HomeMy WebLinkAboutORDINANCES - 04221986 - 86-10 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Futter 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
i
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 Tni y 1 1985, by the following vote :
AYES: DABEL, GUIDOTTI, HARB, HEGGIE, LANDERS
NOES: NONE
ABSENT: NONE
OR - CHA . HEGGIE
ATTEST:
CITY CLERK _ OWARD L. REESE
3