. The conditional use permit process is allowed as a tool to control the number of service stations selling alcoholic beverages . (e) Planning Commission Comments: In early 1988, staff proposed a code amendment addressing the conditional use permit process be utilized to regulate the sale of .alcoholic beverages . At the February 17, 1988 Planning Commission meeting, it was suggested that a conditional use permit for convenience markets, liquor stores and bars in neighborhood commercial, if located within 300 feet of residential be required and to require a conditional use permit for restaurants if liquor sales exceeded 50 percent of their revenues . Also, a survey of other cities ' requirements was requested. 2. 0 PROPOSED CODE CHANGES: Staff has analyzed other city' s codes and ABC requirements. As a result, a draft Code Amendment has been prepared. Staff Report - ll/l/88 -2- (1505d) Rather than include the sales revenue as a criteria to require a conditional use permit for restaurants staff has included a provision to exempt from the conditional use permit process all restaurants which comply with proposed locational provisions and specific design criteria. Other exemptions from the conditional use permit process include: (a) retail markets with over 20,000 square feet of gross floor area, (b) retail _markets with less than 20, 000 square feet of gross floor area in compliance with proposed locational provisions and sales and display requirements, (c) private clubs, (d) theaters and concert halls, (e) florist shops, and (f) bars. Restaurants, bars, liquor stores and smaller retail markets are subject to locational provisions . The draft ordinance is based on Santa Ana requirements. Also included are amendments to add the general category of "alcoholic beverage sales" to Article 922 and to bring the . service station regulation in compliance with State law. 3 . 0 RECOMMENDATION: Staff recommends the Planning Commission direct staff to prepare an ordinance and set for public hearing. ATTACHMENTS: 1. Proposed code amendment 2. Survey 3 . Listing of liquor license types 4 . ABC submittal package 5 . Typical ABC conditions SH:SP:kla Staff Report - ll/l/88 -3- (1505d) DRAFT CODE AMENDMENT ALCOHOLIC BEVERAGE SALES 5.9636 Alcoholic Beverage Sales A conditional use permit shall be required for any business proposing to sell alcoholic beverages for on-site or off-site consumption 5.9636.1 Exceptions. The following uses .are exempt from the conditional use permit process A. Retail markets which have 20.000 square feet or more of floor area and no more than 10 percent of the floor area devoted to sales, display and storage of alcoholic beverages B. Club or lodge establishments where admittance is limited to members and guests invited by members and where the sale of aocoholic beverages is clearly incidental to other activities conducted on the premises. . C. Theaters and concert halls which satisfy the following requirements: III The establishment has permanently affixed seats so arranged as to provide all spectators with a direct and unobstructed view of the stage upon which live theatrical or musical performance are given. 121 The sale of alcoholic beverages is clearly incidental to such performances and the revenue derived from the sale of alcoholic beverages is insubstantial when compared to the revenue derived from the sale of tickets for admission to such performances. D. Florists shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement E. Restaurants. bars, retail markets with less than 20.000 square feet of floor area. and liquor stores which satisfy the following requirements: -11 The establishment shall be located a minimum 300 feet from any residence school. church, or public use, i.e. park, hospital, boys/girls club: and �2Z The restaurant shall be licensed by the State of California as a bona fide eating establishment: contain a fully equipped and permanently maintained kitchen; have a bar or lounge area with less floor area than the dining area; and no separate outside entrance to the bar or lounge area; or 13) Retail markets with less than 20.000 square feet of floor area shall have no signs advertising the sale of alcoholic beverages directed toward persons outside of the building and no more than 10 Percent of the floor area devoted to sales, display and storage of alcoholic beverages. S. 9220 .2 (d) List D - C2. C4 districts--Conditional use Permit. Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts (except as specified) , subject to the approval of a conditional use permit application by the Planning Commission. . Conditional use permits issued shall be nontransferable for the uses below which are preceded by an asterisk. (See Definitions for nontransferable restriction. ) A. Alcoholic Beverage Sales pursuant to Article 963 *Adult businesses pursuant to Article 975 Animal Clinic D. *Dancing and/or live entertainment, including dancing for patrons under the age of twenty-one (21) pursuant to Section 9220. 12 F. *Fortunetelling (C4 only) H. Hotels and motels (C4 only, pursuant to Section 9220. 13) L/ Lt�KK�/gKKeK S. Service stations pursuant to Section 9220. 14 U. Unclassified uses pursuant to Article 963 S.9220. 14 (b) Prohibited uses . //�K/pe�KKK/K�KtK��/Kpe�KKtK�/K�/xx�tx�/@KKK�KY/Kf/K geg�t�e/gtKttKK/KxKYY/geYY/KKK/KY�KxKYt@/Ke�egK�e/Kg/pe�mtK/Kg KYYK�/txe/gKYe/Kg/�K�gKmpttKK/KY/KKK/KY�KKKYt@/Ke�egK�e/KK/gx�x p�emtgeg///Ag/Kged/tK/xxtg/ge�ttKK�/YKY�KxKYt@/Ke�e�K�e!/gKKYY meKK/KKK/mKYK�/gpt�tt�K�g/Kg/�tKK�g/Yt�KK�/�KKxKtKtK�/mK�e/xxxx dKe/xKYf/Kf/Y/�eg�e�t/K�/mdge/Kf/KY@KxKY/K�/�KY�me�/�xt�x/tg/ftt fdg/Ke�egK�e/pKgpKKeg/etKxe�/xYKKe/d�/�xeK/dtYKKed�/mt�ed/d� @dmKXKed/�txx/Ktxeg/KKKgtKK�egL L11 Automobile repair shall be limited to minor repair as defined in this code. Article 963 UNCLASSIFIED USES (1077-8/64, 1670-10/71, 1836-6/73, 1852-7/73, 1915-6/74, 1940-10/74, 2313-9/78, 2313-9/78, 2371-6/79, 2556-7/82, 2562-9/82, 2599-2/83, 2632-8/83, 2729-10/84, 2781-9/85, 2829-5/86, 2858-9/86, 2889-12/86, 2957-9/88) Sections • 9630 Permitted uses 9631 Contractor' s storage yards/Mulching operations 9632 Landfill disposal sites 9632. 1 Landfill disposal sites/Definitions 9632.2 Operations plan 9632 .3 Approval of operations site 9632 .4 Hazardous waste sites 9632 . 5 Operations plan 9632 . 6 Exemptions 9632 . 7 Excavation activity prohibited 9633 Wind energy conversion systems 9634 Child Day Care Facilities 9634 . 1 Small Family Day Care Homes 9634 .2 Large Family Day Care Homes 9634 . 3 Day Care Centers 9635 Bed and Breakfast 9636 Alcoholic Beverage Sales 9630 Permitted uses . The following list includes uses that possess characteristics of such unique and special form as to make impractical their automatic inclusion as a permitted use in any district . The location and operation of such uses shall be subject to approval of a conditional use permit by the Planning Commission in compliance with base district development standards, any additional provisions included herein, and any more restrictive requirements imposed as conditions of approval . Uses marked with an asterisk shall not be permitted in any residential district. (2957-9/88) A. Alcoholic Beverage Sales pursuant to 5.9636 *Airports and heliports B. Bed and Breakfast Inns pursuant to 5. 9635 C. Child Day Care Facilities pursuant to S. 9634 Churches (minimum of 10 percent of parking area shall be landscaped) Colleges, universities, elementary and secondary private or public schools. (Minimum 10% of parking area shall be landscaped) *Contractor' s storage yards pursuant to Section 9631 *Convalescent hospitals and sanitoriums ALCOHOLIC BEVERAGE USES - SURVEY Conditional Use Permit Required? Off-Site On-Site Jurisdiction Consumption Consumption Comments Anaheim. no yes Brea yes yes Costa Mesa no yes* .if within 200 ft. of residential Buena Park yes yes Cypress yes yes Fountain Valley yes yes Fullerton no yes Garden Grove yes yes Irvine yes yes in some commercial districts, but not all . Laguna Beach yes* yes in one . commercial district, but not others . La Habra yes* yes *only when in conjunction with service station La Palma yes yes Los Alamitos yes yes Off-Site On-Site Jurisdiction Consumption Consumption Comments Newport Beach no yes Orange no yes Placentia yes yes San Clemente no yes San Juan Capistrano no no Santa Ana yes* yes* markets with over 20, 000 square feet of floor area exempt; bonaf ide restaurants exempt. Seal Beach yes yes Stanton no yes* for bars, cocktail lounges bonaf ide restaurants exempt. Tustin yes yes Villa Park no no Westminster yes yes Yorba Linda yes yes TOTAL: 64% 92% of jurisdictions require C.U.P. 's. --------------- New 01� 0!d Type of Licenses Nosy Type of Literisae I Beer Manufacturer 20 B Off-Stile Beor & wine 2 I 21 C Off-Sale Genal 3 Wine Grower er Y Brandy Manufacturer I0 d K Distilled S M On-Sole Boot • Eating Piece 5 F Spirits Manufacturer 41 A On-Sole a &Win* 6 Distilled Spirits Manufacturer's Agent 42 As Eating Piece 6 T Still q On-Sole Beer&Wlno-Public Premise U Rectifier. 43 A On-Salo Boor A N(ne • Train 8 N Wine Rectifier M On-Sale Beer • Fishing Party Boot 9 W Beer& Wine Imparter 'S A On•Sel• Bear it Wine -Boat 10 WH Beer& Wine Importer's Genl � A On-Sole Boor & Wine Airplane y porter 47 P On-Sale General 11 5 Brand Importer - Eating Place 12 L era 48 PS On-Salo General - Public Prsmise 13 Distilled Spirit; Importer 49 X Distilled Spirits Importer's PA On•SoI* General Seasonal 1q E Public Warehouse General SO P On•Sals General -Club Privileges i5 R Customs Broker 51 z On-Sale General Club 15 .0 Wine Broker S2 V On-Sala General Voteron's Club Beer 8 17 H S3 P On-Sole Genera Train 18 Wine Wholesaler General, Distilled Spirits Wholesaler S/ P On-Sale General soot D Industrial Alcohol Dealer Sb P 22 On-Sale Genorol • Airplane Wine Blender P On-Sale General 1000 Ton Vessel 2J57 24 Steam Beer'Manufacturer Exclusive Is On-Sale General Spocial Distilled S ly 30 Spirits Rectifier's General 59 CT Caterer'@ Permit 25 Calilornia Brand W A On•Sola Boer a N(ne -Seasonal Y hol 26 Out-of- Wholesale, 40 M On-Sole Boor Seasonal 27 State Beer Mfr's. Certificate " California Wine Grower's Avant 61 M On-Sole soot Public Premiss fit P On-Sole General • 10,000 Ten Vessel 1 AUUI r1UN AL !=OPIF_5 AVAILAgL[ p ON r�ECU E571 63 A On-Sale Boer&Wine-Mespitol ' (ADDITIONAL COPIES AVAILAaLEUPON nEOUF-rn ALCOHOLIC BEVERAGE CONTROL APPLICANT CHECKLIST Dear Applicant: Before you file an application with the Department of Alcoholic Beverage Control for the issuance or transfer of a license, it will be necessary for you to complete the following items and/or supply the following information as indicated. THESE F0RMS9 INFORMATION AND CHECKLIST MUST BE PRESENTED AT THE TIME YOU FILE YOUR APPLICATION. ALL INFORMATION/DOCUMENTATION PRESENTED IS SUBJECT TO VERIFICATION BY THE DEPARTMENT. Appropriate fees will be collected. at time of filing your application. ( ) ABC-207-E Notice of Intention (Re: Residences 5001 Radius) ( ). ABC-207-F Declaration of Service by Mail (Re: Residences 500' Radius) and ( ) ABC-528 Instructions for Completion of Forms ABC-207-E and ABC-207-F ( ) ABC-208 Personal Affidavit in Support of Application and ( ) A8C-538 Instructions for Completion of Form ABC-208 ( ) ABC-211-B Verification of Consideration ( ) ABC-227 Notice of Intended Transfer (Recorded and Certified by County Recorder) r ` ABC-242 Financial Affidavit in Support of Application and ( ) ABC-586 Instructions for Completing Financial Affidavit Form ABC-242 ( ) ABC-242-A Individual Financial Affidavit ( ) ABC-245 Rule 61.3 Information and Instructions ( ) ABC-246 Rule 61 .4 Information and Instructions ( ) ABC-247 Rule 61.4 Statement Re: Residences ( ) ABC-251 Statement Re: Schools, Churches, Hospitals, Public Playgrounds, Parks and Youth Facilities ( ) ABC-253 Diagram of Property ( ) ABC-255 Zoning Affidavit ( ) ABC-257-A Diagram of Licensed Premises/Planned Operation- Example Attached ( ) ABC-257-B Diagram of Licensed Premises/Planned Operation - Example Attached ( ) Lease or Lease Assignment ( ) Menu Escrow Instructions ( ) Franchise Agreement Continued on Reverse ABC-279 (12-84) CORPORATION INFORMATION ( ) ABC-142 Certification - Tied House (Retail) ( ) ABC-143 Certification - Tied House (Non-Retail) ( ) ABC-227-A Notice of Intended Transfer (Recorded and Certified by County Recorder) ( ) ABC-243 Corporate Questionnaire ( ) Articles of Incorporation ( ) Minutes reflecting the election of current Officers and Directors ( ) Corporate Seal ( ) Permit to Issue Stock or Attorney's Exemption Letter ( ) Stock Register ( ) Certificate to do Business in California (if an out-of-state 'Corporation) LIMITED PARTNERSHIP INFORMATION ( ) ABC-140 Certification - Tied House ( ) ABC-172-LP Petition for Conditional License ( ) ABC-256 Limited Partnership Questionnaire ( ) Certificate of Limited Partnership - LP1 ( ) Certificate of Limited Partnership - LP5 (if an out-of-state Limited Partnership) ( ) Copy of Partnership Agreement (and amendments thereto) We have provided you with t,jis second Checklist that will explain Checklist (ABC-279) in more detail . PROVIDE THE FOLLOWING AT TIME OF APPLICATION 1 . Bring picture identification - Government issued i.e. drivers license, passport etc. 2. Bring blank checks. We do NOT accept cash. 3. ABC-255 Zoning Affidavit: Take this form to your Planning Department for completion. If you will need a Conditional Use Permit, Variance, etc. , you must file for it and bring in PROOF OF FILING. 4. ABC-245 Rule 61 .3: Provide a letter of Public Convenience or Necessity. Explain/establish justification as to why another alcoholic beverage license should be issued for the area in which you are applying. 5. ABC-242 Financial Affidavit: Complete and bring in PROOF and copies of all supporting documents which show where money is coming from. EXAMPLE: Loan Application, Bank Statements, escrow Closing Statements, Personal Loan Agreements. 6. ABC-242-A Individual Financial Affidavit: To be completed by each partner, officer, director, stockholder (owning 10% or more) or financier contributing to the investment. Provide PROOF of where your money is coming from. 7. ABC-227 Notice of Intended Transfer: Your Escrow Company will handle this form. If no consideration is involved, Alcoholic BeveraT Control will give your this form. Complete the form and provide a certified copy of the recording from the County Recorders, 630 N. Broadway, Santa Ana. 8. ABC-208 Personal Affidavit: This form must be completed by each partner, officer, director, stockholder (owning -10% or more) and each spouse. 9. PARTNERSHIPS -General and Limited - ALL partners must be present in order to file the application. 10. CORPORATIONS -Only ONE officer need appear in 'order to file the application. Make sure all corporate records are current and stock issued. 1l . Corporate questionnaire (Form ABC-243) must agree with stock register, articles of incorporation, meeting minutes reflecting election and resignation of officers and any relative permits. Bring copies of all these documents. ATTACHED IS YOUR PRE-APPL It mT I ON PACKAGE. COMPLETE a__- OF THE FORMS AND OBTAIN ALL OF THE REQUESTED INFORMATION PER THE "APPLICANT CHECKLIST" You MUa-r CALL F=0F: /aN F�PPO I NTtY6'EB�lT TO I l Appointment hours for filing an application are Monday thru Friday: 8:00, 8:45, 9:30, 10:15, 1:30, 2:15 and 3:00pm. You need to call (714) 558-4101 and tell the person answering the phone that you "wish .to make an appointment to file an application. " You will beasked "what time you wish to come in". If yours is a complex application, we suggest either the J a 15 or the 3:00pm appointment. Please write the date and time of your appointment below. If you are unable to keep your appointment, please CALL AND CANCEL OR RESCHEDULE! APPOINTMENT DATE: ----------------- APPOINTMENT TIME________________ PARKING IS OFTEN DIFFICULT, PLEASE PROVIDE ENOUGH TIME TO FIND PARKING You will be asked for the names of the buyers/sellers/applicants/etc. , the type of license involved, type of transaction, and name and phone number of a contact person. Please have this information available. Bring a personal or business check to your appointment. We do not accept cash for the transfer and related fees. IF YOU ARE LATE FOR YOUR APPOINTMENT, IT MAY BE NECESSARY FOR YOU TO RESCHEDULE ON A LATER DATE. the Santa Ana .Office of the Alcoholic Beverage Control is located at: STATE BUILDING 2B CIVIC CENTER PLAZA, SANTA ANA Je are located in the civic center complex near - the north/east corner of `lower and Santa Ana Blvd. As you look toward the top of each building, .here is a building number. We are in building 289 3rd floor, Room 369. 'LEASE REFER TO YOUR OWN MAP FOR ADDITIONAL DIRECTIONS, PLEASE DON'T CALL 22 f wy . B r -I- 17th Street s t 5 . 1 f w Civic Center Drive Y 5 . 5 1 R ® 32 20 o f � w �r "28°'-ABC s y r . 34 Santa Ana Blvd --�4th Street The applicant for the issuance n On-Sale or Off-Sale license must ma_ his notice of the application to every resident of real property within a 500-foot radius of the premises (Section 23985.5 of the Business and Professions Code). The Department requires the notice to be mailed within 15 days after the date the applied-for premises are posted. Date This Notice Mailed: , 19 Date Premises Posted: , 19 NOTICE OF INTENTION TO ENGAGE IN THE SALE OF ALCOHOLIC BEVERAGES Sec Residences 500' Radius To Whom It May Concern: Subject to issuance of the license applied for, notice is hereby given that the below-named applicant proposes to sell alcoholic beverages at the premises described as follows: (Insert address of premises as it appears on application. ) Pursuant to such intention, the undersigned is applying to the Department of Alcoholic Beverage Control for issuance of an alcoholic beverage license(s) for these premises as follows: (Specify all licenses applied for as names of licenses appear on application. ) The Name(s) of the Applicant(s) is/are: Please Print) Please be advised that any protest against the issuance of the license(s) must be verified and received at any office of the Department of Alcoholic Beverage Control or Departmental Headquarters within 30 days of the date that the premises were posted, or within 15 days of the date of this notice, whichever is the latest. THIS IS NOT A PROTEST FORM, DO NOT RETURN IT TO ABC. It is merely a notice of pending applica- tion as required by law. Further information regarding this application may be obtained from the posting notice at the premises or at the local ABC office identified below. Dept. of Alcoholic Beverage Conte 18 Civic, Ureter Plata, Room 369 Santa Ana, California 92701 ABC-207-E (3-85) NOTICE TO 1HE APPLICARM): This Declaration of Service by Mail must be completed and returned to the office where your application is being processed within 15 days of the posting of the premises. Section 23985.5 of th- F3<asiness and Professions Cnde requires that the applicant(s) for the issuance of an on-sale or off-sale licens(. mail notification of the application to every resident within a 500-foot radius of the applied-for premises. This Declaration may serve as proof of compliance. (The 500-foot radius is to be calculated by straight line measurement from the closest exterior wall of your premises to the residential structures.) (Insert Name(s) as Shown on the Application -� remises Address -~ DECLARATION OF SERVICE BY MAIL (Re: Residences 500' Radius) do hereby declare that on 19, —, I served by mail upon each resident of real . property within a 500-foot radius of the above-designated premises, by depositing in the United States Mail, with postage fully prepaid, a sealed envelope contain- ing a true copy of a Notice of Intention to Engage in the Sale of Alcoholic Beverages (ABC-207-E) , a copy of which is attached hereto, giving the name(s) of the applicant(s) , the type(s) of license(s) applied for and the address of the premises where the business is to be conducted, addressed to the resident-occupant for each of the following addresses: (Use the back of this Declaration if necessary. ) ADDRESS CITY ZIP CODE I declare under penalty of perjury that the foregoing is true and correct. Executed at , California, this day of 19 Signature ABC-207-F (est 12-84) INSTRUCTIONS TO APPLICANTS FOR A NEW LICENSE OR A PREMISES-TO-PREMISES TRANSFER UNDER PROVISIONS OF SECTION 23985.5 Within 15 days you must mail a copy of Form ABC-207-E with all information filled in to the occupant/resident at each residential address within 500 feet of the place you wish to be licensed. Measurement is airline distance from your building to any residence or place where people reside (receive mail) . If any portion of the residence or place is within 500 feet, then those residents must be notified. The notice is to be mailed in a properly addressed and stamped envelope. NOTICE: Any occupant/resident within 500 feet who is not mailed the required notice within 15 days of posting may have the right to file a protest beyond the 30-day period. Within 15 days of the posting of your premises you must provide the Department with a completed Declaration of Service By Mail (Form ABC-207-F) showing the complete address that you placed on the envelope for each mailed Notice of Intention to Engage in the Sale of Alcoholic Beverages (Form ABC-207-E). There will be no investigation of your application until that affidavit is received. FAILURE TO PROMPTLY AND COMPLETELY COMPLY WITH THESE INSTRUCTIONS WILL DELAY THE ISSUANCE OF YOUR LICENSE AND MAY CAUSE DENIAL! Measurement: 500 feet from your structure, airline measurement. You may use a scaled geographical tract map maintained by the city or county for determining the airline distance. Residence: Any place where people permanently reside (receive mail) including homes, apartment units, condominiums, mobile homes, and living quarters at motels and hotels having permanent tenants. Time: Must notify the occupant/residents by mail within 15 days and certify to the Department that proper notification has been made and to what address within 15 days. REMEMBER: FAILURE TO PROMPTLY AND COMPLETELY COMPLY WITH THESE INSTRUCTIONS WILL DELAY THE ISSUANCE OF YOUR LICENSE AND MAY CAUSE DENIAL! ABC-528 (1-85) Section 23985.5, Business and Professions Code "Notwithstanding any other provision of this article, in any instance affecting issuance of any on-sale or off-sale license, the department shall require that the applicant mail notification of the application to every resident of real property within a 500-foot radius of the premises for which the license is to be issued. The applicant shall submit proof of compliance to the department prior to license approval. $ INSTRi SONS FOR _COMPLETION OF FORM ABA A PERSONAL AFFIDAVIT IN SUPPORT OF APPLICATION 1 . Enter your complete legal name including middle name. If no middle name, so state. 2. List all names used previously including maiden name, previous married .name(s) , etc. 3. Enter social security number. 4. Enter the exact premises address including zip code. Describe the location, if necessary. List phone, if any. 5. Enter home address including zip code. Describe the location, if necessary. List phone, if any. 6. Items pertaining to physical description should be as accurate as possible. List present business phone, if any. 7. Designate status of applicant. If corporate officer, write in title. Also, show name of corporation. 8. If no California driver's license, but a driver's license from another state, describe that license. Enter place and date of birth. 9. Show the first and middle name, if. any, of the spouse. If single, divorced, widowed or separated; so indicate. Information is required on the spouse even if the spouse will not work in the premises. If applicant's spouse is to work on the premises, answer "yes." Show date and place married. 10. If applicant has any interest in an alcoholic beverage business or has ever been an alcoholic beverage licensee or associated in any capacity with a licensed corporation (officer, director, stockholder) , answer 'Yes" . In explanation of a "Yes" answer, applicant shall show the city where the premises were licensed, applicant's relationship with this premises and the period of time licensed. Begin the explanation with current or most recent license and list all premises. (Use additional sheet if necessary. ) If the person has not previously been licensed in California, but has been licensed in another state, indicate the out-of-state license. If the person has been licensed both in California and in other states, list both the California licenses and the out-of-state licenses. 11 . This question applies to any type alcoholic beverage license and to any person associated in any capacity with any such license or license application (sole owner, partner, corporate officer, director, or stockholder) . Answer "Yes" or "No". State the location of the premises, type of license, the violation, the penalty, and the operative date of the Department's action. 12. List the last five years employment or other activity (at least five years) . In completing the employment record, show the most recent employment or activity on the top line and arrange in descending chronological order. If self-employed, so designate under the firm name. ABC-538 (10-85) (Continued) 13. The "arrest section" of the form must be completed by the applicant Dates shown should be as accurate: as puss-ible.. If the: date; is an• approximation.,_ so state. Carefully read the statement preceding t€he. space allocated for the arrest. record. Before the applicant signs the form, (s)he should consider they importance of the form and be satisfied' that, (.$)he. has read all, of the: statements. and.. understands their content. ABC-538 (1,0-85) STATE OF CALIFORNIA F.P, F. P. DATE C11 NO. DEPARTMENT OF ALCOHOLIC BEVER CONTROL PERSONAL AFFIDAVIT IN SUPP OF APPLICATION 1. FULL NAME 2. PREVIOUS NAMES) (Maiden,Prior Married Names) 3.SOCIAL SECURITY NO. 4MISE5 ADDRESS - - (WHERE LICENSE TO BE ISSUED) (ZIP) PHONE S. HOME ADDRESS - (STREET) (CITY) (ZIP) PHONE . PRESENT BUSINESS PHONE 6. AGE: SEX: HT: WT: HAIR: EYES: 7. 1 AM OR WILL BE OF PERSONS OR COMPANY ❑ OWNER ❑ PARTNER ❑ OFFICER DIRECTOR❑ H TOCK OL,DE SOLE R"-".a MGR. ❑ LESSEE S. DRIVER'S LICENSE NO. . PLACE OF BIRTH DATE OF BIRTH 9. SPOUSE'S NAME - WILL YOURSPOUSE WORK ON PREMISES? PLACE AND DATE OF MARRIAGE ❑ NO ❑ YES 10.DO YOU NOW HAVE ANY DIRECT, OR INDIRECT, INTEREST IN ANY OTHER ALCOHOLIC BEVERAGE BUSINESS,OR HAVE YOU EVER BEEN AN ALCOHOLIC BEVERAGE LICENSEE OR AN OFFICER OR DIRECTOR OF A CORPORATE LICENSEE? a NO YES (If Yes, explain fully.) I(.HAVE YOU AS AN INDIVIDUAL.A PARTNER,OR WHILE AN OFFICER, DIRECTOR OR STOCKHOLDER OF A CORPORATE APPLICANT EVER HAD AN ALCOHOLIC BEVERAGE LICENSE DENIED.SUSPENDED. REVOKED,OR AN OFFER IN COMPROMISE ACCEPTED OR REJECTEDT ❑ NO YES (If Yea.explain fully.) 12. CURRENT AND PAST EMPLOYMENT (FOR AT LEAST PAST FIVE YEARS) (Use additional sheets if necessary) FROM TO MO./YR. MO./YR. TYPE OF WORK FIRM NAME CITY 13. Have you ever,anywhere or at any time,(1)forfeited bail,(2)been convicted,(3)fined,or(4)placed on probation for any violation of the law? )Are you now actively being prosecuted for a criminal offense?(If any of these events has occurred,this question must be answered"Yee" regardless of subsequent court action resulting in expungement, unless an order sealing records under Section 1203.45 of the Penal Code, relating to persons under age 18 years,has been issued.If no order has been issued,the answer must be"Yes".) 11 NO YES (11 Yes, explain each event fully.) DATE OF ARREST PLACE ARRESTED OFFENSE RESULTS I have read'all of the above and declare under penalty of perjury that each and every statement made is true, correct and complete. PLACE SIGNED ATTEST — (ABC Employee or Notary Public) DATE A BC-208 (1 0-85) STATE Of CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL VERIFICATION OF CONSIDERATION (To be submitted with all general license transfer applications other than premises-to-premises transfers and on-sale general for seasonal business transfers. Section 24080 of the Alcoholic Beverage Control Act.) i (Name of App4eaos) - (Name of Tramfuor) (Addrus of Ptmasn) (Addreu of Premian) File No. _ transferor applicant, respectively, in connection with the pending sale of alcoholic beverage license declare that the following represents a true and correct statement of the purchase price or considera- tion to be paid to transferor for each item listed herein. (a) Transfer of the license . . . . . . . . . . . (b) Good will to include covenant not to compete if applicable . . (C)-Realty or interest therein . . . S-- --- (d) Fixtures . . . . . . . . . . . . $ (e) Inventory . . . . . . . . . . . $ — (f) Other (specify)_— TOTAL CONSIDERATION I do hereby declare under malty of tcriury that the above truly reflect,the entire consideration for the transfer of subject license. Executed at�__._ on • _ Sipurure --- .. (raarursr«) _ I do hereby declare under Penalty of Perjury that the above truly rrflrcis the entire consideration for the transfer of subject license. Executed at (Applic.na) (DO NOT WRITE ABOVE. Govt. Code Sec. 27361.6 reserves space above for exclusive use of County Recorder.) NOTICE OF INTENDED TRANSFER OF RETAIL ALCOHOLIC BEVERAGE LICENSE UNDER SECTIONS 24073 AND 24074, CALIFORNIA BUSINESS AND PROFESSIONS CODE 1. LICENSEE'S NAMES) PREMISES ADDRESSES) TO WHICH THE MAILING ADDRESS IF DIFFERENT LICENSES) HAS (HAVE) BEEN ISSUED 2. IN TENDED TRANSFEREE'SNAME(S) ADDRESS ZI-P CODE 3, KIND OF LICENSE(S) INTENDED TO BE TRANSFERRED (NAME AND NUMBER) 4. NAME AND ADDRESS OF ESCROW HOLDER OR GUARANTOR 5. Total consideration to be paid for the business and license (to include inventory whether actual cost, estimated cost, or a not-to=exceed amount) Cash .. . .. . . . . . . . . .. . . . . . . . . .. .. . . . . . . . . . ... .. . . . . . $ — Checks . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . .. . . . . . . . . Promissory Notes . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . Tangible and/or intangible property . . . . . . . . . . . . . . . . . . . . TOTAL AMOUNT $ 6. The parties agree that the consideration for the transfer of the business and the license(s) is to be paid only after the Department of Alcoholic Beverage Control has approved the proposed transfer. The parties also agree and herein direct the above-named escrow holder to make payment or distribution within a reasonable time after the completion of the transfer of the license as provided in Section 24074 of the California Business and Professions Code. TRANSFERORIS) SIGNATURES TRANSFEREES) SIGNATURES ne copy of this notice,certified by the County.Recorder, together with an additional copy must accompany the application for transfer -)r the license. See Form ABC-522. Department of Alcoholic Beverage Control Instructions re Escrow and Public Notice Requirements for most Retail License Transfers. ABc—,227 (4/87) State of California Department of Alcoholic Beverage Control INSTRUCTIONS t COMPLETING FINANCIAL AFFIDAW FORM ABC-242 Form ABC-242 must be completed for every application for an alcoholic. beverage license. If additional space is required, continue on reverse side of form. Sole owners, husband and wife as partners, and club applicants need complete only Form ABC-242. (All other applicants who have made a financial contribution will require, in addition, a separate Form ABC-242-A for each partner or stockholder holding 10% or more . of the outstanding shares of corporate stock.) 1. Enter applicant's name as it will appear on the license. 2-5. Self-explanatory. 6. Indicate whether all, some, or none of the funiture and fixtures is included in the lease or rental agreement. 7. Complete all items, indicating N/A where not applicable. 8. Show approximate total of monies expended, or to be expended, for Federal, State, County, or City license fees or permits, including alcoholic beverage license and transfer fees. Also include lease and utility deposits. 9. Self-explanatory. 10. Specify any other monies expended or to be expended in the licensed business not covered in Items 7 through 9. 11. Self-explanatory. 12. Show total cash outlay. A. Sole owner, husband and wife, and clubs. Explain the source of cash fully. If the cash is from savings, indicate the source from which it was saved, where the money was or is kept, and the period of time necessary to save it. If the source was the sale of property or other, indicate what was sold, the address, when, name and address of buyer, and the net proceeds from the sale to the applicant. It a loan is involved, show the date, amount, terms, security, name, address and occu- pation of lender. Describe sources such as inheritances or gifts. B. Partnerships. Show total cash investment and then complete Form ABC-242-A on each partner. C. Corporation. Itemize source of cash, i.e. sale of corporate stock, loans to the corporation, etc. , and then complete Form ABC-242-A on each stockholder holding 10% or more of the outstanding shares of corporate stock. 13. Include all other funds expended or to be expended, other. than cash. Describe all notes, contracts, and other agreements by showing amount owed, payee and terms. The sums of Items 12 and 13 should equal total investment shown in Items 7 through 10. 14-16. Self-explanatory. 17. Use only when the applicant is a sole owner or husband and wife and have bank accounts other than the one established for the business to be licensed. Signature. Form must be signed by all applicants. In the case of a corporation, form must be signed by a corporate officer under the seal of the corporation. Attest. To be signed before a notary or a Department employee. ABC-586 (4-73) DEPARTMENT OF ALCOHOLIC BEVERAGE CO' QOL - FINANCIAL AFFIDAVIT.IN SUPPORT APPLICATION 1. APPLICANT(S) PREMISES ADDRESS (STREET) (CITY) TELEPHONE - 3. LESSOR OR OWNER ADDRESS (STREET) (CITY) (STATE) 4 LESSEE OR RENTER ADDRESS 737TREET (CITY) IS ATE) 5. MONTHLY RENTAL EXPIRATION DATE OF LEASE 6. DOES LEASE OR RENTAL AGREEMENT INCLUDE FURNITURE AND FIXTURES? `� - ❑ ALL ❑ ' SOME NONE PURCHASE AND INVESTMENT INFORMATION 7. Item Purchased from a LICENSE $ b. GOODWILL - $ C. REALTY OR INTEREST THEREIN - d. FURNITURE/FIXTURES $ e. INVENTORY $ f. NON-COMPETE COVENANT $Q 8. FEES FOR OTHER LICENSES PERMITS (AND DEPOSITS APPROXIMATE) `✓ 9. WORKING CAPITAL (APPROXIMATE) $ 10. OTHER (SPECIFY) $ TOTAL INVESTMENT (Items 7 through 10) $ 11- ESCROW HOLDER I ADDRESS (STREET) (CITY) ESCROW NUMBER 12. Indicate what part of the Total Investment will be In Cash (EXPLAIN - USE REVERSE IF NECESSARY) and from what source(s) it will be or has been derived. $ 13- .Indicate the amount remaining (EXPLAIN- USE REVERSE IF NECESSARY) and how it will be paid. $ 14. IF FRANCHISED. NAME FRANCHISOR 15. BOOKKEEPER OR ACCOUNTANT ADDRESS (STREET) CITY) TELEPHONE 16. BUSINESS BANK ACCOUNT (BANK(S) AND ACCOUNT NO IS).) AUTHORIZED SIGNATURE(S) 17. OTHER BANK ACCOUNTS) (BANK(S) AND ACCOUNT NO(S).) AUTHORIZED SIGNATURE(S) APPLICANT(S) UNDERSTAND THAT FALSIFICATION OF THE INFORMATION ON THIS FORM MAY CONSTITUTE GROUNDS FOR DENIAL OR REVOCATION OF THE LICENSE(S). For a period of 90 days from this date. I/we hereby authorize the Department of Alcoholic Beverage Control, or any of its officers, to examine and secure copies of financial.records consisting of signature cards, checking and savings accounts, notes and loan documents, deposit and withdrawal records, and escrow documents of my/our financial institution(s) or any financial records established in connection with this business. This authorization to examine records at any financial institution may be revoked at any time. I/Wo also authorize the Department of Alcoholic Beverage Control, or any of its officers, to examine and secure copies of any business records or documents established in connection with this business including, but not limited to, those on file with my/our bookkeeper or with the above- named escrow holder. I/Wo have also read all of the above and declare under penalty of perjury that each and every statement is true and correct. Applicant(s)Signature(s) Title(m) .... ----- ------ -_. Da to ._.._ _ Place _Attest ABC-242 (4-78) (ABC Employee or Notary Public) INDIVIDUAL FINANCIAL AFFIDAVIT This offidavit is made in connection with the following application for an alcoholic beverage licenser A PPL ICAN T(S) - AFFIDAVIT OF DBA - PREMISES ADDRESS (STREET) (CITY) I am or will be a Partner E] Stockholder Corporate Officer Director 11 Financier in the above-described licensed business. PLEASE READ INSTRUCTIONS BELOW BEFORE COMPLETING THE FOLLOWING. My total personal contribution will be $ Of this amount, $ will be in cash and the cash will be or has been derived from the following sources (describe in detail): INSTRUCTIONS: Explain the source of cash fully. If cash is from savings, indicate the source from which it was saved, where the money was or is kept, and the period of time necessary to save it. If the source was from the sale of property, indicate what was sold, the address if real estate, when it was sold, the name and address of the buyer, and the net proceeds from.the sale. If a loan is involved, show the date, amount, terms, security, name, address and occupation of the lender. Fully describe any other sources such as inheritances or gifts. List any and all bank accounts in the following-spaces by identifying the bank, type of account, number of account, and authorized signatures: BANK ACCOUNTS; (BANK, LOCATION, TYPE OF ACCOUNT, ACCOUNT NUMBER.) - Authorized.Signature _ Authorized Signature APPLICANTS) UNDERSTAND THAT FALSIFICATION OF THE INFORMATION ON THIS FORM MAY CONSTITUTE GROUNDS FOR DENIAL.OR REVOCATION OF,THE LICENSE(S). For a period of 90 days from this date, )/we hereby authorise the Department of Alcoholic Beverage Control,or any of its officers, to examine and secure copies of financial records consisting of signature cards, checking and savings accounts,notes and loan documents,deposit and withdrawal records, and escrow documents of my/our financial institution(s) or any financial records established in connection with this business. This authorization to examine records at any financial institution may be revoked at any time. I/We also authorize the Department of Alcoholic Beverage Control, or any of its officers, to examine and secure copies of any business records - or documents established in connection with this businest, including, but not limited to, those on file with my/our bookkeeper or with the above. named escrow holder. I/we have also read all of the above and declare under penalty of perjury that each and every statement is true and correct. Applicant(s)Signature(s) Title(s) --- — — -- -- — ---- Date Place _--. Attest (ABC Employee or Notary Public) STATE OF CALIFORNIA DEP&ENT OF 'ALCOHOLIC BEVERAGE CON.6 Personal Loan Information Lender's name is; My relationship to is that of Applicant's Name a er rot er etc. I have known the applicant(s) for _years. I understand that (is, are) applying for an Alcoholic Applicant's Raise Beverage License from the State at WE— Address- any In connection with the acquisition of the above, I am loaning -the applicant(s) $ The applicant(s) Amount (have, has) agreed to repay the above sum of money as follows: Terms: how mucH per- sonth, interest; there" Is a written contract, please sufait a copy. It It is a gLFt, please state so and MIME a no re-payment s requ re . The money I am loaning to the applicant(s) has been derived from* (your—earnings, sale of property, etc.) The money was kept at Name of Bankand XccountUmber I as employed as a , at —for the past years. I will not be active in any way in the annagemedt and/or operation of the business to be licensed by this De4artment. I' am not involved in any way with the uianufagturing or wholesaling of alcoholic, business. I certify that the above information iL, true and correct to the best of my knowledge. I state this under penalty of perjury. Signature Date Address Business phone number blame phone number INFORMATION AND INSTRUCTIONS (Rule 1 .3) APPLICANTS) NAME: PREMISES ADDRESS: TYPE OF LICENSE: CENSUS TRACT: NUMBER OF LICENSES ALLOWED NUMBER OF EXISTING LICENSES CRIME REPORTING DISTRICT # CRIMES IN REPORTING DISTRICT REPORTING DISTRICT AVERAGE The above premises are located in an area which has an overconcentration of alcoholic beverage licenses and a higher than average crime rate as defined in .Rule 61.3, Chapter I, Title 4, California Administrative Code. The Department is required to deny your application unless it can be shown that public convenience or necessity will be served by issuance of another license in this area. The Department has determined that in most instances public convenience or necessity is already served by the existing licenses. If you wish to proceed at this location, it will be necessary for you to submit a letter at the time you file a formal application setting forth valid reasons why issuance of another license is justified in this overconcentrated area. In the event another license can be justified, it will be subject to appropriate conditions. ABC-245 (est 12-84) INFORMATION AND INSTRUCTIONS Rule 1.4 Dear Applicant: Rule 61 .4, Chapter I, Title 4, California Administrative Code states: "No original issuance of a. retail license or premises-to-premises transfer of a retail license shall be approved for premises at which either of the following conditions exist: "(a) The .premises are located within 100 feet of a residence. 11(b) The parking lot or parking area which is maintained for the benefit of patrons of the premises, or operated in conjunction with the premises, is located within 100 'feet of a residence. Where the parking lot is maintained for the benefit of patrons of multiple businesses in the vicinity of the premises, the parking area considered for the purpose of this rule shall be determined by the area necessary to comply with the off-street parking requirements as mandated by the local ordinance, or if there are no local requirements for off-street parking, then the area which would reasonably be necessary to accommodate the anticipated parking needs of the premises, taking into consideration the type business and operation contemplated. "Distances provided for in this rule shall be measured by airline from the closest edge of any residential structure to the closest edge of the premises or the closest edge of the parking lot or parking area, as defined hereinabove, whichever distance is shorter. "This rule does not apply where the premises have been licensed and operated with the same type license within 90 days of the application. "Notwithstanding the provisions of this rule, the department may issue an original retail license or transfer a retail license premises-to-premises where the applicant establishes the operation of the business would not interfere with the quiet enjoyment of the property by residents." A residence is defined as a place where people actually live, such as a single family home, condo, residential hotel or motel, or mobile home. A determination must be made as to whether or not your proposed premises is located in an area as described above. In order to make such determination, it will be necessary for you to complete the attached RESIDENTIAL AFFIDAVIT, to be submitted at the time you file a formal application. If you can establish that your business will not disturb the residents, your license will be issued subject to appropriate conditions. ABC-246 (est 12-84) STATE OF CALIFORNIA -artment. of Alcoholic Beverage —ntrol STATEMENT RE: RESIDENCES Rule 1. The following is a list of the addresses of all residences which are: (A) located within 1.00 feet of the premises for which an alcoholic beverage license is sought at , or, address ;of applicant premises (B) located within 100 feet of the parking lot or parking area which is maintained for benefit of the patrons of applicant premises or operated in conjunction with applicant premises. (If there are no residences within 100 feet - state "None". ) ADDRESS OF RESIDENCES print or type 1 . 8. 2. 9. 3. 10. 4. 11 . 5. 12. 6. 13. 7. 14. (Use reverse side_ if additional spaces are needed) The distances were measured by direct line from the closest edge of the resi- dential structure to the closest edge of the premises to be licensed or closest edge of the parking lot or parking area as defined above, whichever distance was shortest. I acknowledge that any false, misleading or omitted information; required in this statement will constitute grounds for denial of application for: the license , or if the license is issued in reliance upon information in this statement which is omitted, false or misleading, then such misinformation or omission will consti- tute grounds for revocation of the license so issued. Signature and Title Dated ABC-247 (4-87) STATEMENT RE: SCHOOLS, CHURCHES, HOSPITALS, PUBLIC PLAYGROUNDS, PARKS AND YOUTH FACILITIES The following is a list of names and addresses of all schools, churches, hospitals, public playgrounds, . parks, and youth facilities located within (200 feet if off-sale/600 feet if on-sale) feet of the premises located at address of applicant premises) (If there are none, state "None". ) Name Address 1 . 2. 3. 4. 5. 6. 7. 8. 9. 10. (Use reverse side if additional spaces are needed. ) The distances were measured by direct line from the closest edge of the school, church, hospital, public playground, park property, or youth facility to the closest edge of the applicant premises. I acknowledge that any false, misleading or omitted information required in this statement will constitute grounds for denial of the application for the license, or, if the license is issued in reliance upon information in this statement which is omitted, false or misleading, then such misinformation or omission will constitute grounds for revocation of the license so issued. Signature and Title Dated (over) ABC-251 (est 12-84) DEFINITIONS (1 ) "Premises" means the building or other facility wherein alcoholic beverages will be stored, sold, served or consumed. (2) "School" means the real property upon which is located any institution, place or building primarily used for imparting of organized instruction to persons under 21 ,years of age. It includes both public and private institutions where the primary purpose is instruction, but, does not include nursery schools or other institutions which are primarily for the purpose of care rather than instruction. (3) "Church" means the real property upon which is located an 'institution, place or building designed and used for the purpose of the assemblage of people at regular and frequent intervals for devine worship. This includes "store front churches". A temporary location may be considered a church if plans are presented for the construction of a ',permanent building for that purpose at that location. (4) "Hospital" means the real property upon which is located any institution, place, or building which maintains and operates organized facilities for diagnosis, care, and treatment of human illness, including convalescence and including care during and after pregnancy, and to which persons may be admitted for overnight stay or longer. It includes sanitarium, nursing home, and maternity home. (5) "Public playground" or "Park" means the real property primarily designed and operated as a public place where persons may engage in physical play, games, sports, or similar activity, and containing facilities for such activity whether there be any building or structure thereon or not. (6) "Youth facilities" means any type of facility regularly used by, youth groups such as girl scouts, boy scouts, campfire girls,' or boys or girls. clubs. ABC-251 (est 12-84) STATE,OF CALIFORNIA DIAGRAr- 7F PROPERTY ON WHICH DEPARTMENT OF ALCOHOLIC BEVER.._c CONTROL LICENSEL PREMISES ARE LOCATED APPL I CAN T(S)' - 41SES ADDRESS (Street) - (City) TYPE OF LICENSE The diagram below is a true and correct description of the property owned or otherwise controlled by me/us on which the licensed premises described on Form ABC-257 are located, and showing the location of said premises on the property. DIAGIIAM: It is hereby declared that the above-described property is owned or otherwise controlled by me/us and it is agreed and understood that the only area therein in which alcoholic beverages will be sold, served, consumed, possessed or stored is that portion designated above and on Form ABC-257 as the licensed premises. I declare under penalty of perjury that the foregoing is true and correct. Date:------------ ---------------------Place:--------------------------------------------------------------- ---------------------------------------------------------------- Signature --------------------------------------- Signature DEPARTMENT use only. A BC-288 (6=78) Inspected on: Certified correct: ' STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVEnxGE CONTROL ZONING AFFIDAVIT 1 . Premises address 2. Parcel Number of Property (Must obtain parcel number from County Assessor's Office before contacting Planning Dept. ) 3. Type of license (Indicate if upgrade ,of licensed privileges and indicate current license type) 4. Type of Business (i.e. , restaurant , mini-mart, gas station, etc. ) 5. Applicant premises are zoned: State type (i.e. , "C" Commercial , "R" Residential, etc. ) 6. Does zoning permit intended use: Yes No F i�.ielUri: P OOF OF FILING 7. Conditional Use Permit (C.U.P. ) needed: Yes No AT TIME OF APPLICATION If yes: Date Conditional Use Permit Application filed 8. Name and phone number of Planner contacted at Planning Department: Name Phone Number Under the penalty of perjury, I declare the information in this affidavit is true to the best of my knowledge. I acknowledge that any false or misleading information will constitute grounds for denial of the application for the license or if, the license is issued in reliance on information in this affidavit which is false or misleading, then such information .will constitute grounds for revocation of the license so issued. Applicant's Signature Date FOR DEPARTMENT USE ONLY C.U.P. Approved File Denied Date If approved, effective date: ABC-255 (9-86) STATE OF CALIFORNIA DE PARTMENT OF ALCOHOLIC BEVERA_ . CONTROL DIAGARN ME LICENSED APPLICANTM EXA M PLE ❑SES ADDRESS (Street)- (City) TYPE OF LICENSE The Diagram below is a true and correct description of the entrances, exits, interior walls & exterior boundaries of the premises to be licensed, INCLUDING DIMENSIONS. DIAGRAM= " - "D04."V s f)rx4 PCL k 0 I '�.c ids � o 0 0 o ar 0 0 0 0 o I /}✓� so Store Roo 17�_ o 000 Q1nlr�„ O0 00 -- ( 60.Y1c kEl I I !L'ArS �0.�Icf 1� SI a,r5 � S��rs V ,re IT IS HEREBY DECLARED THAT THE ABOVE-DESCRIBED BOUNDARIES , ENTRANCES AND PLANNE[ OPERATION (AS INDICATED ON THE REVERSE SIDE) , WILL NOT BE CHANGED WITHOUT FIRST . NOTIFYING AND SECURING PRIOR WRITTEN APPROVAL OF THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL . I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUF AND CORRECT . n^ Date: EeA M PI-6 SIGNATURE Place: . SIGNATURE Special Instructions for Applicants for Public Premises Type Licenses Your signature above acknowledges that you are aware that in premises operated as a Public Premises no persons under 21 years of age are to be allowed. A sign at least 7"x I I" stating"No Person Under 21 Allowed"must be posted near each entrance and at a_prominent place in the interior of the premises DEPARTMENT use o ly. ABC- 257-A-1 Vest 12-84) STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC $EVEr,^GE CONTROL DIALAM OF LICENSM PREMISES a tOP:=IC ANTIS) F XA M PL—E Pr.EtiesEs AODR EiS (yI.II+r). - (City) TYPE OF LICENSE i The Diagram below: is a true and correct description of the entrances, exits, interior walls 6 exterior bocndarie- -f the premises to be licensed, INCLUDING DIMENSIONS. D1AG RAM : 30 --- -- it Ue 0 �y I d d v IT IS HEREBY DECLARED THAT THE ABOVE-DESCRIBED BOUNDARIES , ENTRANCES AND PLANNED OPERATION (AS INDICATED ON THE REVERSE SIDE) , WILL NOT BE CHANGED WITHOUT FIRST NOTIFYING AND SECURING PRIOR WRITTEN APPROVAL OF THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Date: EXAM pLE sr6NATURE Place: .� 236HATURK DEPARTMENT use only. ABC-257-B-1 (est 12-84) Inspected on: Csrtefisd correct:— STATE OF CALIFORNIA PREMISES DEPARTMENT OF ALCOHOLIC BEVERA— CONTROL DIAGO Or LICENSED A PPLI CAN T(S) - - - - iSE5 ADDRESS (Street) - - (City). TYPE OF LICENSE The Diagram below is a true and correct description of the entrances, exits, interior walls and exterior boundaries of the premises to be licensed, ineludirg dimiore9. DIAGRAM: It is hereby declared that the above-described bou-idaries,, entrances and planned operation (as indicated on the reverse side), will not be changed without first notifyirg and securing prior written approval of the Department of Alcoholic Beverage Control. I declare under penalty of perjury that the foregoing is true and correct. Date: SIGNATURE Place: _ :SIGNATURE DEPARTMENT use only. ABC-�257-B (12-84) Inspected on: Certified correct:_ A. My planned operation of the premises can best be described as: Liquor Store _ Delicatessen — Alcoholic Beverages sold as a convenience Supermarket to the purchase of carry—out packaged or prepared food items Variety Drug Store . Neighborhood or Convenience Market Florist or Gift Shop — Alcoholic _ Gas Station or Drive In Dairy beverages sold as a convenience and incidental to sale of other _ Other (Describe Briefly) items B. General description of the neighborhood of the premises: Residential Industrial Rural Commercial Mixed—Commercial/ _ Other (Describe Briefly) Residential C. Fremises is located on: Major Street (example: Boulevard, Highway, Street) Secondary ,Street (example: Residential) Other (Describe Briefly): D.' Description of the 'structure: Premises is located in: Single Story _ Free—Standing Building Two—Story _ Small Shopping Center (Less than 10 businesses) . _ Multi—Story: No. of Stories _ Large Shopping Center (10 or more businesses) E. Hours of operation: Sunday — Thursday: Friday & Saturday.: Do premises have off-street parking: _ Yes of cars. No Date Applicant's Signature State of California DEFARTMI,NT OF ALCOHOLIC BEVERAL__ CONTROL Office REQUEST FOR INFORMATION ON FOMER LICENSEE Date To Re: The above-listed person states that a license was issued to him/her in your district office at the followi.ng .premises address: Please provide the information requested below for the last seven years. Special Investigator Type of License(s) Years .He ld uses Address Type of Ownership Fingerprint No. Date CII No. Copy f CII Report Attached No Local Arrest Accusations ABC-237 (9-76) STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL CERTIFICATION CONCERNING CHAPTER 15 TIED-HOUSE RESTRICTIONS APPLICANT: TYPE LICENSE: LOCATION: CERTIFICATION The undersigned hereby certifies that neither it nor any of its subsidiaries,its officers,directors,employees or agents holds any ownership or interest, directly or indirectly,in any manufacturer's,winegrower's,rectifier's importer's or wholesaler's license or in the property or the business conducted under any such license. (NOTE: If such certification cannot be made by the corporation,the ownership or interest held should be identified, and listed below.) I have read all of the above contained information and certifications and declare under penalty of perjury they are true,correct,and complete. Name of Corporation For the Corporation Title Dated at ______ _ the day of ___ 19 ABC-142 (10-73) (Retail Licenses) St'ATIL]CF CALIFS;;NIA nL'P�1RI'A. :'Iz'OI' •rLCO1IULIC' ii::`ti/EfZE�.Gt; i.'J�TP..uI. CL'ATI1'IiCATION Cf,NCI NCHIPvrvC:I1APTER ISTIIv',r)-':iOU:;F Rl,:Sl'.'&ICTIONS APi IJCANT: TYPE, LIC1 NIM' LOCI%TIC);+N CERTIFICATION The undersi-ned l?crehy oe o flcs iila! l!"itlior it Ilor auy irf Its subsidiaries,its officers, lizeCtors or z ents LoldS i'tiv o.':ilclship iil;:'Iest, &ii'*-aij" Car i""'directly In wily o/l-S:ILi license or off-salt: license. nor in the pfotai1 es upoon whicli such retail keww Is itl::att d,not in the husi:v'ss furnishings,or equipment in such,iiiensc-d pronnises,nor has it furilisllCJ' j`,tven nor loaried -'-noiwy er otlier of va!L1C,d(recily or Indirectly, to a iobii lic nsee,nor g'u3r liteed the Fop,,%171 nt of any loan or obligation owed by such retail ticerlsce. (NO'TV: If Such Ce:iifr:_ltioil C,rnaot be made by the corporation,tlic ownership or interest lield should be identified, and listed ticio;v.) I have read all of the above contained information and certifications and declare under penalty of perjury they are true,correct and complete. Name of For thu Dated at - —---the dau of __._-----_ 19� ABC7143(10-73) (!Jon-Rctail Licenses) STATI? OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVE. _vE CONTROL CORPORATE QUESTIONNAIRE NAM[- OF CORPORATION rA - ABC LICENSE NO. PREMISES ADDRESS (Street) - (City) - (Zip) TELEPHONE ATTORNEY - ADDRESS (Street) (City) (Zip) TELEPHONE - ACCOUNTANT , - ADDRESS ,(Street) - (City) (Zip) TELEPHONE LOCATION OF STOCK REGISTER AND MINUTE BOOK LOCATION OF BANK ACCOUNT - AUTHORIZED SIGNATURE(5) OF BANK ACCOUNT IS STOCK REQUIRED - - - ESCROW HOLDER -TO BE ESCROWED? YES ❑ NO _ DATE OF INCORPORATION STATE OF INCORPORATION CALIFORNIA SECRETARY OF STATE FILE NO. NOTIFICATION, DATE:- AUTHORIZE PERMIT TO ISSUE, DATE. ISSUANCE TO: OFFICERS AND DIRECTORS (Use additional sheet if required) TITLE - NAME ADDRESS TELEPHONE LIST ALL STOCK CERTIFICATES (Use additional sheets, if necessary. List Certificates chronologically, including active, cancelled, and pending issuance. If stock is pledged, include date, number of shares, and from whom to whom.) TO WHOM ISSUED CERTIFICATE NO. NO. OF SHARES DATE"•ISSUED - DATE CANCELLED - 111iiREBY CERTIFY the above are the present officers, directors and/or stockholders and that each such officer,director and stockholder is the real party in interest with respect to their position and is not acting directly or indirectly as an agent,employee or representative of any other person not reported to the Department. It is understood that any change in officers,directors and/or issuance or transfer of shares of its stock which results in a person not previously approved owning 10%or more will he reported can within 30 days pursuant to Rule 68.5 of the Rules and Regulations of the Alcoholic'Beverage Control Act. FOR l"HF_' CORPORATION TITLE DATE FOR DEPARTMENT USE ONLY (Rule 68.5 only) DISTRICT OFFICE: SACRAMENTO, CA: (DATE) ABC-243 (3-87) AUTHORIZED REPRESENTATIVE LIMITED PARTNERSHIP QUESTIONNAIRE 1. Name of Limited Partnership: i 2. Address of Applicant Premises: Street City ----Zip -- 3• Limited Partnership Headquarters Address and Phone Number Street City Zip Phone Number 4. Name, Address, Phone Number of Limited Partnership Attorney Street , City Zip Phone Number 5. Date Filed with Secretary of State: 6. Has Limited Partnership Agreement and/or Certificate been amended? Yes No 7. Date of last amendment to Limited Partnership Agreement: �a 8. Names of General Partners: (1 ) (2) (3) (4) (5) 9. Are there more than ten (10) Limited Partners? Yes No 10. If there are ten (10) or less Limited Partners, list names of all Limited Partners: (T) (2) (3) (4) (5) (6) (7) (8) (9) (10) . 11 . If there are more than ten (10) Limited Partners, list names of those Limited Partners who own 10 percent of the capital or profits of the Limited Partnership: (1 ) (2) (3) (4) (5) (6) (7) (8) (9) 12. Submit Questionnaire with copy of original Limited Partnership Agreement and all amendments thereto. If additional space is needed, use the reverse of this form. ABC-256 (est 12-84) 1 GA S AND A L COHO L A C KNOW L E D G E M E NT Effective January 1, 1988, Section 23790 . 5 of the Alcoholic Beverage Control Act came into effect regulating those locations offering the concurrent sale of gasoline and alcohol .as follows: 1. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. . 2 . No advertisement of alcoholic beverages shall be displayed at motor fuel islands. 3. No sale of alcoholic beverages shall be made from a drive-in window. 4 . No display or sale of beer or wine shall be made from an ice tub. 5 . No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows. 6 . Employees on duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 years of age to sell beer and wine. I acknowledge receipt of a copy of this document. SIGNED DATE i C: \WP\DC\GA � a y L a S rr . C)F C O N 1D I T I G7 N S !MPds EA Y f4 t�� F Sales , service and consumption of alcoholic beverages shall be permitted only between the hours of F 2 There shall be no bar or lounge area upon the licensed premises maintained for the purpose of sale , service or consumption of alcoholic beverages directly to patrons for consumption. F 3 At all times when the premises are open for business , the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. F 4 The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants . F 5 The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. F 6 The sale of beer and/or wine for consumption off the premises is prohibited. F 7 The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities during the same period. F 8 There shall be no live entertainment, amplified music or dancing permitted on the premises at any time. F 9 Entertainment provided shall not be audible beyond the area under the control of the licensee. F10 The door(s ) shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries . F11 Between the hours of and at any time the premises are providing entertainment and/or dancing, the petitioner(s ) shall provide a security guard in the parking lot and shall maintain order therein and prevent any activity which would interfere with the quite enjoyment of their property of nearby residents . F12 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. F13 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee . w tober 21 , 1987 F14 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct ,of all persons on or about the parking lot . F15 Lighting in the parking area of the premises shall be directed, positioned and shielded in "such a manner so as' not to unreasonably illuminate the window area of nearby residences . F16 The petitioner( s ) shall provide off-street parking spaces for use by the patrons of the premises . F17 The petitioner( s ) shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control . . F18 There shall be no pool tables or coin-operated games maintained upon the premises at any time . F19 There shall be no coin-operated games maintained upon the premises at any time . ' F20 No wine and/or distilled spirits shall be sold' in bottles or containers smaller than F21 Trash pickup at the premises will be made no earlier than nor later than F22 The petitioner( s ) shall construct and maintain, a solid block or brick fence not less than 11 feet high 'along the boundary of the premises parking lot . F23 The petitioner( s) shall stock and offer forlsale, a substantial assortment of food and/or merchandise commonly' associated with and sold to persons in the community of extraction. r October 21 , 1987 o,dntington beach department _. community development STA F f d ` TO: Planning Commission FROM: Community Development DATE: December 13, - 1988 SUBJECT: CODE AMENDMENT NO. , 88-.5/NEGATIVE DECLARATION NO. 88-45 APPLICANT: City of Huntington' Beach REQUEST: To . establish provisions regulating the sale of alcoholic beverages. LOCATION: City wide ZONE: Applies to any use proposing to sell alcoholic beverage sales in the C2, C4, Ml-A, M1 and Pacifica Community Plan zones. 1 . 0 SUGGESTED ACTION: Approve Negative Declaration No. 88-45 and Code Amendment No. 88-5 with findings and forward to the City Council for adoption. 2 .0 GENERAL INFORMATION: Code Amendment No. 88-5 is a request by the Planning staff to revise the Huntington Beach Ordinance Code regulating the sale of alcoholic beverages . These revisions include the establishment of a new section to address the use of alcoholic beverages either as a primary or secondary use and to allow the sale of alcoholic beverages .concurrent with gasoline sales. 3..0 ENVIRONMENTAL STATUS: Pursuant . to. the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 88-45 for ten days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that' a negative declaration be issued. Prior to any ,action on Code Amendment No. 88-5, it is necessary for the Planning commission to review and act on. Negative Declaration No. 88-45 . A-F M 23C 4 .0 ANLALYSIS: Code Amendment No. 88-5 intends to add and amend existing provisions to regulate the sale of alcoholic beverages.. As depicted in the pro po ed ordi.nance, the .following. is .an overview of Code Amendment No. 88-5. Article 922. Amend §9220 . 1(b) by .deleting bars/saloons from plan review process. They wll' be' listed under `Alcoholic Beverage. Sales uses. Amend §9220.2(d) by requiring alcoholic beverage sales to be subject to the conditional use permit process and new §9636 et.. seq. x Amend §9220. 14(b) by deleting the prohibition of concurrent sale of gasoline and alcoholic beverage in compliance with State Law. They will be listed under Alcoholic Beverage; Sales uses. Article 951 Amend §9510. 01(c) by adding alcoholic beverage sales to uses permitted by conditional use permit as an unclassified use. Article 953 Amend §9530.01(c) by adding alcoholic beverage sales to uses permitted by conditional use permit as an unclassified use. Article 954 Amend §9645. 1(a) (6) by deleting the prohibition of concurrent sale of gasoline and alcoholic beverage in compliance with State Law. The provisions proposed for regulation of alcoholic beverage sales are directed. to the zones where commercial type activities occur. Certain exemptions to the conditional use permit process based upon specific locat.ional and floor layout criteria will apply to retail markets, bars, restaurants, liquor stores, florist shops, and temporary uses. The provisions include Planning Commission comments expressed .as a -discussion itemat the November 1, 1988 Planning Commission, meeting 5 .0 RECgMNDATION: Staff .recommends that the Planning Commission approve Negative Declaration No 88-45 and Code Amendment No. 88-5 and forward the proposed ordinance to the City� Council for adoption based on the following` f indngs FINDINGS FOR APPROVAL: 1. Code Amendment No. 88-5 creates more consistency in the Huntington Beach Ordinance Code relative to the regulation of alcoholic beverages as a primary or secondary use in the City of Huntington Beach. Staff. Report 12/13/88 -2- (1689d) 2 .-. Code Amendment ,No. 88-5 is consistent with the enactment of Assembly Bill 937 which prohibits the City from banning concurrent gasoline and alcoholic beverage sales . 3 Code Amendment No. 88-5 will not adversely ;affect: tth,e goals and policies of the Huntington Beach General Plan: 6.0 ALTERNATIVE ACTION The Planning Commission may modify Code Amendment No. 88-5 as desired. ATTACHMENTS: 1 . Draft Ordinance 2. Staff report da ed .November 1, 1988 MA:SP:gbm Staff Report 12/13/88 -3- (1689d) ORDINANCE NO. AN ORDINANCE OF THE CITY .OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9.220. 1(b) , 9220 .2(d) , 9220. 14(b) , 9510. 01(c) ,, 9530. 01(c) , 9645. 1(a) (6) . AND ADDING THERETO SECTIONS 9636 AND9636. 1 The City Council of the City of Huntington Beach does ordain. as follows: SECTION 1. The Huntington Beach Ordinance Code is hereby amended by amending Sections 9220.1(b) , 922000. 2(d) , 9220. 14(b) , 9510.01(c) , 9530 . 01(c) , 9645 . 1a).(6) to read as follows: S. 9220. 1(b) List B - C2. C4 districts . Initial establishment of use and occupancy for List B uses shall be permitted in the C2 and C4 districts subject to plan review approval by the director. A. Animal grooming; no boarding or outdoor kennels Automotive parts egL�(16ZY�Kt+�[eri��BiC���Ya4/�KaS�S� Bicycle shops': Blueprint, copy, and print shops Bookstores and newsstands D. Department and clothing stores Dry cleaning (retail) E. Electronic part supply F. Financial institutions Frozen food lockers (retail) Furniture and appliance stores H. Home improvement, including paint, electrical, plumbing, and hardware supplies Health clubs with less than twenty-five hundred (2500) square feet I . Ice storage, limited to five (5) ton capacity J. Jewelry stores O M. Marine supplies Movie theatres Music conservatories N. Nurseries ' (retail) 0. Office supplies and stationery P. Pet stores Photography studios, equipment and sales R. Repair shops, appliances and electronics only S. 9220 .2 (d) List D C2. C4 districts--Conditional use permit Initial establishment of use and occupancy for List D .uses .shall be permitted within the C2 and C44istricts (except as specified) subject to the approval of a conditional use permit application by the Planning Commission. Conditional use permits issued shall be nontransferable for the uses. below: which are preceded by an asterisk. (See Definitions for nontransferable restriction.) A. Alcoholic everaaa Sales pursuant to Article 963 *Adult businesses p'ursuant' to Article 975 Animal Clinic: D. *Dancing and/,or live entertainment, including dancing for patrons under the age of twenty-one (21) pursuant to Section 9220 . 12 F. *Fortunetelling (C4 only) H. Hotels and motels (C4 only, pursuant to "Section 9220 . 13) S. Service stations pursuant to Section 9220 . 14 U. Unclassified uses pursuant to Article 963 S. 9220 . 14 (b) Prohibited uses. ��.�/meS/�Sefsdri/esbrX�Ig,�/epeY`aiCt�Iu�/ef/xai�fac�I�J/�driYY`eX/df/a ae��i�ce/�tatiCerl/sxaY2/seyX/�fri�/aiXceSxdl�r�/be�ea`�4s�e/dg/1SegttS�Ct/r6f pf e�iY�r�s',l//J�a/�Isr�d/��f/t!xYa/�e�tYe�i�/9a��@ex�SXt�/be�fef24�Je�/�xal� �teg�t.ra�t�/r�Yt���s�trxx�tr6�tx/esf/���1oxg/Yi���tet/�d�txatrtt�ty�/a�sxge/xxxn f da�/l�e�fa�fafgt�/p�tf�dd�e�/eti!xef/eerie/ey/�6xe�t/�IYY�(�ed,�/��ed/off cr�rtil6Y�led/ybi`i�K/t6iCKef/�ribSl.`arl�e�,l (1746d) (1) Automobile .repair shall be limited to minor. repair as defined in this code. �103c) The following .uses may be permitted subject to the approval of a conditional use permit by the Planning Commission: (1) Mixed Use Developments (refer to Section 9510 .14) (2) Restaurants or sandwich shops (2710-9/84) LU Unclassified Use nt, to Article 963 9530 . 01(c) The following use s, may be permitted subject to the approval of a conditional use permit by the Planning Commission: (1) Mixed use developments (refer to Section 9530 . 14) . (2) Major outside storage or operations (3) Automobile dismantling and storage (refer to Section 9530 . 16) . . (4) Restaurants or sandwich shops (2710-9/84) M Unclassified Uses pursuant to Article 963 9645 . 1(a) District One Permitted Uses (1) Hospitals and convalescent hospitals; (2) Medical and dental buildings; (3) Pharmacies; (4) Rest homes, nursing homes, residential health care facilities and sanitariums; (5) Office/professional uses; �ctafKei�s/iC�I/�e�if�fatIKN�e/�6iCi�M/QZ,�/YCeaa1�CK� FSMKYriegs/BYgt�`tci�3'lK�i�/SSA/9Sea`�g�e/SgKgY�6�i SKKnd�fdgL9//m�S/�defse�i/e��S��f��/dpe��lKt�i�/eX` Yt�f�i$�IaJ/@�6rit�EtBY/r6f/at/��fri�fe�iterir�e/�tKfKe�/r�rd�IbXrled �i'YX/K/geyNiC�e/s�g1�Y�drl�/�s/alePYxle�[/fin/�KYs/�drde,� sYiKXY/sr�YY/�fri�/�Yr�dHaSYiCc/J�e�4efga�e/��/pef�tlYt/fig �fYYd�b/YMe/g�tYe/�S�/ref rfsn�S�dfLtr6ri/�5f/�4xi�/�Y��MeYaCr� be:fe�zlaJr�/drt/��IKH/pfe�1[t�er�L//Fts/used/Xis/#llts ge��Yd K.�/Y�Y�dKeYY�/l6e�ieYX aJe9/gM�YY/�[eKri/a�rl� fiXY�.�/r��dYYtKa�rS�ts/r6f/:iY�id�ts/Yt�N6a�/�d�t�'�ia'�IgrleJ/tt4dte �M�fM/Brie/NKY�/df/Y/pef�erft/�f/mOffe/df/alY�dH�Y/b� :E�SY�(me,�/�6Mg�M/Ys/iYl'/�Pd�`/be� ey�Qe/ld�f p�seg/et L Mef z(Y�rle/d f/�bNe�i/dYY�[�ed,�/Rlt�feal/ref/��r�i���ted/SbYY�1 �YKe�/g�b��K�IcesL (1746d) �ij (6) Service stations with or without convenience markets in conformance with Commercial District Standards contained in Article 922. (7) Apartments or condominiums when support services prescribed herein are integrated into such structures to implement the purpose of this article. (8) Support services to apartments and condominiums, including but not limited to, eating facilities, beauty/barber shops, libraries, private health clubs, health care facilities and retailcommercial establishments;. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9636 and 9636. 1 to read as follows : 5.9636 Alcoholic Beverage Sales A conditional use permit shall be required for any business proposing to sell alcoholic beverages for on-site or off-site consumption S.9636.1 Exceptions The following uses are exempt from the conditional use permit process: A. Retail markets which have 20.000 square feet or more of floor area and no morerdev!Qted to sales display. and storage of alcoholic beverages, o-rA GoriJ c{;o� wi t l• f,x side of Vso/ine 07- 0+(t e mC'foY v ki'cIe_ (utl Retail markets with less than 20.000 square feet of floor area restaurants _ bars,` and liauor stores which satisfy the following requirements: M The subject property shall be located a minimum 300 feet from any residence, school, church, or public use. ` i.e. park. hospital, boys/girls clubs 121 The restaurant shall be licensed by the State of California as a bona fide eating establishment: contain a fully equipped and permanently maintained kitchen: have a bar or lounge area with less floor area than the -:. dining area: and no separate outside entrance to the . bar or lounge area: 1 �. . -Retail markets with less than 20.000 square feet of floor area shall have no signs advertising the sale of alcoholic beverages directed toward persons outside of the building and no more than 10 percent of the floor area devoted to sales. display and storage of alcoholic beverages. �`�� T/�e 5a1� ot� ma,-kz-f- 9a�ds 5half n.o-{- b� cGtn-nriedion ir. GonJu.v�c�ion w;�1.. -�1.2 �ctla cJ F 4501ivr¢ ctvtt� otl,Q*- mUdv�' ve-hiGle Florists sh8ps offering the sale of a bottle of an alcoholic beverage together with a' floral arrangement. D. Temporary Outdoor Events pursuant to Section 9730.64. (1746d) �.� SECTION 3 . This resolution shall take effect thirty days . after its passage. PASSED AND ADOPTED by the City Council of the City of . Huntington Beach at a regular meeting thereof held on .the day . of 19�. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Community Development (1746d) �j Section 9610 .4 (a) of the Code prohibits "flashing, moving, pulsating or intermittently lighted signs including searchlights; except public service signs such as those f,or time and temperature:" Section 9610 .4 (h) prohibits "changbable copy signs, including electronic readerboards; except theatre marquees . " The requested code amendment would amend these prohibitions to exempt electronic readerboards, add specifications and locational criteria for such signs, and amend certain definitions to accommodate the aforementioned changes . i f ENVIRONMENTAL STATUS: Pursuant to the environ ntal regulations in effect at this time, the Department of Comm ity Development posted draft Negative Declaration No . 88-39 for ten days, and no comments, either verbal', or written were rece7ved. The applicant requested a continuance to the January 4, 191.8.9' R, Planning Co iss n meeting. STAFF RECOMMEN TION: Deny Code ,Am ndment No. 88-14 with findings . A MOTION W S MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO CONTINUE CODE AMENDMENT NO. 88-14 AND NEGATIVE DECLARATION NO. 88-39 TO THE JANUARY 1989 PLANNING COMMISSION MEETING, PER THE APPLICANT' S REQUEST BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Williams, Leipzig, Ortega, Higgins, Bourguignon NOES:,: None ABSEN1r: None ABSTAIN: None MOTION PASSED C-6 CODE AMENDMENT NO. 88-5/NEGATIVE DECLARATION NO. 88-45 APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No . 88-5 is a request by the Planning staff to revise the Huntington Beach Ordinance Code regulating the sale of alcoholic beverages . These revisions include the establishment of a new section to address the use of alcoholic beverages either as a primary or secondary use and to allow the sale of alcoholic beverages concurrent with gasoline sales . PC Minutes - 12/13/88 -22- (1827d) } ""-'"."�:` �''�x �• ;:4a'; Yet ENVIRONMENTAL STATUS. Pursuant to the environmental regulations in effect at this-time, the Department of Community Development posted draft Negative Declaration No. 88-45 for ten days, and no comments, either verbal or written were received. STAFF RECOMMENDATION: Approve Negative Declaration No . 88-45 and Code Amendment No . 88-5 with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED = ti Donald Alvarado, representative from Smart and Final, stated concefn with the code. His store is considered a wholesale store in his ` designated zone by the City; the ABC considers it a retail store. If Smart and Final should apply to the City for a permit to sell liquor will it be an incompatible use at their location. He said the code does not address this situation. Staff explained that it was considered under the miscellaneous sections (wholesale) . There were no other persons present to speak for or against the code amendment and the public hearing was closed. A MOTION WAS MADE BY LIVENGOOD, SECOND BY ORTEGA, TO APPROVE CODE AMENDMENT NO. 88-5 AND NEGATIVE DECLARATION NO. 88-45 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Williams, Leipzig, Ortega, Higgins, Bourguignon NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Code Amendment No . 88-5 creates more consistency in the Huntington Beach Ordinance Code relative to the regulation of alcoholic beverages as a primary or secondary use in the City of Huntington Beach. 2 . Code Amendment No. 88-5 is consistent with the enactment of Assembly Bill 937 which prohibits the City from banning concurrent gasoline and alcoholic beverage sales . 13 Code Amendment No. 88-5 will not adversely affect the goals and policies of the Huntington Beach General Plan. PC Minutes - 12/13/88 -23- (1827d) +t 'r D. ITEMS NOT PUBLIC HEARING D-1 EXTENSION OF TIME - CONDITIONAL USE PERMIT APPLICANTS: ROBERT ZWEIBEL/EVELYNE R. SHA�EROY AND YOLANDA COLLINS STAFF RECOMMENDATION: Approve a one ear extension of . time until November 1, 1989, for Conditional Use Permit No. 86-2 with all previous conditions of approval appiicarblc. ' A MOTION WAS MADE BY SLABS, SECOND BY LIVENGOOD ` T©► APPROVE A ONE-YEAR EXTENSION OF TIME UNTIL NOVEMBER 1, 1989, FOR CONDITIONAL USE PERMIT NO,. 86-2 WITH ALL PREVIOUS CONDITIONS OF APPROVAL APPLICAHPE, BY THE FOLLOWING. VOTE: AYES: Slates, Livengood, Leipzig, Ortega, Higgins, Hourguignon NOES: ,None ABSENT:.! Slates (Out of Room) ABST,P Ti: None D-2 PROPOSED CODE AMENDMENT -, ALCOHOLIC BEVERAGE SALES STAFF RECOMMENDATION: Direct staff to prepare an ordinance and set for public hearing. The Commission requested staff to set a public gearing after opinions/remarks were obtained from ABC, local merchant groups and any other State agencies and all .interest' groups notified (e.g. Chamber of Commerce, Board of Realtors, Huntington Beach Tomorrow, etc. ) . A MOTION WAS MADE BY SLATES, SECOND BY ORTEGA, FOR DIRECTION TO STAFF TO PREPARE AN ORDINANCE AND SCHEDULE A PUBLIC HEARING WITHIN 60 DAYS, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Biggins,. Bourguignon NOES: None ABSENT: None ABSTAIN: None MTION PASSED PC Minutes - 11/1/88 -12- (1585d) r A MffION WAS MADE BY SLATES, SECOND BY HIGGINS, TO APPROVE COND TIONAL USE PERMIT NO. 88-42, WITH FINDINGS AND AMENDED CONDI IONS OF APPROVAL, BY THE FOLLOWING VOTE: _ AYES: Slates, Livengood, Leipzig, Ort ga, Higgins, Bourguignon NOES: None ABSENT: Silva (Out of Boom) ABSTAIN: None ION PAUMD FINDINGS Ay: 1 . The estab ishment, maintenanc and operation of the cellular phone faci ity will not be' de rimental to the general welfare of persons eliding or worki g in the vicinity, nor to property and improve eats in the vicinity. 2 . The granting f the Condit onal use permit for a cellular phone facility will of adverse y affect the General Plan of the City of Huntington a ach. 3 . The cellular phon faci ity is consistent with .the goals and objectives of the ity's General Plan and Land Use Map. 4 . The cellular phone a ility will reduce parking demand at the site because the fac lity •is unmanned. 5. The antennas will b s reened by the rooftop railing and will therefore not be u sigh ly. CONDITION 1. The site plan, loor plans, d elevations received and dated September 6, 19 8, shall be a approved layout with the following coed tions : a . Antennas shall be painted w ' te to match the rooftop railing b. Anten s shall not project abov rooftop railing. 2 . Placemen of additional antennas on t e site shall require approva by the Director of Community evelopment, providing they c ply with all conditions of approoval. 3 . The d velopment shall comply with all applicable provisions of the rdinance Code, Building Division, and\�ire Department. 4 . The applicant shall meet sill applicable loca State and Fe eral Fire Codes, Ordinances and standards. PC Minutes - ll/l/88 -11- (1385d) Malay Riminga a1i , Clues 140o K STREET ® SACRAMENTO,CA 95814 a (916)444-5790 t California Cities Work Together AB 937 IMPLEMENTATION GUIDE . . INTRODUCTION: In 1986 numerous bills were introduced on the subject of city zoning control of alcoholic beverage retailing, some relating to concurrent sale of alcoholic beverages and gasoline, and one proposing to prohibit much of a city's zoning control of all alcoholic beverage sales. In April 1986, Assembly Member Gary Condit, as Chair of the Assembly Governmental Organization Committee, announced that all bills on the subject would be held in his committee unless a compromise was worked out. He also stated that if one were not formulated in the Spring of 1986, that he would hold interim hearings on the subject of city regulation of concurrent sale of alcoholic beverages and gasoline. Those hearings occurred in the Fall of 1986, he and his staff then worked with us in formulating a compromise between local government interests and citizens groups on one side with alcoholic beverage retailers and convenience store interests on the other side. Negotiations occurred between these organizations with the understanding that a bona fide legal issue existed as to whether regulation of concurrent sale of alcohol and gasoline is (a) the regulation of the sale of alcoholic beverages, control of which Article XX Section 22 of the State Constitution vests exclusively in the State; (b) land use control , which is the province of local government; or (c) some hybrid of the two. The compromise reached is codified in new Government Code Section 23790.5, as enacted by AB 937 (Condit) , Chapter 176 of the 1987 Statutes . SUMMARY OF AB937 In general , the compromise contained in AB 937 does the following : AB 937 only applies to city regulation of the concurrent retailing of alcohol and gasoline in zoning districts where both may otherwise be independently retailed on separate sites. The bill does several things : I . It specifically recognizes concurrent sale of alcoholic beverages and gasoline as a land use issue and authorizes cities to regulate it by conditional use permit. 2 . It prohibits outright bans of concurrent sales from being enacted after January 1 , 1988. 3 . It phases out pre-existing bans, with the phase out date being July 1 , 1988 or January 1 , 1989, depending on when the city enacted the . pre- 1988 ban. 4 . It specifically grandfathers incidental concurrent sale bans (those are generally local ordinances that prohibit gasoline stations and grocery stores at the same site) enacted before August 1 , 19185. 5. AB 937 does not affect city regulation of,. alcoholic beverage, retailers anywhere other -ttian concurrent-`sale establishments. This guide will attempt to answer the questions most frequently asked about AB 937. 4 2 - QUESTIONS AND ANSWERS ON AB 937 I Is� the YeguldtTan .of th'e concurrent Sale of aIcoho.IiC beverages. and : gasol�ne; therregulation. of the sale of alcoholic b�ev.erages;:or a .:land use regulation? �Y Answer Th.�s i s uncl ear ., However, the**.bi 11 treats ji t as a.,l and use regulation ;The; Constitution vests exclusive regulation of the sale of alcoholic beverages in the State of California (see Article XX Section 22) Subparagraph (a) of Section 23790.5 specifically states that the Legislature does not intend to preempt local governments in the valid exercise of their land use authority pursuant to Government Code Section 23790 (the section which gives general land use control over alcoholic beverage retailers) , including, but not limited to, enacting an ordinance requiring a conditional use permit pursuant to 23790. The intent language also indicates that the purpose of the bill is to prevent the legislated prohibition (as contrasted to administrative prohibition) of the concurrent retailing of beer and wine for off-premises consumption with motor vehicle fuel . 2. In what zoning districts does AB 937 apply? Answer: AB 937 only applies in those zoning districts where beer and wine and gasoline could be separately retailed if they were on separate zoning sites, such as immediately-adjacent sites . Wherever the zoning district does not allow both to be separately retailed independent of the other, AB 937 does not apply. For example, the bill does not apply if gas stations are allowed in a zoning district but liquor stores are not allowed . 3. Our city now has an ordinance which bans the concurrent sale of alcoholic beverages and gasoline. Does AB 937 invalidate that ordinance? Answer: It depends on the date and nature of your ordinance.. If your ordinance indirectly bans alcoholic beverage sales at gas stations as part of a larger class, and was enacted prior to August 1 , 1985, then your ordinance is specifically grandfathered (see new Government Code section 23790.5 (b) (4)) . Typical ordinances in this group are those that prohibit combining of convenience stores and gas stations or prohibit sale of non-auto-related commodities at gas stations . If your city has an ordinance of this type that was enacted after August 1 , 1985, the bill is silent as to its effect on your ordinance. Accordingly, you should consult with your city attorney on this matter. If your ordinance specifically bans concurrent sales of alcohol and gasoline as named commodities , then you will need to enact a new ordinance. If your ordinance was enacted after May 5, 1987, your city must comply with AB 937 by July 1 , 1988. If your ordinance was enacted before May 5, 1987, your city has until January 1 , 1989 to ,comply . - 3 - 4. Does.-AB•937 prohibit our city from. administratively banning the concurrent sale ofalcoholic beverages 'and gasoline in- our city by denying every application for a use permit? Answer: Probably not. . Paragraph (a) of new Section 23790.5 specifically states that it -.is the intent of AB 937 to prevent the legislated prohibition of the .concurrent_•sale of beer' and wine for off-premises consumption with otor vehicle fuel . Paragraphs (b) (1) , (2) , and (3) , specifically prohibit. legislative bans on the concurrent retailing of gasoline with beer and wine for off-premises consumption. They' do not, however, specifically prohibit administrative bans. During the course of the legislative debate, the author made it quite clear, on numerous occasions, that it was the intent of this bill to prohibit legislative bans of concurrent sales by ordinance and to move the debate to the administrative process where the merits and demerits of each individual application would be separately considered. Consequently, AB 937 would not necessarily invalidate an administrative process that results in no concurrent sale establishments being placed into a community. However, again, this should be discussed with the city attorney. 5. Does AB 937 require a local conditional use permit ordinance to meet any minimum standards? If so, what are those? Answer: Yes, new Government Code Section 23790. 5 (c) requires that the conditional use permit ordinance contain "appropriate health, safety, or general welfare standards. " It also requires the ordinance to contain the following: (1) a requirement for written findings; (2) a provision for an administrative appeal if the governing body has delegated its power to issue or deny a conditional use permit; (3) procedures for notice of a hearing, conduct of a hearing, and an opportunity for all parties to present testimony; and (4) a requirement that the findings be based on substantial evidence in view of the whole record to justify the ultimate decision. 6. Our city already requires conditional use permits for some or all alcoholic beverage retailers. Do we need to amend that ordinance? Answer: Probably. Most cities (pursuant to their conditional use permit ordinance and constitutional due process requirements) , already give to applicants for conditional use permits written findings, administrative appeal , an opportunity to be heard, and base their determination upon substantial evidence, as AB 937 requires. However, accordingly, your city may need to codify these requirements in your city ordinance, rather than administratively providing them. Your city may also wish to review the health, safety and general welfare standards now contained in your ordinance in light of AB 937 . 7. In those cities that now regulate concurrent sales of. alcoholic beverages and gasoline by use permit or regulate alcoholic beverage sales by use permit, what kinds of regu.l,ations do the cities impose? Answer: In order to have guidance in negotiating the AB 937 compromise, League staff polled member cities to determine the kinds of things regulated in the conditional use permit process . A review of the responses to that questionnaire indicates that cities typically regulate some or all of the following : 4 - (1) The number and locations of retail on-sale or otf-sale alcoholic beverage licenses, or both, in the area.- - (2) The proximity to churches, schools, hospitals; playgrounds, nonprofit youth _faciIities,: residences, and other similar uses.: (3) The proximity of other establishments disp'ensing, , for sale or other consideration, alcoholic beverages (either for consumption on premises; off premises or=' both)-:including beer and wine. (4) Traffic impacts, lighting, noise, littering and trash disposal , odor, and pedestrian movement. (5) Availability of parking. (6) Public loitering, nuisance, conduct of illegal activities on and outside the premises, or other crime or law enforcement problems . (7) Hours of operation. (8) Security and law enforcement problems . (9) Consistency with the city' s general plan . (10) Physical problems with the site, such as size, setbacks, site coverage, fencing and visual screening, landscaping, maintenance requirements, architecture and design, maximum or minimum square footage of the store. (11) Limits on alcoholic beverage retailing, such as square footage limitations and restrictions on location on the premises of the alcoholic beverage displays . (12) Signage regulations . (13) Whether the proposed use will detrimentally affect nearby residentially zoned communities in the area. (14) Any other regulations the city, county, or city and county places on either alcoholic beverage retailing or motor vehicle fuel retailing when not combined with the other. B. Does AB 937 place any restrictions on concurrent sale retailers in addition to anything we may provide by local ordinance? Answer: Yes . The bill provides that until January 1 , 1990, concurrent sale retailers must abide by the following standards : ( 1) No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1 , 1988. (2) No advertisement of alcoholic beverages shall be displayed at -. motor fuel islands . (3) No sale of alcoholic beverages shall be made from a drive- in window. (4) No display or sale of beer or wine shall be made from an ice 5 tub. (5) No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows: (6) Employees on duty between the hours of 10 p.m.' and 2 a`.-m. shall be at least 21 years of age to sell beer and wine. (see paragraph (d) of new Section 23790.5. ) That Section also specifically provides "the standards contained in this subdivision are minimum state standards -which do not limit local regulation otherwise permitted under this section. " Additionally, the bill provides that any concurrent sale establishment which is found to have sold alcoholic beverages to a minor will have at least a 72 hour minimum local suspension. 9. My city is a charter city. Does AB 937 apply to it? Answer: Yes . Paragraph (f) of Section 23790.5 specifically states that it applies to charter cities. 10. Does AB 937 affect city regulation of alcoholic beverage sales at convenience stores that do not have gas pumps? No. Accordingly, in its regulation, your city may wish to consider whether these stores should be treated similar to convenience stores that sell gasoline, and thus be required to have a use permit to sell beer and wine. AE937 . leg - 6 - 1BCITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Susan Pierce From ENVIRONMENTAL RESOURCES Associate Planner SECTION Subject ENVIRONMENTAL INFORMATION Date November 30, 1988 FORM NO. 88-45 Applicant: City of Huntington Beach , Request: Code Amendment to establish regulations regarding the sale of alcoholic beverages. Location: Within City of Huntington Beach Background Staff has reviewed the environmental information form noted above and has determined that a negative declaration may be filed for the project. In view of this, a draft negative declaration was prepared and was published in the Daily Pilot and posted in the Office of the City Clerk for a ten (10) day public review period commencing December 2, 1988 and ending December 12, 1988. If any comments regarding the draft negative declaration are received, you will be notified immediately. Recommendation The Environmental Resources Section recommends that the Planning Commission approve Negative Declaration No. 88-45 finding that the proposed project will not have a significant adverse effect on the environment. Respectfully submitted, Kelly Main Assistant Planner KM:gbm 1009 (1685d) APPENDI X 1 ENVIRONMENTAL 0--ECXLJ5T FORM (To Be Completed By lead Agency) !. Bockgro nd I. "k me of Proponent C i ty of Huntington Beach 2. Adc+ress and Phere Number of Proponent 2000 Main Street Huntington Beach, California 92648 (714) 536-5271 3. Cate of Checklist Submitted November 29, 1988 4. A;ency Requiring Che--J<list City of Huntington Beach, Community Development S. Pane of Proposal, if applicable Code Amendment to establish regulations regardinng the sale of alcoholic beverages, Environmental Assessment 11. Er-,virOnMCnTol Impacts (E)mlcro,ions of cil "jF's" cnd ''rrayt-,' cns'.vcrs are r�'^4uirPG, G.l +CiC-zhe., YCS MI-fte NO I. EarttL Will ttk proposa: result in: c. lhstcble -arch conditions or in changes in geologic substructures? X b. Cisr,-Ptions, displacernerts, compaction or overcovering of tfie soil? X C. Chrnge in topograpt-y or ground surface relief features.? X e�. The destruction, covering or modification of any unique geologic or physical features? x e. Any increase in wind or water erosion of soils,- either on or off the site? X f. Ch<rges in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of tt,e ocean or any bay, inlet or lake? X 115 Yes too Exposur_ of p"OP;e or property to geolo- gic hc--crds such as earthquakes, lendslides, mudslides, ,ground failure, or similar hazards? X 2. Air. Will the proposal result in: Q. S4bstcntial air emiss;ons or deterioration of ambient air quality? X b• T're creat'on of objectionable odors? X C. Alteration of air movement, moisture, or terr+oerature, or any change in climate, either locally or regionally? X 3. Water. 8111 the proposal result in; C. Changes in currents, or the course of di- rection of water movements, in either mcrire or fresh waters? X b. Chmges in obserption rotes, drainoge pat_ gems, or 'he rate and amount of surface runoff? X C. Alteratiors to t^e course or flow of flood water,? X d. Chcr,e in the amount of surfoc^ water in any water body? X e. D ischerge into surface waters, or in any alteration of surface water quality, in- cluding but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? X 9• Change in the quantity of ground waters, either through direct odditiors or with- drawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supp lies? X �• E)posure of people or property to water re_ toted hazards such os flooding or tidal waves? X 116 Yes NO 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or rurrber of any species of plants (including trees, shrubs, gross, crops, and aquatic plants)? X b. Reduction of the numbers of any unique, rare or endangered species of plants? X C. Introduction of new species of plants into on area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of any agricultural X crop? 5. Animal Life. Will the proposal result ;n: a. Chenge in the diversity of species, or numbers of any species of animals (birds, Icnd animals including reptiles, fish and shellfish, benthic organisms or insects)? X b. Redtctlori of the nvn-bers of any vnique, X rare or endangered species of animals? C. 1r',1,ro6ucticn of ne-w soec'ies of arlmals into an crew, cx- result in a barief to the rn;gratican or movement of animals'. X d. Oetef;oraticn to existing fish or wildlife habitat? X 6. hoist. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 7. Light and Glare. Will the proposal produce new light or glare? X 8. Land Use. Will the proposal result in a sub- stantiol alteration of the present or planned land use of an .area? X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X 117 yes , t� b. Substcntial depletion of any nenrenewcble natural resource.' X 10. Risk of Upset. Will the proposal irrwlves a. A risk of an explosion or the release of haz ar dogs sibs t once s (including, but riot limited to, oil, pesticides, chemicals or rodiation) in the event of an occident or upset conditions? X b. Possible interference with an emergency r espcxlse plain or an emergency evocvat ion plan? X 11. Population 'Hill the proposal alter the location, distribution, density, or growth rate of *fie Fumes population of an area? X 12. KxAing. Will the proposal affect existing hous- ing, or create a demend for additional housing? X 13. Trs�tation/Circvlaticn. Will the proposal result in: o. Generction of wbstcntiol addiiioncl . h'culor movement? X b. Eff.rts c�n exis!ind per'{ir,c, facilities, or demand for new pc6<ing? X C. Substential irrper_t upon existing transper- X Cation systems? d. A!terations to present patterns of circvlo- t ion or movement of people and/or gooc{s? X e. Alterations to waterborne, roil or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians'. X 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered govemmental services in any of the following crews: a. Fire protection? X b. Police protection? c. Schools? X 1 18- Yes No d. Parks or other recreational facilities? X fl. Mointenonce of public facilities, including roods? X f. Other governmental services? X I S. Energy. 'Hill the proposal result in: a. Use of substantial amounts of fuel or energy? X b. Substantial increase in demand upon exist- ing sources of energy, or require the development of new sources of energy'. X 16. Utilities. Will the pr000sal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? C. Nater? X d. `--,,tr or septic tcrks? X C. Storm wa!ef drainog•:? _X _ f. Soli.' wcste and disposal? X 17. Fivrnrn Health. Will the proposal result in: c. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health haz ards? X IS. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 19. Recreation. Will the proposal result in on inpoct upon the quality or quantity of existing recreational opportunities? X 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistork or historic arct:oeologecol site? X 119 Yes' maybe No b. Will the proposal result in adverse physical or oesthetic effects to a prehistork or historic building, structure, or object? X C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X_ d. Will the proposal restrict existing religious Of sacred uses within the potential impact area? X 21 . Mandatory Findings of 5 igni f icance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wild- life population to drop below self sus- taining levels, threaten to eliminate a Plant or animal community, reduce the number or restrict the range of a rare or endan,ered plant or enimal or eliminate important examples of the major periods of California history or prehistory? X 5. Does the project have the potential to ochif-ve short-term, to the disadvcntege of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the futurea X C. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on humor beings, either directly or indirectly? X III. Discussion of Environmental Evaluation IV, Determination (To be completed by the Lead Agency) 120 On the basis of this initial evaluation: I find that the proposed project COULD NOT-have'a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. Ix I I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case tigation measures described on an attached et be-en oddehave d to be`cse the 1the p o ect. A NEGATIVE DECLARATION WILL BE PREPARED, I find the proposed project MAY have a significant effect on the env i r on- ment, and on ENVIRONMENTAL IMPACT REPORT is required. November 29 , 1988 Da t e �g lure For Co unit Development ------------ (Note: This is onlY a suggested form. Public agencies are free to devise thei format for initial studies.) r own 121 * Publish 1/26/89 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO 88-5/ENVIRONMENTAL .ASSESSMENT. NO 88-45 (Alcoholic Beverage Sales Notice is hereby given that the Huntington Beach City Council will hold a public hearing in the Council Chamber of the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, February 6 , 1989 APPLICATION NUMBER Code Amendment No . 88-5/Environmental Assessment No . 88-45 APPLICANT: City of Huntington Beach LOCATION: City-wide REQUEST: To amend the Huntington Beach Ordinance Code to establish provisions regulating the sale of alcoholic beverages ENVIRONMENTAL STATUS: Covered by Environmental Assessment No. 88-4 5 which will also be considered by Council . ON FILE: A copy of the proposed request is on file in the Department of Community Development, 2000 Main Street, Huntington Beach, California, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall of the Main Library, 7111 Talbert Avenue. All interested persons are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions , please call Susan Pierce Associate Planner, at 536-5271 . CITY OF HUNTINGTON BEACH CONNIE BROCKWAY CITY CLERK (714) 536-5404 Dated: January 20, 1989 NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING ITEM .. r5.� TO: CITY CLERK' S OFFICE DATE: /— mac? FROM: o e,, a���rz.e�r� PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE _DAY OF 1987. CA�s are attached AP's will follow No AP' s Initiated by: Planning Commission PlanningiDepartment Petition * Appeal Other- 5� Adoption of Environmental Status (x) EIR ND NONE Has City Attorney' s Office been YES NO informed of forthcoming public hearing? Refer to Planning Department Extension #.4�;2s- for additional information. * If appeal , please transmit exact wording to be required in the legal . NTOTICE OF PUBLIC HEARINTG ,,CODE AMENDMENT,"NO. 88-5/ENVIRONMENTAL ASSESSMENT NO. 88-45 (Alcoholic Beverage Sales) NOTICE IS HEREBY GIVEN that the Huntington Beach graT ^ ^C � -e�a- will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Ti]PG. y_,_Dex_.P,m -_� g.g.&� 7 : 00 PM APPLICATION NUMBER : Code Amendment No . 88-54/Environmental Assessment No . 88-45 APPLICANT: City of Huntington Beach LOCATION: City-wide REQUEST: To amend the Huntington Beach Ordinance Code to establish provisions regulating the sale of alcoholic beverages . ENVIRONMENTAL STATUS : Covered by Environmental Assessment No. 88-45 . ON FILE : A copy of the proposed request is on file in the Department of Community Development, 2000 Main Street , Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after December 9 , 1988 . ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above . If there are any further questions please call Susan Pierce, Associate Planner, at 536-5271. W Sri 1 CZ> 1�f%l1�cC� ' -M i4e—Ad.a•m.s- H (1649d-5) u-rrt-i-rrg- -n—B�e a-c h—P-1 a-n-n+rrg--C•ormr i-s-s-i&n Bill aReynolds \lcoholic Beverage ARCO Petroleum Products C< 24785 La Grima . ontrol Board 17315 Studebaker Road Mission Viejo , Ca. 92692 28 Civic Center (Plaza Rm 367 Cerritos , Ca. 90701-1488 Santa Ana, Calif . 92701 SFI Corporation Texaco Mobil Oil Corp. 4700 S . Boyle Ave . 1926 E . Pacific Coast Hwy . 17822 E . 17th St. Los Angeles , Ca . 90058 Wilmington , Ca . 90744 Suite 104 , Center Bldg. Attn : Donald G . Alvarado Attn : Mark Rankin Tustin , Ca . 92680 Attn; John Berggern Shell Oil Co. Exxon Co . U . S .A . vp- 511 N. Brookhurst 34 Executive Park , Ste .. 100 =`9 Anaheim, Ca . 92801 Irvine , Calif . 92714 - ' Attn : Bob Rovacovich Attn : Jim Lathrop i Chevron U . S . A. Inc . H .B . Chamber of Commerce 3282 S . Beach 2213 Main St. , #22 f...,- La Habra , Ca . Huntington Beach , Ca . 92648 Attn : John Machum Attn : Kim Barone ` HB/FV Brd . of Realtors Golden State Mobile Home 8101 Slater Avenue Owner ' s League Huntington Beach , Ca. 9264711021 Magnolia Blvd. Attn : Judith Severy Garden Grove , Ca . 92642 Attn : Virginia Day E . T. I . Corral 100 :Huntington Beach Co . Bonnie Wakeham 2110 Main Street `����C ; ` 20031 Big Bend. Huntington Beach , Ca . 92648 H- Huntington Beach , Ca . 92646Attn : R. J. Work 1 _ H . B . Historical Society Building Industry Assn . O . C . .r c/o Newland House Museum 2001 E.. 4th. Street 19820 Beach Boulevard Santa Ana, Calif . Huntington Beach , Ca 92648 Attn : Teresa Reynolds _ • - .�f�y'ww J( I i I i _ 1 Ij ORDINANCE N0. 2987 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9220 . 1 (b) , 9220 .2 ( d ) , 9220 . 14 (b) , 9510 .01 ( c) , 9530 . 01( c) , 9645 . 1 (a) ( 6 ) AND ADDING THERETO SECTIONS 9636 AND 9636 . 1 The City Council of :the City of Huntington Beach does ordain as follows: SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending Sections 9220 . 1 (b) , 922000 .2 ( d) , 9220 . 14 (b) , 9510 . 01( c) , 9530 .01 ( c) , 9645 . 1a) ( 6 ) to read as follows: 5 .9220 . 1(b) List B - C2 , C4 districts . Initial establishment of use and occupancy for List B uses shall be permitted in the C2 and C4 districts subject to plan review approval by the director . A. Animal grooming; no boarding or outdoor kennels Automotive parts B. Bicycle shops Blueprint, copy, and print shops Bookstores and newsstands D . Department and clothing stores Dry cleaning (retail ) E . Electronic part supply F . Financial institutions Frozen food lockers ( retail ) Furniture and appliance stores H . Home improvement, including paint, electrical, plumbing, and hardware supplies Health clubs with less than twenty-five hundred ( 2500 ) square feet I . Ice storage, limited to five (5 ) ton capacity J . Jewelry stores r' M. Marine supplies Movie theatres Music conservatories N . Nurseries ( retail ) 0. Office supplies and stationery P . Pet stores Photography studios, equipment and sales R. Repair shops, appliances and electronics only S .9220 .2 (d) List D - C2 , C4 districts--Conditional use permit . Initial establishment of use and occupancy for List D uses shall be permitted within the C2 and C4 districts (except as specified ) subject to the approval of a conditional use permit application by the Planning Commission . Conditional use permits issued shall be nontransferable for the uses below which are preceded by an asterisk . ( See Definitions for nontransferable restriction. ) A. Alcoholic Beverage Sales pursuant to Article 963 *Adult businesses pursuant to Article 975 Animal Clinic D. *Dancing and/or live entertainment , including dancing for patrons under the age of twenty-one (21) pursuant to Section 9220 . 12 F . *Fortunetelling (C4 only) H . Hotels and motels (C4 only, pursuant to Section 9220 .13 ) S . Service stations pursuant to Section 9220 . 14 U . Unclassified uses pursuant to Article 963 S .9220 . 14 (b) Prohibited uses . - 2 - XZX ( 1 ) Automobile repair shall be limited to minor repair as defined in this code . 95103 (c ) The following uses may be permitted subject to the approval of a conditional use permit by the Planning Commission: ( 1 ) Mixed Use Developments ( refer to Section 9510 . 14 ) . (2 ) Restaurants or sandwich shops (2710-9/84 ) (3 ) Unclassified Uses pursuant to Article 963 9530 .01 ( c) The following uses may be permitted subject to the approval of a conditional use permit by the Planning Commission: ( 1 ) Mixed use developments ( refer to Section 9530 .14 ) . (2 ) Major outside storage or operations ( 3 ) Automobile dismantling and storage (refer to Section 9530 .16 ) . ( 4 ) Restaurants or sandwich shops (2710-9/84 ) ( 5 ) Unclassified Uses pursuant to Article 963 9645 . 1 (a) District One Permitted Uses ( 1 ) Hospitals and convalescent hospitals; ( 2 ) Medical and dental buildings; (3 ) Pharmacies; ( 4 ) Rest homes, nursing homes, residential health care facilities and sanitariums; ( 5 ) Office/professional uses; fA6,f - 3 - ( 6 ) Service stations with or without convenience markets in conformance with Commercial District Standards contained in Article 922 . ( 7 ) Apartments or condominiums when support services prescribed herein are integrated into such structures to implement the purpose of this article . (8 ) Support services to apartments and condominiums , including but not limited to, eating facilities, beauty/barber shops, libraries, private health clubs, health care facilities and retail commercial establishments . SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9636 and 9636 .1 to read as follows : S.9636 Alcoholic Beverage Sales. A conditional use permit shall be required for any business proposing to sell alcoholic beverages for on-site or off-site consumption. S.9636 .1 Exceptions . The following uses are exempt from the conditional use permit process. A. Retail markets which have 20 ,000 square feet or more of floor area and no more than 10 percent of the floor area devoted to sales, display, and storage of alcoholic beverages. B. Retail markets with less than 20,000 square feet of floor area, restaurants, bars, and liquor stores which satisfy the tliowing requirements: (1 ) The subject property shall be located a minimum 300 feet from any residence, school, church, or public use, i .e. park, hospital, boys/girls club; (2 ) The restaurant shall be licensed by the State of California as a bona fide eating establishment; contain a fully equipped and permanently maintained kitchen; have a bar or lounge area with less floor area than the dining area; and no separate outside entrance to the bar or lounge area; ( 3 ) _Retail markets with less than 20 ,000 square feet of floor area shall have no signs advertising the sale of alcoholic beverages directed toward persons outside of the building and no more than 10 percent of the floor area devoted to sales, display and storage of alcoholic beverages. C . Florists shops offering the sale of a bottle of an alcoholic beverage together with a floral arrangement. D. Temporary Outdoor Events pursuant to Section 9730 .64 . 4 - SECTION 3 . This resolution shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 19 zj-t _ ��_ _•- ,cy Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Community Development - 5 -