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HomeMy WebLinkAbout2003-10 - Newport Beach Approving an Amendment Title 20 of the Newport Beach Municipal Code Relating to the Sale and Storage of Alcoholic Beverages [Code Amendment 2003-004].ORDINANCE NO. 2003 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE SALE AND STORAGE OF ALCOHOLIC BEVERAGES [CODE AMENDMENT 2003 -004] WHEREAS, the problems the City of Newport Beach has experienced in West Newport during the Independence Day holiday are attributed, in part, to the heavy consumption of alcohol beverages; and WHEREAS, fora number of years, some alcohol beverage outlets brought in large trucks or temporary storage areas that have resulted in increased sales of alcoholic beverages; and WHEREAS, the increased sale of alcohol beverages has had a negative impact on the overall conditions that exist on the days surrounding the Independence Day holiday; and WHEREAS, the Alcoholic Beverage Outlet ordinance (Chapter 20.89, NBMC) development and operational regulations should be revised to prohibit all off -sale alcoholic beverage outlets from selling or storing alcoholic beverages outside of the exterior walls of the establishment; and WHEREAS, on April 17, 2003, the Planning Commission of the City of Newport Beach held a duly noticed public hearing regarding this code amendment; and WHEREAS, the Planning Commission voted unanimouslyto recommend approval of this code amendment to the City Council; and WHEREAS, on May 27, 2003, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this code amendment; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS 11i7111111[iIT1,W] SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to revise Section 20.89.050 as provided in Exhibit "A." SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on May 13, 2003, and adopted on the 27th day of May 2003, by the following vote, to wit: AYES, COUNCIL MEMBERS Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS Adams ATTEST: CITY CLERK N EXHIBIT A Proposed Revisions to Chapter 20.89 20.89.050 Development and Operational Regulations A. Applicability. The regulations of Section 20.89.050 (B) shall apply to all off - sale alcoholic beverage outlets. The regulations in tkais Section 20.89.050 (C) shall apply to any new alcoholic beverage outlet and to any existing alcoholic beverage outlet meeting any of the criteria specified in Section 20.89.030 (A). B. Sale and Storage. Off -sale alcoholic beverage outlets shall be prohibited from selling or storing alcoholic beverages outside of the exterior walls of the establishment from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th each year. C. Development and Operational Regulations. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2003 -10 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th day of May 2003, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Proctor, Ridgeway, Webb, Nichols, Mayor Bromberg Noes: None Absent: Adams Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of May 2003. (Seal, City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2003 -10 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: May 31, 2003. In witness whereof, I have hereunto subscribed my name this; �/` day of 2003. City Clerk City of Newport Beach, California