2009-50 Off-Site Sales of Alcohol ORDINANCE NO. 2009-50
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE AMENDING
RIVERSIDE COUNTY LAND USE ORDINANCE NO. 348, SECTION 18.48, TO ADD
SECTIONS 18.48 (C )(4) and (5)(h) PROVIDING THAT CERTAIN OFF-SITE SALES OF
ALCOHOL (AT LIQUOR STORES, MINIMARTS AND SERVICE STATIONS) SHALL NOT BE
LOCATED WITHIN 500 FEET OF A SCHOOL, CHURCH, PARK OR PLAYGROUND AND
RESTRICTING THE NUMBER OF SUCH USES WITHIN A SINGLE SHOPPING CENTER
The City Council of the City of Menifee does ordain as follows:
Section 1. Findings
The City Council finds as follows:
(a) The City incorporated on October 1, 2008 and has adopted the Riverside County
ordinances by reference, specifically including Land Use Ordinance No. 348, while
the City develops its own land use and zoning ordinances.
(b) Section 18.48 of Ordinance No. 348 provides for uses which involve the off-site sale
of alcoholic beverages, i.e. those which are sold to be taken off-premises for
consumption.
(c) Section 18.48 provides for a number of development standards but does not address
proximity of such uses to schools, churches, parks or playgrounds or the number of
facilities which may be clustered within one shopping center.
(d) The staff and City Council have surveyed surrounding cities and have learned that
such cities limit the distance from schools and related uses to such off-sale alcohol
uses as well as limiting the number of such uses in a single shopping center.
(e) This ordinance is not intended to and does not deal with on-sale alcohol uses such
as cocktail lounges, bars or restaurants.
(f) This ordinance is not intended to and does not apply to grocery stores or drug stores.
(g) The City has duly considered the arguments for and against this restriction at a duly
noticed public hearing at which all those wishing to comment were heard; and
(h) The City Council has determined that the adoption of this ordinance is consistent
with the provisions of the Safe School Zone and supports the health, safety and
welfare of the community while providing reasonable restrictions for business
owners.
Ordinance No. 2009-50
Alcohol Uses near Schools
Section 2. Section 18.48 (d) is deleted in its entirety and readopted to read as
follows:
(d) RESTRICTIONS ON LIQUOR STORES, MINI-MARTS AND SERVICE STATIONS
SELLING BEER AND WINE
Notwithstanding anything in this Section to the contrary, the following restrictions shall
apply to liquor stores, mini-marts selling alcohol and service stations selling beer and
wine and to similar uses selling alcohol for off-site consumption which are not grocery
stores or drug stores:
(1) The nearest boundary of any such use shall not be located within 500 feet
of the nearest boundary of a public or private school, church (or similar facility for the
sole purpose of the exercise of religion), or public or private park or playground.
(2) There shall be only one such off-site use within any shopping center.
Section 3. Effective Date
This ordinance shall be effective 30 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED this 21St day of July, 2009, by the following vote:
AYES:
NOES:
ABSENT: Y1, �
ABSTAIN: 1 O)LU
Wallace W. Edgerton, Mayor
ATTEST:
Kathy Bennett, City Clerk
Approved as to form:
Elizabeth Marlyn, City Attorney
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