Article 3 — Concurrent Sale of Alcoholic Beverages and Motor Vehicle Fuel — Costa Mesa Zoning Code

§ 13-146. Purpose. ¶

The purpose of this article is to establish the processing procedures and development standards for the concurrent sale of alcoholic beverages and motor vehicle fuel.

(Ord. No. 97-11, § 2, 5-5-97)

§ 13-147. Conditional use permit required; exception. ¶

It is unlawful to sell any alcoholic beverage on the same building site where motor vehicle fuel is sold unless the concurrent sale of alcoholic beverages and motor vehicle fuel is specifically allowed by a conditional use permit issued for the site. This requirement shall not apply where the dispensing and sale of motor vehicle fuel is separated by at least 300 feet from the building where alcoholic beverages are sold.

(Ord. No. 97-11, § 2, 5-5-97)

§ 13-148. Procedure. ¶

A conditional use permit for concurrent sales of alcoholic beverages and motor vehicle fuels shall be granted or denied by the planning commission pursuant to the procedures set forth in Chapter III, Planning Applications. (Ord. No. 97-11, § 2, 5-5-97)

§ 13-149. Conditions, discretionary. ¶

A conditional use permit may be granted if the requirements of Chapter III, Planning Applications, are satisfied, and may be made subject to conditions as the final review authority may deem desirable to protect the public health, safety, or general welfare. The conditions may include, but shall not be limited to, the following:

(a) Compliance with applicable development standards and other applicable ordinance requirements.
(b) Specification of the hours when the business may be in operation.
(c) Any other conditions generally applicable to conditional use permits for automobile service stations.

(d) Any conditions needed to mitigate potential adverse environmental effects of the use. (Ord. No. 97-11, § 2, 5-5-97)

§ 13-150. Conditions, mandatory. ¶

The following conditions shall be imposed on all conditional use permits granted pursuant to this article:

(a) As of January 1, 1988, no alcoholic beverage shall be displayed within five feet of the cash register or the front door unless it is in a cooler which was permanently affixed prior to January 1, 1988.
(b) No sale of alcoholic beverages shall be made from a drive-in window.
(c) No alcoholic beverages shall be sold or displayed outdoors.
(d) No display or sale of alcoholic beverages shall be made from an ice tub.
(e) No alcoholic beverage advertising shall be located on motor fuel islands, and no self-illuminated advertising for alcoholic beverages shall be located on buildings or windows.
(f) Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell alcoholic beverages. (Ord. No. 97-11, § 2, 5-5-97)

§ 13-151. Application to existing businesses. ¶

Any business actually and lawfully engaged in the sale of alcoholic beverages and motor fuel from the same site before August 17, 1988 shall be permitted to continue to do so, subject to all applicable provisions of state law and this Code, and subject to all conditions of the conditional use permit(s) issued for the site; provided, however, that after January 1, 1990, such businesses shall also comply with all the conditions set forth in section 13-150 , Conditions, mandatory. (Ord. No. 97-11, § 2, 5-5-97)