Ordinance - 1769ORDINANCE NO. 1769
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE WEST
COVINA MUNICIPAL CODE, CHAPTER 26, ARTICLE XI,
SECTION 26-297 AND ARTICLE XII AS THEY
RELATE TO THE SALE OF ALCOHOLIC BEVERAGES
IN ESTABLISHMENTS NOT CLASSIFIED AS A BONA
• FIDE EATING PLACE AS DEFINED IN THE BUSINESS
AND PROFESSIONS CODE, SECTION 23038.
(Amendment No. 214)
The City Council of the City of West Covina, California,
does ordain as follows:
Section No. 1: Chapter 26, Article XI, Section 26-597 of
the West Covina Municipal Code is hereby amended by adding "major
hotel and major motel alcoholic beverage service" to read as
follows:
Major hotel and
major motel
alcoholic beverage
service (see Article
Division 15)
M
M
M
M
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F
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F
0
N
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M
I
A
P
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A
l
8
15
20
45
P
C
C
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2
3
1
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XII,
Section No. 2: Chapter 26, Article XII of the West Covina Municipal
Code is hereby amended by adding Division 15 to read as follows:
Division 15. Major Hotel/Major Motel Alcoholic Beverage Service
Section 26-685.100 - Purpose
The purpose of this division is to provide for the establishment and
operation of alcoholic beverage services at major hotels and major
motels that do not have a bona fide food service facility, and to do
so in accordance with certain requirements designed to insure
compatibility of such services with surrounding business and
residential development.
Section 26-685.102 - Definitions
a. "Bona fide eating place" means or is an eating place as defined
in Section 23038 of the California Business and Professions
Code.
b.- "Defined area" means or is an area enclosed by walls or theater
type stanchions and cordons. The area shall be enclosed to the
point that extry/exit openings are defined well enough to
monitor people going in or out.
C. "Guest/guests" means or is a person or group of people lodging
at, or engaged in the hiring of a conference room, banquet room
. or ballroom of a hotel or motel.
Page 2
d. "Major hotel" means or is a hotel as defined in Section 26.69 of
the West Covina Municipal Code that has a minimum of 100 rooms
or suites, and has conference rooms, banquet rooms or ballrooms
available for hire by the public.
e. "Major motel" means or is a motel as defined in Section 26-87 of
the West Covina Municipal Code that has a minimum of 100 rooms
• or suites, and has conference rooms, banquet rooms or ballrooms
available for hire by the public.
f. "Potential guest/guests" means or is a person or group of people
reserving or inquiring about reserving lodging at, or the use of
a conference room, banquet room or ballroom of a hotel or motel.
Section 26-685.104 - Development Standards
a. Alcoholic beverages may be served to guests by major hotels or
major motels that do not have a bona fide food service facility,
only in the zones specified for "major hotel and major motel
alcoholic beverage service" in Section 26-597 of this chapter.
b.- Prior to operating an alcoholic beverage service, an "on -sale
general public premises" type license authorizing the sale of
the type of alcoholic beverage to be served, shall be obtained
by the major hotel or major motel.
C. Prior to the establishment of an alcoholic beverage service in a
major hotel or major motel that does not have bona fide food
service facility, an unclassified use permit shall be obtained
(as specified in Article VI, Division 3, of this chapter.
d. An exact "defined area" shall be indicated on the study plan of
the unclassified use permit, to indicate the only place in the
building where alcoholic beverages may be served.
e. The character of the defined area shall remain the same during
and after the hours of operation.
f. The time of operation shall be limited to between 3:00 p.m. and
10:00 p.m., and shall not exceed three hours per day. The exact
hours of operation shall be included in the conditions of
approval for the unclassified use permit.
Section 26-685.106 - Conditions of Approval Of An Unclassified Use
Permit For An Alcoholic Beverage Service.
a. Review of the operation permitted by the unclassified use permit
is required every six (6) months for a period of two (2) years,
beginning on the date of the start of operation of the use, and
once a year thereafter.
b: The unclasified use permit shall become null and void upon
transfer of ownership or any other interest in the use
permitted.
c. The unclassified use permit may be revoked, amended and
suspended by the Planning Commission under the provisions of
Section 26-253 of the West Covina Municipal Code.
d. Licenses and permits as required in Chapter 14 of the West
• Covina Municipal Code shall be obtained prior to the start of
the operation of the use.
Page 3
e. The location of the "defined area", for serving alcoholic
beverages, as shown on Study Plan "A", shall not be changed
without a revision to this unclassified use permit.
f. The hours of operation of the alcoholic beverage service shall
be limited to between p.m. and p.m., and shall not
be changed without a revision to this unclassified use permit.
• g. Room service for alcoholic beverages is prohibited.
h. No person under 21 years of age shall be permitted in the
defined area at any time. The defined area shall have signs
posted to that effect.
i. Alcoholic beverages may be served complimentary or sold to
guests, and shall be available for sale to the general public
during the hours of operation.
j. Outdoor signs advertising the alcoholic beverage service are
prohibited.
k. The alcoholic beverage service shall not be advertised to the
general public, but guests and potential guests may be informed
of the service.
1. Such other conditions as deemed by the Planning Commission to
reasonably relate to the purpose of this division.
Section No. 3: The City Council finds and determines that
said Amendment to the Municipal Code is a minor modification to the
City's Zoning Ordinance and is, therefore, categorically exempt
(Class 5) from the requirements of the California Environmental
Quality Act of 1970 (CEQA).
Section No. 4: The City Clerk shall certify to the
passage of this Ordinance and shall cause the same to be published
as required by law.
PASSED AND APPROVED this 22nd day of _ February , 1988.
ATTEST:
•
City Cle
Mayor
Page 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF WEST COVINA )
I, Helene M. Mooney, City Clerk of the City of West Covina, do here-
by certify that the foregoing Ordinance No. 1769 was regularly in-
troduced and placed upon its first reading at a regular meeting of
the City Council on the 8th day of February , 1988. That,
thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 22nd day of February ,
1988, by the following vote, to wit:
AYES: Councilmembers: Tennant, Bacon, Manners, Chappell
NOES: Councilmembers: None
ABSENT: Counci lmember: Shearer
APPROVED AS TO FORM:
,4�t ��
City Attorney
0
City C1 rk
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. / 7 4 1 was published, pursuant to law, in the San
• Gabriel Valle Tribune a newspaper of general circulation y �g n published
and circulated in the City of West Covina.
V /' A' 0,
Janet Berry, City Clerk
City of West Covina, Ca ornia
DATED: S .!�