Ordinance 1478-
ORDINANCE NO. 1478
AN ORDINANCE OF THE CLTY COUNCIL OF THE CITY OF CUPERTINO
REGULATING THE CONCURRENT SALES OP ALCOHOLIC BEVERAGES ANLt
GASOLINE. AND DECLARING THE URGENCY THEREOF
WBERBAS, Chapter 176 of the 1987 9tatutes•of the
State of California, codified as California l3overnment
Code Section 23790.5 which provides, inter alia, that no
City "shall, by ordinance or resolution adopted on or
after January 1, 1988, legislatively prohibit the
concurrent retailing of motor vehicle fuel and beer and
wine for off-sale consumption in zoning districts wheYe
the zoning ordinance allows motor vehicle fuel and
off-sale beer and wine to be cetailed on separate sites"
and further provides that "this section shall not
prevent a city, county, or city and county from denying
permission, or granting conditional permission, to an
individual applicant to engage in the concurrent
retailing of motor vehicle fuel with beer and wine for
off-premises consumption and pursuant to a valid
conditional uae permit ordinance "; and,
WBEREAS, the public well-being will be greatly `
impacted unless a conditional use permit ordinance is
enacted to provide for-the administrative review of
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applications for the engagement in the concurrent
retailing of motor vehicle fuel with beer and wine for
off-premises consumption= and,
WHEREAS, the absence of such a conditional use
permit ordinance may affect those persons who wish to
present the City with an applicant to engage in.the•-:
activities described, herein;
.NOW, THEREFORE, BE IT ORDAINED BY THE CITY OP
CUPERTINO:
;,Section i. Ordinance No. - s hereby enacted'
to, read as follows:
Section 1: Purpose: The purpose of this _ .
Ordinance is to establish regulations pertaining. to r
those establishmentswhich concurrently sell motor, _.,
vehicle fuel and alcoholic beverages including beer:,. and
wine.
Section 2: A plications This Ordinance shall
apply to any establishment within a General Commercial
(CG) zone which, pucsuant to a conditional use permit,.
sells or proposes to sell, concurrently, alcoholic.
beverages including but not limited to beer and wine,
and motor vehicle fuel.
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Section 3: Granting of Use Permit: An
establishment subject to this Ordinance may be permitted
where they, in the opinion of the Planning Commission,
are compatible with existing and planned uses in the
particular zone or neighborhood.
Section 4: Public gearing: The Planning
Commission, after having received an application foc a
conditional use permit by any person proposing a use
which is subject to this Ordinance, shall set a time for
the holding of a public hearing therein.
Any person may address the Planning Commission and
present testimony regarding the particular conditional
use permit application.
Section 5: Findings: Written findings. regarding
the granting or denial of any conditional use permit
subject to this Ordinance shall. be made by the Planning
Commission, and shall be based on substantial evidence
in light of the entire administrative record.
Section 6: Restrictions: Notwithstanding any
other provision of law, any establishment subject to
this Ordinance shall abide by the following
restrictions:
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(1) No beer or sine shall be displayed within
-five feet of the cash register or the front do"or
"unless it is in a permanently affixed coo"ler.
(2) No advertisement of alcoholic beverages shall
be displayed at motoc fuel islands.
(3)' No sale of alcoholic beverages shall be made
" ` from a drive-in window.
(4) No display or sale of beer or wine shall be
made from an ice tub.
(5) No beer or wine advertising shall be located
on motor fuel islands and no self-illuminated
advertising for beer or wine shall be located on
buildings or windows.
(6) Employees on duty between the hours of 10
p.m. and 2 a.m. shall be at least 21 years of age
to sell beer and wine.
Section 7: Appeals:
A. Any person aggrieved by a decision of the
Planning Commission under the provisions of this
Ordinance may appeal said decision to the""City Council
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by filing written notice of the appeal with the City
Clerk within five days after the date of the decision.
,.;;B.,:Said notice of appeal moat states. --
1. The asserted error: --- ~?'
,,;z_~,:2.: The grounds upon which saidappeal is
~takenj and
-3, The name and address of the party
,.appeasing. Said notice of appeal must be signed by the
party :appealing, or by his agent. Said notice of appeal
shall not be effective unless it is filed with the City
Clerk-within the time required by subsection A, above.
C. A public hearing shall be held by the City`
Council within thirty days from the date of the filing
of the notice. _
D. Notice of the time and place of the hearing
shall be given by mail, postage prepaiS, and dispatched
not less than ten days prior to the hearing to the
applicant at his address as shown upon notice of appeal.
E. The City Council shall hear the appeal. At
the conclusion of the hearing, the council may 'affirm,
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reverse, or modify the action appealed; subject,
however, to the provisions of this chapter. 'The
findings and decisions of the City Council shall be
entered upon the minutes of the City Council, and the
decision shall be final and'ahall take effect as
directed by the City Council.
Section 8: Severabilitys If any section,
subsection, sentence, clause or phrase of this Ordinance
is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining
:portions of this Ordinance. The legislative body hereby
declares that it would have passed this Ordinance and
each section, subsection, sentence, clause or phrase
.thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be
declared unconstitutional.
Section ii. Enforcement. The City Clerk is `
hereby authorized and instructed to file a certified
copy of this ordinance upon its becoming effective with
-the Sheriff's Office of the County of Santa Clara, State
of California.
Section III. This ordinance is an urgency measure
necessarg for the immediate preservation of the public
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well-being and-shall become effective immediately upon
adoption. The 'f acta'conatituting such urgency. are:
•-1. ,Chapter 176. of the 1987 Statute of the state
of California prohibits the legislative prohibition of
the concurrent retailing of motor vehicle fuel and beer
and wine for off-sale consumption, and allows such "
applications to engage in such activities to be-
administratively reviewed pursuant to a conditional"nae
permit application.
2. .The ,City of Cupertinowiahea to_comply with
said statute forthwith.
3. The lack of such a conditional use permit
ordinance as described in said statute would be inimical
to the public well-being in that persons who wish to
engage in those activities described herein will not
have an available administrative review process and
those persons affected by such proposed activities will
not bave an available administrative review process.
Section IV. The provisions of this ordinance
shall be effective immediately upon its passage and
shall remain in effect until superseded by a revising
ordinance.
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PASSED FOR POBLICATION OF TITLE thi8 19th day
of. Dece~pber ~ 198g, by he following vote:
Vote:_ Members. of the City Council:
Ayes:: Gatto, Johnson, Koppel, Rogers, Plungy
NOeB i,,, ~ , None . , . .,
Absents, None
Abstain:.
_. None
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ATTEST: APPROVBDs ..
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