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HomeMy WebLinkAboutORDINANCE 912 06-04-84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE 912 AN INTERIM URGENCY ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A MORATORIUM UPON THE ISSUANCE OF PERMITS FOR OFF SALE LIQUOR STORES IN THE CITY OF TUSTIN. The City Council hereby finds and determines as follows: A. In order to protect the public safety, health and welfare, it is necessary that an interim ordinance be adopted as an urgency measure establishing a moratorium on the issuance of permits for off-sale liquor stores in the City of Tustin and deleting off-sale liquor stores as a permitted use during such moratorium. B. The issuance of permits for off-sale liquor stores in the City of Tustin would be in conflict with contemplated zoning p~oposal which the City Council, the Planning Commission and the Commun- ity Development Department are considering and studying and intend to study and consider for a reasonable period of time, to-wit approximately four (4) months. C. The adoption of this interim ordinance as an urgency measure is necessary to prevent the con- struction of any new off-sale liquor stores and the commencement of use of any new off-sale liquor stores pending completion of such study. D. Testimony at regular meetings of the City Counicl held on May 7, 1984 and May 21, 1984 and the comments of the City Council in reference to this subject are incorporated herein by this reference. NOW, THEREFORE, the City .Council of the City of Tustin, California does hereby ordain as follows: Section 1: Liquor stores for off-sale and on-sale are prohibited uses in all zoning districts of the City. Section 2: The provisions of Tustin City Code Sections 9232 a 1 (s) and 9235 b 2 (s) are suspended during the time in which this ordinance is in effect. Section 3: No permits shall be issued by staff or the Planning Commission for a new liquor store use during the time in which this ordinance is in effect. This ordinance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 does not prohibit the transfer of existing licenses for liquor stores presently existing and in operation in the City, provided, that no change in the building or facilities is to occur as a result of the change. Section 4: Liquor stores shall be deemed to include all retail establishments which sell alcoholic beverages either as its principal merchandise or as incidental sales to other products. This ordinance is adopted as an urgency measure pursuant to California Government Code Section 65858 and upon approval of a four-fifths (4/5th) vote of the City Council shall take effect immediately upon adoption and shall remain in force and effect for a period of forty-five (45) days from date of adoption. After notice pursuant to Government Code Section 65856 and public hearing, the legislative body may extend such interim ordinance. PASSED AND ADOPTED at a regular meeting of the City Coun- cil of the City of Tustin, california, held this 4th day of June, 1984. ATTEST: X~h~YOR CITY CLERK JGR:se:D:5/10/84(67) JGR:se:R:5/16/84 TLW:se:R:6/1/84