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Home My WebLink AboutMINUTES - 04221986 - X.1 X I T6: BOARD OF SUPERVISORS FROM: Supervisor Nancy Fanden Contra Costa April 22, 1986 DATE: County SUBJECT: Concurrent Sales of Alcohol and Gasoline SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION• That County Counsel be requested to draft an ordinance similar to the ones recently proposed by the cities of Orinda and Lafayette and the Town of Moraga, prohibiting the concurrent sales of alcohol and gasoline. Alameda County passed an ordinance on September 18, 1984. Copies of ordinances attached. BACKGROUND: Recently the Orinda City Council presented an urgency ordinance, Ordinance No. 85-10 . During the time the area was unincorporated and subject to the jurisdiction of Contra Costa County, the County issued various land use permits for the conduct of automobile service stations on certain parcels of property within the area now incorporated as the City of Orinda. The County Ordinance Code does not prohibit the sale or dispensing of alcoholic beverages from an automobile service station and it is not clear whether or not explicitly the sale of alcoholic beverages is prohibited under the land use regulations applicable to service stations and under which service station uses were initiated within Orinda. The City Council finds that it is contrary to the public health, safety and welfare to make alcoholic beverages available for sale and use at an automobile service station. The Lafayette City Council introduced Ordinance No. 351 - adding new section 8-505 to Chapter 5 of Title 8 of the Municipal Code to Prohibit Sale of Alcoholic Beverages at Gasoline Service Stations, on 'their agenda of April 14, 1986. The Moraga Town Council introduced Ordinance No. 107 on January 15, 1986 . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON April 22 , 1986 APPROVED AS RECOMMENDED Y OTHER Requested that the draft ordinance be submitted to the Board on May 20, 1986 . VOTE OF SUPERVISORS X UNANIMOUS (ABSENT --- ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: April 22 ATTESTED , 1986 County Counsel J.R. OLSSON. COUNTY CLERK County Administrator AND EX OFFICIO CLERK OF THE BOARD Mee2/7-93 BY d.'� `�7�F'� DEPUTY BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: Adopting as an Urgency Measure ) ORDINANCE NO. 85-10 Zoning Regulations Which Pro- ) hibit the Sale of Alcoholic ) Beverages at Automobile Service ) Stations ) The City Council of the City of Orinda DOES ORDAIN as follows : SECTION 1. It is unlawful to sell or dispense alco- holic beverages at a business location which also operates as a gasoline service station on or after July 9, 1985 . SECTION 2. Penalty. A person who violates this ordinance is guilty of a misdemeanor and is punishable by a fine of not more than $1000 .00 or by imprisonment in a county jail for not more than 6 months , or both. Each person is guilty of a separate offense for , each and every day during any portion of which the violation of this code is committed, continued, or permitted by that person. SECTION 3. A Declaration of Intent to Supersede Pro- visions of the County Ordinance Code. By the terms of Ordinance No. 85-1 adopted under Govern- ment Code section 35448 , each county ordinance applicable before incorporation remains in full force and effect as a city ordinance for a period of 120 days or until the City Council enacts an ordinance superseding the county ordinance. 1 To the extent that this ordinance changes the provisions of the County Ordinance Code continued in effect by Ordinance No. 85-1, this ordinance supersedes those provisions . SECTION 4. Urgency in Taking Effect. This ordinance is an urgency ordinance. The facts constituting the urgency are these : The City of Orinda became incorporated on July 1, 1985. During the time the area was un- incorporated and subject to the jurisdiction of Contra Costa County , the County issued various land use permits for the conduct of automobile service stations on certain parcels of property within the area now incorporated as the City of Orinda. The County Ordinance Code does not prohibit the sale or dispensing of alcoholic beverages from an automobile service station and it is not clear whether or not explicitly the sale of alcoholic beverages is prohibited under the land use regulations applicable to service stations and under which service station uses were initiated within Orinda. The City Council finds that it is contrary to the public health, safety and welfare to make alcoholic beverages available for sale and use at an auto- mobile service station. Unless this ordinance takes effect immediately , it is possible that a service station (relying on ambiguities in the County Ordinance Code) could initiate the sale of alcoholic beverages. SECTION 5. Taking Effect. This ordinance takes effect immediately. 2 SECTION 6. Posting. Within fifteen (15) days after the passage of this ordinance, the City Clerk shall cause it to be posted in three (3) public places designated by resolution of the city council . The foregoing ordinance was introduced and adopted at a meeting of the City Council of the City of Orinda held on j7oy , 1985, by the following vote : AYES: DABEL, GUIDOTTI, HARB, HEGGIE, LANDERS NOES: PONE ABSENT: NONE MAY'OR - CHA . HEGGIE ATTEST: CITY CLERK _ OWARD L. REESE 3 BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: Adding New Section (Section 8-505) ) to Chapter 5 (miscellaneous offenses) ) of Title 8 (Public Welfare Morals and ) Safety) of the Municipal Code to Pro- ) hibit Sale of Alcoholic Beverages at ) Gasoline Fueling Stations ) The City Council of the City of Li SECTION 1. A new Section 8-505 is added to Chapter 5 (miscella- neous offenses) of Title 8 (Public Welfare, Morals and Safety) of the Lafayette Municipal Code to read as follows: "CHAPTER 5 ALCOHOLIC BEVERAGES Section 8-505. Sale Prohibited at Gasoline Fueling Stations No -person may sell or dispense alcoholic beverages at a business .location which also operates as a gasoline fueling station. " SECTION 2. Publication. Within fifteen days after its passage the City Clerk shall have this ordinance published once in a newspaper of general circulation, published and circulated in the City, and shall have it posted in the three (3) public places designated by Resolution of the City Council . SECTION 3. Effective Date. This ordinance becomes effective thirty (30) days after its adoption. The foregoing ordinance was introduced at a meeting of the City Council held on March 10, 1986, and was adopted and ordered published at a meeting of the City Council held on 1986, by the following vote: J 4. BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA In the Matter of: Adding New Chapter 5 to Title 12 (Safety ) ORDINANCE NO. 107 and Welfare) of the Municipal Code to } Prohibit Sale of Alcoholic Beverages at ) Gasoline Service Stations } The Town Council of the Town of Moraga DOES ORDAIN as follows: SECTION 1. A new Chapter 5, Alcoholic Beverages, is added to Title 12 (Safety and Welfare) of the Moraga Municipal Code to read as follows: "Chapter 5 ALCOHOLIC BEVERAGES Section 12-501. Sale Prohibited at Gasoline Service Stations. No person may sell or dispense alcoholic beverages at a business location which also operates as a gasoline service station." SECTION 2. Publi-cation.. Within fifteen .days--after its passage, the Town Clerk shall have this ordinance published once in a newspaper of general circulation, published 'and circulated in the Town, and shall have it posted in the three (3) public places designated by Resolution of the Town Council . SECTION 3. Effective Date. This ordinance becomes effective thirty (30) days after its adoption. The foregoing ordinance was introduced at a meeting of the Town Council held on January 15, 1986, and was adopted and ordered published at a meeting of the Town Council held on 1986, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: Town C erk r `. M•Y*-Nos rs+�t x*n..�,... .'.+;{I _ r,«..,.a�•rrw.a+AtCxAd t3•'Ji>.F 'r ORDINANCE 1110:`TA84-9f • too tic•,t tali Ma: -�y_''t t .y.;y wraFi1 i vl 14 b-bi..q w yaw-:s{.tLOgtl�l0[, su$s f spilt 0.6Nr1 0—) AN ORDINANCE AMENDING SECTIONS 8-854 end 4- 5.� V,+rp++;a�Ala'J-W*' OF THE ALAMEDA COUNTY-ORDINANCE-CODEM�-w�-�1(��y+7.►M r+++ RELATING TO SERVICE STATIONS AND THE SALE OF ALCOHOLIC BEVERAGES The Board of Supervisors of the County of Alameda,State of California,do ordain as follows, SECTION I Sectio: 8-65.2 of the Ordinance Code of the County of Alameda is amended to toads 8-65.2 SERVICE STATION TYPE At ACCESSORY USES. Uses accessory to Service Station Type A may Include minor servicing of brakes j said electrical equipment,the focusing of headlamps by adjustment,battery s changing and the cleaning, adjustment and replacement of lights, spark" plugs, distributor points and fan heats. The following accessory tees are prohibiteds Sale of any alcoholic beverage;.repair or reconditioning of the chassis, the engine, the body or the fenders of a motor vehicle; battery repair or rebuilding)valve grinding; welding, tire recapping; body painting; steam cleaning; car washing with mechnneial equipment;upholstery repair or replacement; or the display outside a building of used vehicles, parts, parts of vehicles or tires for sale. SECTION 13 Section 8-65.3 of the Ordinance Code of the County of Alameda Is amended to road: 8-65.3 SERVICE STATION TYPE B. Wherever a Service Station Type 8 is permitted by the District Regulations, the tees and restrictions set forth'in Section 6-65.1 and 8-65.2 are modified to the following extents Accessory Uses may also Include services and repair facilities not prohibited by the general regulations of the District within which the station is located; provided, however, such accessory uses shall not Include the We of any alcoholic beverage. sECTION BI This Ordinance shall take effect and be In force thirty(30)days from and after the date of Its passage and before the expiration of fifteen(15)days after Its passage It shall be published once with the-names of the members voting for and against the same in The Inter-City Express,a newspaper published In the said County of Alameda. Adopted by the Board of Supervisors of the County of Alameda,State of California, on the J=day ofF;� }s�EG . LQ Q .by the following called vote: AYES: Supervisors Sort, Cooper, Excell, Santana and Chairman George - S NOES: Supervisors Mone HECIISED: Supervisors Mone nonan o e o upervnsors o County of Alameda,State of California t ATTEST: WILLIAM MEHRWEIN,Clerk of the Board of Supervisors,County of Alameda,State of California layt i w f