5565x
ORDINANCE NO. 5565
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING (EATING
AND DRINKING ESTABLISHMENTS).
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 18.01.030 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
add thereto, in alphabetical order, a new definition of "Bar" to
read as follows:
it 'Bar.' An establishment, other than a cocktail
lounge, wherein the primary use is the sale of alcoholic
beverages for consumption on the premises, with or without
food service, from which minors are excluded by law, and
which requires a 'public premises' -type license issued by the
California Department of Alcoholic Beverage Control, and
where no cover charge or admittance fee is charged to
patrons."
SECTION 2.
That Section 18.01.040 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
add thereto, in alphabetical order, a new definition of "Cocktail
Lounge" to read as follows:
" 'Cocktail Lounge.' A separate area located within
a Restaurant With On -Premise Sale and Consumption of
Alcoholic Beverages wherein alcoholic beverages are sold for
consumption on the premises, and which premises maintains an
`eating place' -type license issued by the California
Department of Alcoholic Beverage Control. A cocktail
lounge is, and at all times shall remain, an accessory use
to the primary restaurant use."
SECTION 3.
That Section 18.01.050 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
add thereto, in alphabetical order, a new definition of
"Delicatessen" to read as follows:
" 'Delicatessen.' A store where ready -to -eat food
products or delicacies, such as cooked meats, cheeses,
prepared salads, and non-alcoholic beverages are sold for
consumption either on or off the premises."
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SECTION 4.
That Section 18.01.150 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
add thereto, in alphabetical order, a new definition of
"Nightclub" to read as follows:
" 'Nightclub.' An establishment, other than a
cocktail lounge, wherein the primary use is the sale of
alcoholic beverages for consumption on the premises, with or
without food service, from which minors are excluded by law,
which (i) requires a 'public premises' -type license issued by
the California Department of Alcoholic Beverage Control,
(ii) provides music and/or live entertainment for patrons,
(iii) is regularly open to the public upon the payment of a
cover charge or admittance fee and (iv) is not a Sex -
Oriented Business', as defined in Section 18.89.020 of this
Code."
SECTION 5.
That Section 18.01.160 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
add thereto, in alphabetical order, new definitions of "Outdoor
Dining Area" and "Outdoor Seating" to read as follows:
"'Outdoor Dining Area.' An outdoor patio area
where tables and chairs are provided exclusively for the
seating, service and/or consumption of meals immediately
adjacent to a restaurant which provides more than ten (10)
cumulative seats for patrons of the restaurant and which (i)
is entirely enclosed by landscape planters, fencing or other
decorative barrier which physically separates the outdoor
dining area from other open or public areas, (ii) does not
_ encroach into any public right-of-way or required setback or
yard area established by this Code, (iii) does not exceed
thirty percent (30%) of the gross floor area of the enclosed
restaurant, (iv) obtains primary access from the interior of
the restaurant it serves, and (v) is included in the total
gross floor area to establish the restaurant parking
requirement."
"'Outdoor Seating.' An outdoor area immediately
adjacent to a restaurant where tables and chairs are
provided exclusively for the seating and/or consumption of
meals and/or non-alcoholic beverages by patrons of a
restaurant which area provides a maximum of ten (10) seats
and which shall be subject to the requirements of subsection
18.02.052.060 of this Code."
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SECTION 6.
That Section 18.01.190 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
1118.01.190 "R" WORDS, TERMS AND PHRASES.
" 'Recreational Vehicle.' A 'recreational vehicle'
shall mean as defined in Section 799.24 of the Civil Code of
the State of California or any successor provision thereto.
'Recreational Vehicle Park.' A 'recreational
vehicle park' shall mean as defined in Section 799.25 of the
Civil Code of the State of California or any successor
provision thereto.
'Rest Home.' Same as boardinghouse, but
permitting nursing, dietary and other personal services
rendered to convalescents, invalids and aged persons, but
excluding cases of contagious or communicable diseases, and
excluding surgery or primary treatments such as are
customarily provided in sanitariums and hospitals.
'Restaurant.' An establishment which is engaged
primarily in the business of preparing and serving meals for
immediate consumption either on or off the premises. The
term 'primarily' shall mean that food and non-alcoholic
beverage sales comprise a minimum of sixty percent (60%) of
the gross income from the establishment's business
operations. The food preparation or kitchen area for a
Restaurant shall be permanently designed for food
preparation and food storage purposes and shall constitute
not less than twenty percent (200) of the gross floor area
of the Restaurant, including outdoor dining areas.
'Restaurant, Drive -In.' A Restaurant where
provision is made for vehicles to park on the premises and
food is ordered from and served directly to patrons in the
vehicle for consumption by patrons in vehicles while they
are parked on the premises.
'Restaurant, Drive -Through.' A Restaurant where
provision is made for one or more drive-through lanes for
the ordering and serving of food to patrons in vehicles for
consumption at a separate location either on or off the
premises.
'Restaurant, Enclosed.' A Restaurant in which the
preparation, service and consumption of meals is conducted
entirely within a building.
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'Restaurant, Fast Food.' A Restaurant where food
is customarily ordered by patrons while standing at a window
or counter located inside the building regardless of the
manner in which food is thereafter served or whether said
food is consumed on or off the premises.
'Restaurant, Full Service.' A Restaurant where
food is prepared on the premises and food orders are
customarily taken by, and served to patrons by a waiter or
waitress while the patron is seated at a table or dining
counter located inside the Restaurant or in an outdoor
seating area as defined in Section 18.01.160 of this Code.
'Restaurant, Semi -Enclosed.' A Restaurant in which
the activity of preparing and serving meals is conducted
mainly within an enclosed building and which provides an
outdoor dining area, as defined in Section 18.01.160 of this
Code.
'Restaurant, Take -Out.' A Restaurant where food is
prepared on the premises and customarily ordered by patrons
while standing at a window or counter located inside the
building, regardless of the manner in which said food is
thereafter served or whether said food is consumed on or off
the premises, and which may provide an indoor and/or outdoor
seating area having a cumulative maximum total of not more
than ten (10) seats.
'Restaurant, Walk -Up.' A Restaurant which is
engaged in the business of preparing and purveying food on a
self-service basis where service to the customer is by means
of a window or opening to the outside of the building at
which the customer places and receives an order, which food
may be consumed upon the premises, either inside or outside
the building in an outdoor seating or outdoor dining area.
'Restaurant, With On -Premise Sale and Consumption
of Alcoholic Beverages.' A Restaurant, either enclosed or
semi -enclosed, where alcoholic beverages are sold to and
consumed by patrons upon the premises, either within an
accessory cocktail lounge or in a designated dining area, in
conjunction with the serving and consumption of a meal.
Said establishment shall have and maintain all requisite
permits and approvals from and as required by the California
Department of Alcoholic Beverage Control and shall meet the
requirements of a bona fide eating place as defined by
Section 23038 of the California Business and Professions
Code, and any successor provision thereto, and the
definition of a 'Restaurant' as set forth in this Section
18.01.190. Service of alcoholic beverages is, and shall at
all times be, accessory to the primary restaurant use.
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'Restaurant, With Public Entertainment.' A
Restaurant, with or without on -premise sale and consumption
of alcoholic beverages, wherein music and/or live
entertainment is provided for patrons to dance or otherwise
be entertained, which is regularly open to the public upon
the payment of a cover charge or admittance fee, and is not
a 'Sex -Oriented Business' as defined in Section 18.89.020 of
this Code. Public entertainment is, and shall at all times
be, accessory to the primary restaurant use.
'Room.' An unsubdivided portion of the interior of
a dwelling excluding bathrooms, kitchens, closets, hallways
and service porches."
SECTION 7.
That a new subsection .060 be, and the same is hereby,
added to Section 18.02.052 of Chapter 18.02 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.060 Outdoor seating, as defined in Section 18.01.160
of this Code, shall be permitted as an accessory use to a
restaurant in all zones where restaurants are permitted or
conditionally permitted, providing said outdoor seating
complies with all of the following:
.0601 The outdoor seating area shall not encroach into
any public right-of-way or any required setback, yard,
landscaping or parking area.
.0602 Furnishings may include tables (having a maximum
dimension of thirty-six (36) inches), chairs, decorative
benches and umbrellas.
.0603 Furnishings shall not exceed one (1) table and two
(2) seats for every five (5) lineal feet of building or unit
frontage, up to a cumulative maximum of five (5) tables and
ten (10) seats.
.0604 Furnishings shall not be placed on or allowed to
hang over any public right-of-way or required pedestrian
accessway.
.0605 Furnishings provided in conformance with the
requirements of this subsection 18.02.050.060 may be placed
on the private sidewalk or patio area located immediately in
front of the building or unit which it serves.
.0606 A minimum five (5) foot wide pedestrian walkway
shall be maintained to provide unobstructed pedestrian
access on the private sidewalk or patio area between the
furnishings and the parking lot or other public area.
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.0607 All required emergency access/exits or fire lanes
shall be provided and maintained as required by the Anaheim
Fire Department.
.0608 An outdoor seating area provided in compliance
with the provisions of this subsection 18.02.052.060 shall
not be included in the gross floor area of a Restaurant to
determine its parking requirements.
.0609 Portable or non -fixed furnishings shall not be set
up outside the restaurant more than one-half hour prior to
the opening of business and shall be removed no later than
one-half hour after closing.
.0610 Furnishings shall not contain advertising or
depict any product or product name, logo, trademark, or
similar identification or advertising display.
.0611 At least one (1) trash receptacle shall be
provided.
.0612 The restaurant manager or business owner shall be
responsible for the removal of all trash and debris or
spilled food or beverage items, and shall maintain the
outdoor seating area and the area adjacent thereto in a
clean, sanitary and trash -free manner."
SECTION 8.
That paragraph .0231 of subsection .023 of Section
18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
11.0231 Restaurants -- Enclosed and Semi -Enclosed, with or
without cocktail lounge and/or entertainment facilities, and
integrated into a planned development complex such as a
shopping center or industrial complex: Eight (8.0) spaces
per 1,000 square feet of GFA."
SECTION 9.
That paragraph .0232 of subsection .023 of Section
18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
".0232 Restaurants -- Enclosed and Semi -Enclosed, with or
without cocktail lounge and/or entertainment facilities, and
not integrated into a planned development complex such as a
shopping center or industrial complex: Fifteen (15.0)
spaces per 1,000 square feet of GFA."
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SECTION 10.
That paragraph .0235 of subsection .023 of Section
18.06.050 of Chapter 18.06 of Title 18 of the Anaheim Municipal
Code be, and the same is hereby, amended to read as follows:
".0235 Bars and Nightclubs:
1,000 square feet of GFA."
SECTION 11.
Seventeen (17.0) spaces per
That a new subsection .120 be, and the same is hereby, added
to Section 18.21.030 of Chapter 18.21 of Title 18 of the Anaheim
Municipal Code to read as follows:
".120 Outdoor seating for restaurants, as defined in
Section 18.01.160 and in compliance with the provisions of
subsection 18.02.052.060 of this Code."
SECTION 12.
That clause (j) of paragraph .3151 of subsection .315
of Section 18.21.050 of Chapter 18.21 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
"(j) Restaurants, Full Service Enclosed or Semi -
Enclosed, with or without cocktail lounge and/or on -premise
sale and consumption of alcoholic beverages, with no public
entertainment."
SECTION 13.
That a new subsection .318 be, and the same is hereby,
added to Section 18.21.050 of Chapter 18.21 of Title 18 of the
Anaheim Municipal Code to read as follows:
".318 RESTAURANTS, Full Service Enclosed or Semi -
Enclosed, with or without cocktail lounge and/or on -premise
sale and consumption of alcoholic beverages; with or without
public entertainment (No drive-in, drive-through, take out,
walk-up or fast food -type restaurants)."
SECTION 14.
That subsection .320, a duplicate subsection of Section
18.21.050 of Chapter 18.21 of Title 18 of the Anaheim Municipal
Code which reads "RESTAURANTS, drive-in, drive-through or walk-
up", be, and the same is hereby, deleted.
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SECTION 15.
That subsection .020 of Section 18.41.015 of Chapter
18.41 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.020 All uses except outdoor seating and outdoor dining
areas for restaurants, automobile parking lots, and such
other uses as may specifically be exempted hereinafter,
shall be conducted wholly within a building."
SECTION 16.
That subsection .040 of Section 18.41.030 of Chapter
18.41 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".040 Restaurants, Enclosed (with or without outdoor
seating as defined in Section 18.01.160 and in compliance
with subsection 18.02.052.060 of this Code; without cocktail
lounge and/or on -premise sale and consumption of alcoholic
beverages and/or public entertainment). (No drive-in,
drive-through, or walk-up restaurants.)"
SECTION 17.
That subsection .183 of Section 18.41.050 of Chapter
18.41 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.183 Restaurants, Enclosed or Semi -Enclosed (except as
otherwise permitted in subsection 18.41.030.040 of the Code)
with cocktail lounge and/or on -premise sale and consumption
of alcoholic beverages; with or without outdoor dining areas
as defined in Section 18.01.160 of the Code, and located
within a primary use structure or integrated into a primary
use complex)(No public entertainment)."
SECTION 18.
That subsection .020 of Section 18.42.030 of Chapter
18.42 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended as follows:
".020 Outdoor seating for Restaurants, as
Section 18.01.160 and in compliance with the
Section 18.02.052.060 of this Code."
defined in
provisions of
SECTION 19.
That a new subsection .017 be, and the same is hereby,
added to Section 18.42.050 of Chapter 18.42 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.017 Alcoholic Beverage on -premise sale and consumption
facilities, only when integrated with and accessory to a
restaurant."
SECTION 20.
That a new subsection .125 be, and the same is hereby,
added to Section 18.42.050 of Chapter 18.42 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.125 Restaurants, Full Service Enclosed and Semi -
Enclosed (with or without on -premise sale and consumption
w of alcoholic beverages) (No cocktail lounge; no public
entertainment; No drive-in, drive-through, fast food, take-
out, or walk-up restaurant)."
SECTION 21.
That subsection .330 of Section 18.44.020 of Chapter
18.44 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.330 Restaurants, Enclosed (with or without
outdoor seating as defined in Section 18.01.160 and in
compliance with subsection 18.02.052.060 of this Code;
without cocktail lounge and/or on -premise sale and
consumption of alcoholic beverages and/or public
entertainment)."
SECTION 22.
That subsection .020 of Section 18.44.025 of Chapter
18.44 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".020 All uses except outdoor seating and outdoor dining
areas for restaurants, normal service station operations and
those specifically excepted hereinafter, shall be conducted
wholly within a building."
SECTION 23.
That a new subsection .140 be, and the same is hereby,
added to Section 18.44.030 of Section 18.44 of Title 18 of the
Anaheim Municipal Code to read as follows:
P]
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".140 Outdoor seating
Section 18.01.160 and in
Section 18.02.052.060 of
SECTION 24.
for restaurants, as defined in
compliance with the provisions of
this Code."
That subsection .010 of Section 18.44.050 of Chapter
18.44 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.010 Facilities for
consumption of alcoholic
cocktail lounges, whether
Restaurant."
SECTION 25.
the on -premises sale and
beverages, including bars or
or not integrated with a
That a new subsection .207 be, and the same is hereby,
added to of Section 18.44.050 of Chapter 18.44 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.207 Nightclubs, provided that a nightclub shall not be
located within four hundred (400) feet of any residential
zone or residential use, whether such residential zone or
use is located within or outside the corporate boundaries of
the City of Anaheim."
SECTION 26.
That subsection .300 of Section 18.44.050 of Chapter
18.44 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".300 Restaurants (except as otherwise permitted in
Section 18.44.020 of this Code) including drive-in, drive-
through, walk-up or semi -enclosed restaurants with 'outdoor
dining areas' as defined in Section 18.01.160 of the Code;
with or without cocktail lounge and/or on -premise sale and
consumption of alcoholic beverages and/or public
entertainment."
SECTION 27.
That subsection .350 of Section 18.45.020 of Chapter
18.45 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".350 Restaurants, Enclosed (with or without outdoor
seating, as defined in Section 18.01.160 and in compliance
with the provisions of Section 18.02.052.060 of this Code;
without cocktail lounge and/or on -premise sale and
consumption of alcoholic beverages and/or public
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entertainment.(No drive-in, drive-through or walk-up
restaurants.)"
SECTION 28.
That subsection .070 of Section 18.45.025 of Chapter
18.45 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.070 All uses except outdoor seating and outdoor dining
areas for restaurants, normal service station operations and
those uses specially excepted hereinafter shall be conducted
wholly within a building."
SECTION 29.
That new subsection .150 be, and the same is hereby,
added to Section 18.45.030 of Chapter 18.45 of Title 18 of the
Anaheim Municipal Code be to read as follows:
11.150 Outdoor seating for restaurants as defined in
Section 18.01.160 and in compliance with the provisions of
Section 18.02.052.060 of this Code."
SECTION 30.
That subsection .010 of Section 18.45.050 of Chapter
18.45 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.010 Facilities for the on -premise sale and consumption
of alcoholic beverages or cocktail lounges, only when
integrated with and accessory to a restaurant."
SECTION 31.
That subsection .290 of Section 18.45.050 of Chapter
18.45 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".290 Restaurants (except as otherwise permitted in
Section 18.45.020 of this Code), including drive-in, drive-
through, walk-up or semi -enclosed restaurants of this Code;
with or without cocktail lounge and/or on -premise sale and
consumption of alcoholic beverages; without public
entertainment)."
SECTION 32.
That subsection .510 of Section 18.46.020 of Chapter
18.46 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
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11.510 Restaurants, Enclosed (with or without outdoor
seating as defined in Section 18.01.160 and in compliance
with the provisions of Section 18.02.052.060 of this Code;
without cocktail lounge and/or on -premise sale and
consumption of alcoholic beverages and/or public
entertainment)(No drive-in, drive-through or walk-up
restaurants.)"
SECTION 33.
That subsection .020 of Section 18.46.025 of Chapter
18.46 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".020 All uses shall be conducted wholly within a
building except such uses customarily conducted in the open,
such as electrical substations, plant nurseries, normal
service station operations, and outdoor seating and outdoor
dining areas for restaurants."
SECTION 34.
That new subsection .140 be, and the same is hereby,
added to Section 18.46.030 of Chapter 18.46 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.140 Outdoor seating for restaurants as defined in
Section 18.01.160 and in compliance with the provisions of
subsection 18.02.052.060 of this Code."
SECTION 35.
That subsection .010 of Section 18.46.050 of Chapter
18.46 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
11.010 Facilities for the on -premise sale and consumption
of alcoholic beverages, or cocktail lounge facilities, only
when integrated with and accessory to a restaurant."
SECTION 36.
That subsection .270 of Section 18.46.050 of Chapter
18.46 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".270 Restaurants (except as otherwise permitted in
Section 18.46.020 of this Code) including drive-in, drive-
through, walk-up or semi -enclosed restaurants with or
without cocktail lounge and/or on -premises sale and
consumption of alcoholic beverage; without public
entertainment."
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SECTION 37.
That new subsection .265 be, and the same is hereby,
added to Section 18.61.020 of Chapter 18.61 of Title 18 to read
as follows:
11.265 Restaurants; delicatessen, fast food or take-out
only, when integrated into an industrial complex of five (5)
or more units."
SECTION 38.
That new subsection .055 be, and the same is hereby,
added to Section 18.61.030 of Chapter 18.61 of Title 18 to read
as follows:
11.055 Outdoor seating for restaurants, as defined in
Section 18.01.160 and in compliance with the provisions of
subsection 18.02.052.060 of this Code."
SECTION 39.
That new subsection .285 be, and the same is hereby,
added to Section 18.61.050 of Chapter 18.61 of Title 18 of the
Anaheim Municipal Code to read as follows:
11.285 Nightclubs, provided that a nightclub shall not be
located within four hundred (400) feet of any residential
zone or residential use, whether such residential zone or
use is located within or outside the corporate boundaries of
the City of Anaheim."
SECTION 40.
That subsection .390 of Section 18.61.050 of Chapter
18.61 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".390 Restaurants, Enclosed or Semi -Enclosed (except as
otherwise permitted in Section 18.61.020 of this Code); with
or without cocktail lounges and/or on -premise sale and
consumption of alcoholic beverages; with or without public
entertainment; including drive-in, drive-through or walk-
up . 11
SECTION 41.
That new subsection .385 be, and the same is hereby,
added to Section 18.63.020 of Chapter 18.63 of Title 18 to read
as follows:
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11.385 Restaurants; delicatessen, fast food or take-out
only, when integrated into an industrial complex of five (5)
or more units."
SECTION 42.
That new subsection .045 be, and the same is hereby,
added to Section 18.63.030 of Chapter 18.61 of Title 18 to read
as follows:
11.045 Outdoor seating for restaurants, as defined in
Section 18.01.160 and in compliance with the provisions of
subsection 18.02.052.060 of this Code."
SECTION 43.
That subsection .315 of Section 18.63.050 of Chapter
18.63 of Title 18 be, and the same is hereby, deleted.
SECTION 44.
That subsection .340 of Section 18.63.050 of Chapter
18.63 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".340 Restaurants; Enclosed or Semi -Enclosed (except as
otherwise permitted in Section 18.63.020 of this Code; with
or without cocktail lounges and/or on -premise sale and
consumption of alcoholic beverages; without public
entertainment), including drive-in, drive-through or walk-
up."
SECTION 45.
That subsection .030 of Section 18.84.041 of Chapter
18.84 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".030 Drive-in, drive through or walk-up restaurants."
SECTION 46.
That subsection .120 of Section 18.84.071 of Chapter
18.84 of Title 18 of the Anaheim Municipal Code be, and the same
is hereby, deleted.
SECTION 47.
That a new subsection .0311 of subsection
18.110.050.030 of Section 18.110.050 of chapter 18.110 of Title
18 of the Anaheim Municipal Code be, and the same is hereby,
added to read as follows:
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".0311 Outdoor seating
Section 18.01.160 and in
Section 18.02.052.060 of
SECTION 48.
for restaurants, as defined in
compliance with the provisions of
this Code."
That paragraph .0533 of subsection 18.110.050.050 of
Section 18.110.050 of Chapter 18.110 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
11.0533 Restaurants; Enclosed or Semi -Enclosed (with or
without cocktail lounges and/or on -premise sale and
consumption of alcoholic beverages; with or without public
entertainment), including drive-in, drive-through, take-out,
walk-up or fast food."
SECTION 49.
That a new paragraph .0311 of subsection 18.110.070.030
of Section 18.110.070 of Chapter 18.110 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, added to read
as follows:
".0311 Outdoor seating for restaurants, as defined in
Section 18.01.160 and in compliance with the provisions of
subsection 18.02.052.060 of this Code."
SECTION 50.
That paragraph .0531 of subsection 18.110.070.050 of
Section 18.110.070 of Chapter 18.110 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
".0531 Restaurants; Enclosed or Semi -Enclosed (with or
without cocktail lounges and/or on -premise sale and
consumption of alcoholic beverages; with or without public
entertainment), including drive-in, drive-through, take-out,
walk-up or fast food."
SECTION 51.
That a new paragraph .0311 of subsection 18.110.080.030
of Section 18.110.080 of Chapter 18.110 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, added to read
as follows:
".0311 Outdoor seating for restaurants, as defined in
Section 18.01.160 and in compliance with the provisions of
Section 18.02.052.060 of this Code."
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SECTION 52.
That paragraph .0522 of subsection 18.110.080.050 of
Section 18.110.080 of Chapter 18.110 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
".0522 Restaurants; Enclosed or Semi -Enclosed (with or
without cocktail lounges and/or on -premise sale and
consumption of alcoholic beverages; with or without public
entertainment), including drive-in, drive-through, take-out,
walk-up or fast food."
SECTION 53.
That paragraph .0106 of subsection 18.110.090.010 of
Section 18.110.090 of Chapter 18.110 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
10.0106 Restaurants; Enclosed or Semi -Enclosed (without
cocktail lounges and/or on -premise sale and consumption of
alcoholic beverages; without public entertainment). No
drive-in, drive-through, or walk-up restaurants.)"
SECTION 54.
That paragraph .0201 of subsection 18.110.090.020 of
Section 18.110.090 of Chapter 18.110 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
".0201 All uses except outdoor seating or outdoor dining
areas for restaurants, automobile parking lots, train
platforms, and except as otherwise provided in the listed
uses, shall be conducted wholly within a building."
SECTION 55.
That paragraph .0310 of subsection 18.110.090.030 of
Section 18.110.090 of Chapter 18.110 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, deleted.
SECTION 56.
That a new paragraph .0328 of subsection 18.110.090.030
of Section 18.110.090 of Chapter 18.110 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, added to read
as follows:
16
".0328 Outdoor seating for restaurants as defined in
Section 18.01.160 and in compliance with the provisions of
subsection 18.02.052.060 of this Code."
SECTION 57.
That paragraph .0518 of subsection 18.110.090.050 of
Section 18.110.090 of Chapter 18.110 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
11.0518 Restaurants (except as otherwise permitted in
paragraph 18.110.090.010.0106 of this Code); with on -premise
sale and consumption of alcoholic beverages and/or cocktail
lounge and/or public entertainment; including drive-in,
drive-through, and walk-up restaurants."
SECTION 58.
That paragraph .0130 of subsection 18.110.100.010 of
Section 18.110.100 of Chapter 18.110 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
11.0130 Restaurants; Enclosed or Semi -Enclosed (without
cocktail lounges and/or on -premise sale and consumption of
alcoholic beverages; without public entertainment) (No
drive-in, drive-through, or walk-up restaurants.)"
SECTION 59.
That paragraph .0202 of subsection 18.110.100.020 of
Section 18.110.100 of Chapter 18.110 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
11.0202 All uses except outdoor seating or dining areas
for restaurants as defined in Section 18.01.160 of this
Code, normal service station operations, and except as
otherwise provided in the listed uses, shall be conducted
wholly within a building."
SECTION 60.
That a new paragraph .0310 of subsection 18.110.100.030
of Section 18.110.100 of Chapter 18.110 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, added to read
as follows:
11.0310 Outdoor seating for restaurants as defined in
Section 18.01.160 and in compliance with the provisions of
subsection 18.02.052.060 of this Code."
17
a
SECTION 61.
That paragraph .0522 of subsection 18.110.100.050 of
Section 18.110.100 of Chapter 18.110 of Title 18 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
11.0522 Restaurants (except as otherwise permitted in
Section 18.110.100.010.0130 of this Code); with on -premise
sale and consumption of alcoholic beverages and/or cocktail
lounge and/or public entertainment; including drive-in,
drive-through, and walk-up restaurants."
SECTION 62. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of this 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 63. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
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 thereof, 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 64. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
18
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 11th day of June
1996.
MAY R OF THE CITY-OF6hNAHEIM
ATTEST:
z���, --2-t
CITY CLERK OF THE CITY OF ANAHEIM
SMANN\18792.2\May 21, 1996 19
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. 5565 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 4th day of June, 1996, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 11th day of June, 1996, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez,Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5565 on the 11th day of June, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 11th day of June, 1996.
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 of Ordinance No. 5565 and was published once in the North County News on
the 20th day of June, 1996.
.;� �2,=��-
CITY CLERK OF THE CITY OF ANAHEIM