4668FOLLOWS:
ORDINANCE NO. 4668
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.87.023 OF CHAPTER 18.87 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE CONCERNING SALE
OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) ON
SERVICE STATION SITES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Section 18.87.023 of the Anaheim Municipal Code be
amended in its entirety to read as follows:
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"18.87.023
CONDITIONAL USES
.010 Rental and display of automobiles,
trucks and recreational vehicles subject to conditional
use permit under the following conditions:
a. The total display area for all
rental utility trailers, automobiles, trucks and
recreational vehicles shall not occupy more than ten
percent (10%) of the total service station site;
b. The display area shall be clearly
designated by painted lines or by some type of barrier
such as a wall or landscaped island;
C. The display area shall be adjacent
to an interior property line and shall not encroach into
any required building setback area;
d. Vehicles shall not be displayed in
locations where they will obstruct the visibility of
nearby commercial establishments or signs;
e. The display area shall not interfere
with traffic circulation or access to any portion of the
service station building or accessory structures;
f. Trucks and recreational vehicles
shall be of the two -axle type which can be operated with
a Class 3 driver's license;
g. A sanitary dumping facility in
accordance with the Uniform Building Code shall be
provided on all sites displaying recreational vehicles
having toilets;
h. Advertising shall be accomplished
within the provisions of Chapter 18.05. No flags,
banners or signs shall be attached inside or outside of
the vehicles.
.020 Off -sale of beer and/or wine only
subject to the following conditions:
a. The minimum enclosed retail sales
area of 1200 square feet shall be provided;
b. An inventory of retail sales items
(not including beer, wine, fuel or automotive products)
exceeding $10,000.00 shall be maintained on the site;
C. Receipts from the sale of beer and
wine shall not exceed 35% of all retail sales during any
12 -month period;
d. No display of beer or wine shall be
located outside of a building or within five feet of any
public entrance to the building;
e. The area of beer or wine displays
shall not exceed 25% of the total display area in a
building;
f. Cold beer or wine having a
temperature below 65° Fahrenheit shall only be sold from
or displayed in permanently affixed coolers for the
cooling and storage of all refrigerated products;
g. No advertising of beer or wine shall
be located, placed or attached to any location outside
of the interior of the building and any such advertising
shall not be visible to anyone outside of the building.
h. No video, electronic, or other games
shall be permitted;
i. Sale of alcoholic beverages shall be
made to customers only when the customer is in the
building;
j. No person under 21 years of age
shall sell or be permitted to sell any beer or wine.
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k. At least one sign to discourage
driving a vehicle while under the influence of drugs or
alcoholic beverages shall be prominently displayed in
the building for every three signs advertising beer or
wine; provided, however, that at least two such signs to
discourage driving a vehicle while under the influence
of drugs or alcoholic beverages shall be prominently
displayed in the building;
1. The operator of the service station
shall participate in, aid and support educational and
other programs intended to reduce driving while under
the influence of drugs or alcoholic beverages."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
hereby of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor
be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions of
this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 4. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
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THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 19th day of November, 1985.
MAYOR OF THE CIT OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
MES:fm
4409M
110885
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4668 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 12th day of November, 1985,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 19th day of November, 1985, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood and Bay
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4668 on the 19th day of November, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 12th day of November, 1985.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4668 and was published once in the
Anaheim Bulletin on the 29th day of November, 1985.
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TY CLERK