Ordinance No. 590 - Take-Out Food CurfewORDINANCE NO. 590
AN URGENCY' ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ROSEMEAD
REQUIRING CERTAIN RESTAURANTS
FEATURING PRIMARILY TAKE-OUT FOOD
TO CLOSE FROM 12 MIDNIGHT TO 5 A.M.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council finds, determines and
declares as follows:
a. In recent months, a fast-food restaurant known as
"Tommy's Burgers" has become an "after-hours" gathering place
for juveniles and young adults; and
b. The crowds that are appearing between the hours of
12 midnight and 5 a.m. are far beyond the capacity of the
parking lot, restroom and other facilities; and
c. As a consequence of the overcrowding, adjacent,
residential neighborhoods have been disturbed by juveniles
shouting, fighting, and littering; and
d. Overcrowding is such that emergency vehicles and
personnel could not effectively respond to an emergency on
the premises; and
e. While the problem is thus far confined to a single
location, unless adequate safeguards are enacted, other
restaurants may become similary plagued.
Section 2. While this Ordinance is in effect, no
restaurant whose business is primarily "take-out" shall
remain open for business between the hours of 12 midnight and
5 a.m. For purposes of this Ordinance, a restaurant shall be
deemed to be primarily "take-out" if it has less than 40
seats, inside the restaurant, for dining purposes. During
the effective period of this Ordinance all restaurants whose
business is primarily "take-out" shall remain closed during
the hours of 12 midnight to 5 a.m.
Section 3. Pursuant to Section 36937 of the Government
Code, this Ordinance is intended to preserve the public
peace, and health or safety and shall therefore take effect
immediately upon adoption. A statement of facts constituting
the urgency is as follows:
a. The City Council has received reports from the Los
Angeles County Sheriff's Department indicating that the
situation at onWch restaurant, Tommy's Brs, 7808
Garvey Avenue, is a weekend crisis of growin proportions; and
b. The restaurant operators have been requested to
close during the hours of 12 midnight and 5 a.m., on a
voluntary basis, so as to provide a "cooling off" period and
they have refused to do so;
C. The City Council has received complaints from
adjacent and neighboring businesses and residences.
complaining of the noise, cars, and debris created by the
weekend activity during the early morning hours; and
d. While regulations are considered, it is necessary to
immediately close these businesses from 12 midnight to 5 a.m.
so that more serious crimes and continuing nuisances do not
occur.
Section 4. The City Council finds, determines and
declares that operation of the restaurant known as Tommy's
Burgers, 7808 Garvey Avenue in Rosemead, California between
the hours of 12 midnight and 5 a.m. constitutes a public
nuisance.
Section 5. The City Council finds, determines and
declares that operation of the restaurant known as Tommy's
Burgers, 7808 Garvey Avenue in Rosemead, California between
the hours of 12 midnight and 5 a.m. constitutes a safety
hazard in that emergency vehicles are denied access due to
the large number of people and vehicles at said location.
• Section 6. This Ordinance shall be effective from
October 15, 1986 through December 31, 1986 unless extended
after a duly noticed public hearing.
. Section 7. Violation of this Ordinance is a misdemeanor
and is punishable by a fine of not to exceed $1,000 or by
imprisonment in the County jail for a period of not more than
six months or by both such fine and imprisonment. Each day
during any portion of which any violation of any provision of
this Ordinance is committed, continued or permitted,
constitutes a separate offense.
Section 8. Any person, firm or corporation which holds a
valid business license may.seek relief from.the strict appli-
cation of this Ordinance. Any such application shall be in
writing and delivered to the City Manager. The application
shall contain a statement of the.reasons for seeking exemption
• and an action plan designed to avoid the problems described in
Section 1 hereof.
Section 9. The City Clerk shall certify to. the adoption
of this Ordinance...
PASSED, APPROVED. and ADOPTED this 14th d October , 1986.
MAYOR
ATTEST
INCA/ A+LA~ !A
CITY CLERI