Administrative
Report
H.13., File # 23-6883 Meeting Date: 10/3/2023
To: MAYOR AND CITY COUNCIL
From: LUKE SMUDE, ASSISTANT TO THE CITY MANAGER
TITLE
ADOPT BY TITLE ONLY ORDINANCE NO. 3263-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, AMENDING TITLE 10, CHAPTER 2, SECTION 10 -2.1602 PERTAINING TO SERVICE STATIONS AND DETERMINING SUCH AMENDMENTS AS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FOR SECOND READING
AND ADOPTION
EXECUTIVE SUMMARY
At the September 19, 2023 City Council Meeting, the attached Ordinance authorizing general food sales, inclusive of beer and wine, at service stations in the inland zone was approved for adoption and first reading by a 4-1 vote. The Ordinance is now ready for consideration of second reading and adoption.
BACKGROUND
There are currently 11 service stations in the City of Redondo Beach, 9 of which are in the inland zone of the City. Prior to adoption of this Ordinance, service stations were only permitted to sell incidental convenience items for the immediate consumption of the motoring public. This class of goods includes soft drinks, candy, cigarettes, and other small items.
The Ordinance includes provisions required by Business and Professions Code (BPC) Section 23790.5, which sets minimum state standards as follows:
· No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler
· No advertisement of alcoholic beverages shall be displayed at motor fuel islands · No sale of alcoholic beverages shall be made from a drive-in window · No display or sale of beer or wine shall be made from an ice tub · No beer or wine advertising shall be located on motor fuel islands and no self- illuminated advertising for beer or wine shall be located on buildings or windows · Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age to sell beer and wine
Under California law, the City Council also has the discretion to implement additional regulations beyond what is required by the California BPC. Per City Council direction, the proposed Ordinance contains additional restrictions that will be applied by the City through the following Conditional Use Permit (CUP) requirements:
· The applicant shall comply with all conditions required by the Department of Alcoholic
H.13., File # 23-6883 Meeting Date: 10/3/2023
· The applicant shall comply with all conditions required by the Department of Alcoholic Beverage Control.
· Only beer and wine, not hard liquor, may be sold.
· The display area of alcoholic beverages may not exceed 25% of the retail space, nor may the display and storage areas be visible from entry of the retail establishment to the maximum extent possible.
· Coolers containing beer and wine shall be locked during hours alcohol is not sold. · Single serve/individual containers of alcohol shall be prohibited. · No advertising or signage indicating the availability of beer and wine shall be visible from the exterior nor from entry of the retail establishment to the maximum extent possible. · The proposed hours of operation for the use are to be complimentary to the business district in which the use is located, and will not negatively impact other uses. · No video or other electronic games shall be allowed on the premises. · Coolers containing alcohol shall remain locked until cashier verifies the customer is of age. · Shall a nuisance arise from general food sales including, but not limited to, pan-handling, public intoxication, and noise generation, such nuisance shall be the basis for the governing body to take any and all regulatory action up to and including revocation and the imposition of additional provisions and conditions to the Conditional Use Permit.
The attached Ordinance was approved via a 4-1 vote at the September 19, 2023 City Council meeting and is now presented for second reading and adoption. If adopted, the Ordinance will be advertised and be in full force and effect thirty (30) days after its final passage and adoption.
COORDINATION
This item was coordinated with the Community Development Department, City Manager’s Office, and the Police Department. The City Attorney’s Office prepared the Ordinance.
FISCAL IMPACT
There is no fiscal impact associated with the preparation of this item and the associated documentation. Any fiscal impacts associated with future CUP processing would be offset by fees collected by the City.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Ord - No. 3263-23 Amending RBMC Title 10, Chapter 2, Section 10-2.1602 - General Food Sales Service Stations Inland
· City Council Admin Report - September 19, 2023
· Maps - Service Stations and ABC Licenses-Citywide