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4946FOLLOWS: ORDINANCE NO. 4946 AN ORDINANCE OF OF THE CITY OF ANAHEIM ADDING AND AMENDING VARIOUS SECTIONS AND SUBSECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARKING REQUIREMENTS AND DEFINITIONS OF CONVENIENCE MARKETS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Section 18.01.040 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by the addition of the following definition as a "C" word listed alphabetically in said section, to read as follows: "'Convenience Market, Take-out, Food Service.' A market or grocery store having an interior building floor area of less than 15,000 square feet and which is engaged in the incidental service or sale of food prepared on the premises and which, by design of the building or its improvements or physical facilities or service procedures permits customers to receive food or food service at a window or a counter located inside the building, but does not provide for or encourage consumption of food on the premises. For purposes of this Section, 'food prepared on the premises' shall mean any food which is cooked, heated, reheated, assembled or altered on the site." SECTION 2. That a new subsection .0225 be and the same is hereby, added to Section 18.06.050 to read as follows: 11.0225 Convenience Market, Take-out, Food/Meal Service: Five and one-half (5.5) spaces per 1000 square feet of GFA plus Five (5) additional spaces." SECTION 3 The requirements of this ordinance shall not be applicable to any convenience market for which any discretionary permit or building permit was issued by the City of Anaheim on or before July 26, 1988, unless said permit expires or is terminated prior to the exercise thereof. SECTION 4. 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 Five Hundred Dollars ($500.00) 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. SECTION S. 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 here from of any such portion as may be declared invalid. SECTION 6. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 9th day of August, 1988. ATTEST: G� CITY CLERK OF THE CITY OF ANAHEIM JWF/lm 2385L 07/20/88 Z:5: !!!� MAYOR OF THE CITY OF JkNAHEIM -2- CLERK 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. 4946 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of July, 1988, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 9th day of August, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Kaywood, Pickler and Bay NOES. COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4946 on the 10th day of August, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of August, 1988. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4946 and was published once in the Anaheim Bulletin on the 19th day of August, 1988.