Ordinance No. 648 - Alcoholic Beverage SalesORDINANCE NO. 648
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD IMPOSING A 45-DAY
MORATORIUM ON THE ISSUANCE OF NEW
CONDITIONAL USE PERMITS FOR THE PURPOSE OF
ON OR OFF-SALE ALCOHOLIC BEVERAGE SALES
AND DIRECTING THE PLANNING COMMISSION TO
INITIATE A STUDY WITH RESPECT TO DEVELOPING
APPROPRIATE ZONING REGULATIONS GOVERNING
SUCH USES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. While this ordinance remains in effect, no conditional use permits
authorizing the establishment of on or off-sale alcoholic beverage sales shall be issued
and no application for such a permit shall be accepted.
Section 2. This temporary prohibition shall not apply to applications for
conditional use permits for transfers of existing licenses. This ordinance shall not apply
to any application which was filed with the Planning Department on or before August 8,
• 1989.
Section 3. Pursuant to the provisions of Section 65858 of the Government Code
of the State of California, this is an urgency interim zoning ordinance. This ordinance
shall take effect immediately and shall expire forty-five (45) days thereafter unless
extended by the City Council after notice and public hearing. The facts constituting the
current and immediate threat to the public welfare necessitating an urgency ordinance
are as follows:
The City Council finds and determines that the moratorium imposed by
this ordinance is enacted to protect and preserve the public health, safety
and welfare of the local business community and residents of the
community pending completion of a Planning Commission review of this
subject. The Council has been aware of problems with the sale of
alcoholic beverages, both on and off-sale, throughout the City. The City
• has requested historical data from the Department of Alcoholic Beverage
Control which data will assist in the evaluation of these problems. The
volume of applications for such licenses is a current and immediate threat
to the public welfare, and the approval of additional conditional use
permits for such uses would result in a threat to the public welfare.
Ordinance No. 648
Section 4. The City Council may grant relief from the provisions of this
moratorium ordinance upon recommendation of the Planning Commission, subject to a
finding of the following:
1. The strict application of the provisions of the moratorium to
a particular project would result in practical difficulties or unnecessary
hardships inconsistent with the general purpose and intent of the
moratorium; and
2. That there are exceptional circumstances or conditions applicable to
the development that do not apply generally to the other projects covered by this
moratorium; and
3. That the granting of an exception would not be materially
detrimental to the public welfare as defined above.
Section 5. If any provision of this ordinance is held to be unconstitutional, it is
the intent of the City Council that such portion of this ordinance be severable from the
remainder and that the remainder be given full force and effect.
Section 6. The Planning Commission is hereby directed to commence a study
and to make recommendations it deems necessary to strengthen the City's ability to
scrutinize first-time applications for the sale of alcoholic beverages in both on and off-
sale categories.
Section . The City Clerk shall certify to the adoption of this ordinance.
• PASSED, APPROVED and ADOPTED this 8th day of August, 1989.
rte,
MAYOR
ATTEST:
• icC.2. LUG~~
CITY CLERK
I hereby certify, that the foregoing urgency Ordinance No. 648 was duly and
regularly adopt6d by the City Council of.the City of Rosemead at a regular
meeting thereof held on the 8th day oft August, 1989, by the following vote:
Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial
No: None
Absent: None
Abstain: None
CI2Y CLERK