95.3.43 GASOLINE STATIONS SELLING ALCOHOLIC BEVERAGES FOR OFFPREMISES CONSUMPTION. (Added by O-3247)
a) A conditional use permit shall be required for the sale of beer and wine at gasoline service stations for off-premises consumption.
b) "Gasoline service station" shall mean any business which sells, vends or distributes motor vehicle fuel, alone or in conjunction with any other land use. c) Any conditional use permit issued pursuant to the provisions of this section shall become void, and any use of premises for off-sale beer and wine sales establishment shall terminate, where such establishment shall have ceased the sale of beer and wine by reason of the termination or revocation of the State off-sale beer and wine license therefor or the suspension by the State of sales thereunder for a period of ninety (90) or more calendar days. d) No conditional use permit shall be granted unless all of the following conditions shall be satisfied:
1) Only beer and wine, not hard liquor, may be sold.
2) The minimum enclosed retail sales area for store products shall be one thousand (1,000) square feet.
3) The minimum inventory level shall be Ten Thousand Dollars ($10,000.00) retail value excluding beer, wine, fuel and automotive products.
4) The maximum percentage of beer and wine sales to total store sales shall be thirtyfive (35) percent on a retail basis during any calendar quarter. 5) No displays of beer and wine shall be located within five (5) feet of the store’s entrance or cash register.
6) Cold beer or wine shall only be sold from, or displayed in, the main permanently affixed electrical coolers.
7) No beer or wine advertising shall be located on gasoline islands, and no lighted advertising for beer or wine shall be located on buildings or in windows. 8) No sales of beer or wine shall be made from a drive-in window. 9) Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. must be at least twenty-one (21) years of age to sell beer and wine.
10) No video or other electronic games shall be allowed on the premises. e) The proposed gasoline station selling beer and wine for off-premises consumption shall be a minimum of three hundred (300) feet from existing off-sale liquor establishments, unless the applicant can demonstrate to the reasonable satisfaction of the Planning Commission that:
1) The proposed off-sale beer and wine sales are a necessary adjunct to the business; and
2) A need exists for additional off-sale beer and wine premises at the location proposed by the applicant.
f) This section shall apply to all gasoline service stations seeking to sell beer and wine for offpremises consumption as part of their normal business after January 19, 1989. Any gasoline service station selling beer and wine for off-premises consumption operating prior to January 19, 1989 shall be exempt from the provisions of this section. g) The filing of the application for a Conditional Use Permit shall be governed by Section 95.2.1 of this Code. The procedures for notice of a hearing, conduct of a hearing, and opportunities for all parties to present testimony shall be governed by Section 95.2.2 of this Code.
h) The decision of the Planning Commission shall be issued in conformance with the procedures set forth in Section 95.2.3 of the Torrance Municipal Code. In addition to those procedures, the Planning Commission shall issue written findings upon its decision to grant or deny a Conditional Use Permit. Such findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision.
i) The decision of the Planning Commission may be appealed to the City Council pursuant to Section 95.2.4 and the provisions of Article 5, Chapter 1, Division 1 of this Code, commencing at Section 11.5.1
Torrance Municipal Code Section 95.3.43
Redondo Beach City Council
February 21, 2023
- Document
- Torrance Municipal Code Section 95.3.43
- Meeting
- February 21, 2023
- Body
- Redondo Beach City Council
- Original file
- 133 KB
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