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HomeMy WebLinkAboutAGENDA REPORT 1990 0404 CC REG ITEM 11EMOORPARK I�- PAUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M.PEREZ Councilmember LILLIAN KELLERMAN T8 Clerk FROM: DATE: SUBJECT: MEMORANDUM STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE The Honorable City Council City Treasurer Patrick J. Richards, Director of Community Development MARCH 15, 1990 (cc meeting of April 4, 1990) AN ORDINANCE OF THE CITY OF MOORPARK ESTABLISHING HOURS OF OPERATION FOR RESTAURANTS SERVING ALCOHOLIC BEVERAGES Background This matter was first discussed by the City Council on September 6, 1989 as a result of a discussion concerning the hours of operation for the proposed restaurant with a fixed bar which required a major modification to Planned Development Permit No. 966. During the public testimony portion of the public hearing for the proposed restaurant, Zouhair Youman spoke regarding his letter dated August 29, 1989. The letter indicated that the hours of operation for the proposed restaurant should be extended to 2:00 a.m. since Chuey's restaurant was allowed to operate until 2:00 a.m. Councilman Harper stated that the proposed hours of operation to 12:00 a.m. was arbitrary and that an Ordinance addressing hours of operation for restaurants should be established for consistency. A motion was passed extending the hours of operation for the proposed restaurant to 1:00 a.m. Discussion In response to the City Council's desire to establish a City-wide Ordinance for a unified closing time for restaurants serving alcoholic beverages within the City, staff prepared the attached Ordinance which sets the closing time for such restaurants at 1:00 a.m., which is consistent with the closing time for the proposed restaurant for PD-966. On March 7, 1990, this issue was brought before the City Council with a proposed Ordinance which was reviewed and approved by the City Attorney. Issues brought up at that hearing are addressed in this report. The first issue related to how the proposed Ordinance would affect existing restaurants. It is the intent to have all existing and proposed restaurants, taverns and bars serving alcoholic beverages 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 to be included within the authority of this Ordinance, in that they would all have the same mandated limitation on closing hours. Although the Ordinance brought before the City Council at the previous hearing did not specifically address bars and taverns, it was the intent of staff to include these type of businesses within the scope of this Ordinance. Therefore, the Ordinance has been modified to also include those type of commercial enterprises, so as to treat all similar businesses serving alcoholic beverages to the public in a consistent manner. Staff has discussed this issue with the City of Moorpark Police Department who has indicated concerns with having facilities continue to serve alcohol after 1:00 a.m. The Police Department indicates that calls after 11:00 p.m. burdens their ability to effectively handle calls, but that the issue of having adequate staff to handle calls becomes critical after midnight. Police officers begin to change shifts at 11:00 p.m. and prior to midnight there are three police vehicles to cover the City. After midnight there are only two police vehicles covering the entire population of the City. This becomes particularly a problem because according to the City of Moorpark Police Department, alcoholic consumption in a bar type environment may result in conflicts and fights that require the intervention of the police. When a conflict occurs and the police is required to intervene, this leaves only one police vehicle to cover the City. Also, the frequency of alcohol related police intervention calls is expected to increase, as beginning on January 1, 1990, driving under the influence of alcohol test was lowered from one percent alcohol content to .08 percent. On March 15, 1990, staff discussed the issue of restricting the hours of operation for facilities serving alcoholic beverages with Ed Macias, Supervising Special Investigator for Alcoholic Beverage Control located in Santa Barbara. He indicated that if the City adopts an Ordinance restricting the hours of operations for facilities that have not yet received a license from ABC, a condition could be placed on the liquor license limiting the sales of liquor to the hours that would be consistent with the City's Ordinance. Should there be a violation of the liquor license in terms of the hours in which liquor sales are sold, then ABC would have the authority to take action on the basis of a violation of the condition regulating hours of permitted sales. However, for all liquor licenses that have been issued prior to the adoption of the Ordinance whereby the ABC allowed longer hours of operation, the City would be responsible for enforcing the hours of operation as a violation of their Planned Development Permit, or municipal code in lieu of the State enforcing under their liquor license terms of conditions. Recommendation 1. Approve the Revised Ordinance as drafted 2. Introduce the Ordinance for first reading Attachment: 1. Previous Draft Ordinance 2. Revised Draft Ordinance .00RPARK, CALIFORNIA City Courpill Meetn9 of 1990 ACTION: /�i ORDINANCE NO - AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA ESTABLISHING HOURS OF OPERATION FOR RESTAURANTS SERVING ALCOHOLIC BEVERAGES WHEREAS, on September 6, 1989, the City Council established a closing hour for the proposed restaurant with fixed bar for PD-966(Major Modification) to be at 1:00 a.m. WHEREAS, the City Council directed staff to establish an Ordinance regarding the hours of operation for restaurants for consistency; WHEREAS, public notice having been given in time, form, and manner as required by law, the City Council of the City of Moorpark has held a public hearing on February 21, 1990, has received testimony regarding said subject, and has reached its decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. That the City Council mandates that restaurants within the City of Moorpark serving alcoholic beverages shall close no later than 1:00 a.m. SECTION 2. That if any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Moorpark hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. PASSED, APPROVED AND ADOPTED this day of , 1990 Mayor Paul Lawrason City of Moorpark ATTEST:. Lillian E. Kellerman City Clerk •'/ 1 /• M • I • ••"•' 1 •• Y• it `I /1 VEMRFMS, on September 6, 1989, the City Council established a closing hour for the proposed restaurant with fixed bar for PD-966(Major Modification) to be at 1:00 a.m. RM REAS, the City Council directed staff to establish an Ordinance regarding the hours of operation for all existing and future restaurants, taverns, and bars serving alcoholic beverages to be consumed on -site, -for consistency; W MWAS, public notice having been given in time, form, and manner as required by law, the City Council of the City of Moorpark has held a public hearing on February 21, 1990, has received testimony regarding said subject, and has reached its decision; • r 181-� •• r I •• I 1 • r I • ••••• •• • 1 •• 1• •••• / •I • . SECTION 1. That the City Council mandates that all existing and future restaurants, taverns, and bars serving alcoholic beverages to be consumed on -site, within the City of Moorpark serving alcoholic beverages shall close no later than 1:00 a.m. SECTION 2. That if any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Moorpark hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared invalid. PASSED, APPROVED APED ADOPTED this day of , 1990 Mayor Paul Lawrason City of Moorpark Lillian E. Kellerman City Clerk 0/30/90 16:03 $213 236 2700 BW&S LA MAIN --- CITY OF MOORPARK U 002i004 . a r . LAW OFFICES BLTRKE, WILLIAMS & SORRNSEN ONC WIL9HIR11 OUILOING MARTIN J. BURN!' GACOOPY A. DOCIMO 024 90UTM CRANO AVENUC, III" FLOOR VENTURA COUNTY OFFICC JAMES T. ■RAQ*HAW, JR# ELIZABETH L MANNA LOS ANGELES, CALIFORNIA QOOt7 2310 RONOCROLA, OA,V( SUITE I MARK C. ALLEN. aft.' KATRYN R PETCR5' MARTIN L. SJRKE' USA L KRAN,T[ I2131 E36-0600 CAMARILLD, CALIFORNIA o]OIO CARL K. NCWTON• KIM L. MCNALLY (8061 947a+E4 J. ROSERT FLANDRICK• OCNNIS i, /LOYD NORMAN C. CAA.Rt LINDA L OAJAC TtLLCOPIER: 12131 236-2700 ORANGE COUNTY OFFICC £OWARD M. FOX' M. LOiS SOOAK 3200 BRIETOL STREET DENNIS R SJRK£• LELAND C. 5OLLLY' ROB[RT V wA00LN FRANK M. WHITCM[AD, VT HARRY C, WILLIAMS SUITE 640 GOWN LCNNARO' SCOTT M. CAMPSCLL (Iola-19071 COSTA MESA, CALIFORNIA O202E THOMAj J. Ott"Y' MARYANN LINK OOOOKINO P14) 616-6'S69 NEIL 9 YEAGER' TIMOTHY 0, MOOSKLR ROYAL M. SOR[NS [N •RIAN A. *+CR,K' DIANA L FIELD h9N.•1903) PLATA CMARLES M. CALDERON' PITA J. TAYLOR BOUL1 7500 COSUITC •OULLVARD COLLEGE R[TCR M. THORSON' STEVEN J. OAW30N SJIT( 110 JURY M. PATTERSON JAMES R RIGAIJ KA OVERLAND PARK, 66L10 HAROLD A. BRIDO[64 JAMES P. 0"TON LOO 101�) 779•6300 CM[RYL J. KANe TERRY R KAUFMANN RAYMOND J. FU[NT"' STCRNLN R. ONSTOT March 30, 1990 VIROINIA R. PLf OLA JAlM[ ARNALO `0, =V"SCL B. MUL BRUOU[RA K. OANICLS CRAWFORD, M CW143WT A. NCWCLL S. DCPCK STRAA.TSMA MARIANNE WOO ' DOUOLAS ' HOLLANO JOMN L.-CAVANAUGH oom O. KIRCMLR MARK 0. H[NILCY WAITER'S DIRECTS MICM[L[ VAOON'RIVLRA SCOTT Fr,FILLO PCMR D. TREMBLAY C- MICMAt1. ZWLIOACK ADIAL 213-236_2820 MARY R[OJS GAYLL' RCGCR L 170 01359-001 RUFUS C. YOUNG, JR. oUR /ILC NO. •�ib�c�nlavu conranwrmn *A .n0�[LLIONAI AlEOC,ATIOn AOMI7T[O KiN614 � it i�JlQySI •1041tt[0 KAn]Af , Mr. Patrick J. Richards Director of Community Development CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Re: Restricting Operation of Restaurants Serving Alcoholic Beverages Dear Pat: This letter is in response to your March 15, 1990 memorandum in which you asked for our comments regarding the revised ordinance concerning the above -captioned matter. First, state law specifically authorized the City to enact certain zoning controls over alcoholic beverage sales. Specifically, Business and Professions Codd-Section 23790 provides that 11[n]o retail license shall be issued for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance." Thus, under the City's zoning power, it may regulate the closing time of restaurants serving alcoholic beverages. However, Section 23790 goes on to say that "[p]remises which had been used in the exercise of such rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation". The Ci.ty)s proposed ordinance would not, therefore, apply to existing establishments; they would become legal non -conforming uses. 03•/30/90 16:03 $213 236 2700 Patrick J. Richards March 30, 1990 Page 2 BW&S La MAIN - -- CITY OF MOORPARK U 003/004 ,As you know, the City may validly require the eventual termination of non -conforming uses through amortization, by which the use is subject to loss of its legal status within a reasonable period of time in consideration of the investment involved. In this case, the only loss of use would be the ability to sell alcoholic beverages after 1:00 a.m. Factors to consider in establishing an amortization period would include the present actual or depreciated value of the use, its remaining useful life, the length and remaining term of the lease under which it is maintained, and the harm to the public if the use were not amortized. (United Buainess QQm. M. City of San Diego (1979) 91 Cal.App.3d 156, 179-81.) If the City plans to make the ordinance applicable to existing establishments, then the ordinance needs to be modified to include an amortization period based on these factors. Second, there is the issue of excepting liquor stores from the early closing requirement. The Moorpark Police Department suggests that -restaurants pose a greater problem than liquor stores. We would point out that case law in this area frequently suggests.that liquor stores are a greater source of evil than on -site establishments. For example, both the City and County of Los Angeles closely monitor liquor store operations by requiring a conditional use permit. In this light, the City may wish to further document its finding that restaurants require stricter limits than liquor stores. Finally, since regulation of alcoholic beverages is authorized under the City's zoning power, adoption of the ordinance is governed by Government Code Sections 65850- 65861. From our review of the ordinance prior to the February 21, 1990 City Council public hearing, it appeared the ordinance would be adopted pursuant to these Government Code sections, because otherwise no public hearing would be required before the City Council. However, based on the February 21, 1990 meeting, we are unclear if the Planning Commission has held a public hearing on this matter. 03i30/90 16-04 la213 236 2700 •r Patrick J. Richards March 30, 1990 Pag© 3 BPS&S LA MAIN --- CITY OF MOORPARK U 004/004 Please contact us if you have any further questions regarding this matter. Very truly yours, CHERYL J . - KAN CITY ATTORNEY, MOOR ARK and BURKE, WILLIAMS & SORENSEN By Peter D. Tremblay for BURKE, WILLIAMS & SORENSEN CJK:PDT:apa Enclosure cc: Steven Kueny, City Manager Cheryl J. Kane, City Attorney pdt/LTR21359 16: 02 $213 236 2700 B} &S' LA MAIN •-- CITY OF MOORPARK Z 001/004 c.Aw OFFICC' $vRg$, WILLIAMS & so$sNe$N ON[ Wf�.*HIRC •UILOINd 2310 RONO[ROiA GRIVC 634 SdUTw aFRANG AVCNLJL. 11— F6GOR •UIT1G I 1_0s ANOCLES, C.A61Fp0th41a 90017 CAMAMLLO. CALfRORWA 930I10 14001 fit-346 • upwrpN PLAZA f3oo 006f.CO6 4au619v400 W ITC ce0 ovcui.A«o :ARK, KANGAS 442�0 IV 1l1 330-4200 TILIQQPIt 9AILIA%A 330C 0011rOL •TRccr 1UITC 640 Co1TA MCSA. CALIFOANIA #RGA M41 549-01040 TO : DATE : 3/3 p q l7 FROM:., SUBJECT! �%� �'+` a.n.cc . 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