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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: __. T_ _- .. "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. -2- 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. -3- 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. 01 '1 TY CLERK