City of Hermosa Beach
ORDINANCE NO. 15-1350
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 17 (ZONING) RELATING TO THE DEFINITION, STANDARDS AND/OR ENFORCEMENT PROVISIONS FOR RESTAURANTS AND ON-SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS INCLUDING THE FOOD TO ALCOHOL SALES RATIO
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AND ORDER AS FOLLOWS:
SECTION 1. The definition of “restaurant” in the alphabetical list of definitions in Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows:
“Restaurant” means a bona fide public eating establishment (1) whose primary function is the sale or offering for sale of prepared food during all hours it is open for business, and (2) that prepares food on-site in a kitchen capable of refrigerating and preparing food from its component ingredients.
SECTION 2. Section 17.40.080 of Chapter 17.40 of Title 17 of the Hermosa Beach Municipal Code is amended by adding a new subsection C to read as follows:
- Restaurants with on-sale alcoholic beverages. Any “restaurant” as that term is defined in Section 17.04.050 that sells, serves or allows on-sale alcohol beverages shall comply with the following:
- If open after 11:00 p.m., the restaurant shall make available to customers and serve prepared food items of their choice until sixty (60) minutes prior to the close of business.
- The restaurant shall maintain sales reports showing the actual items sold and price charged and invoices for all food, non-alcoholic beverages and alcohol beverages sold for the prior twelve (12) months. Should the Planning Commission or City Council initiate a CUP modification or revocation proceeding under Section 17.70.010, the Commission, or the Council, may at its discretion require the subject business to provide (1) a statement of the percentage of gross sales, computed monthly, that resulted from the sale of prepared food for not longer than the prior twelve (12) months; and (2) the supporting data upon which the percentage is based. The Planning Commission, or City Council, may also require an audit of the records of the business by a certified public accountant to determine the gross sales of food and alcohol or a forensic audit by a qualified auditor selected by the City of the information and data systems by which the information is produced. The results of these audits may be used to determine whether the grounds for modification or revocation exist. When considering revocation or modification under Section 17.70.010(H), a restaurant that sells or provides on-sale alcoholic beverages will be presumed to be operating as a restaurant if the monthly food to alcohol sale ratios are consistent with the ratios in Section 17.70.010(H).
SECTION 3. Section 17.70.010 of Chapter 17.70 of Title 17 of the Hermosa Beach Municipal Code is amended by adding a new subsection H to read as follows:
- For a restaurant with on-sale alcoholic beverages, the business is not operating as a restaurant because the primary function of the operation is the sale or offering for sale of alcoholic beverages and not the sale or offering for sale of food. A food to alcohol sales ratio provides a quantitative tool to help evaluate whether the business is operating as a restaurant whose primary function is the sale or offering for sale of food, as opposed to a business whose primary purpose is the sale of alcoholic beverages. For purposes of determining whether this finding can be made, an on-sale restaurant that maintains a minimum of fifty (50) percent of the total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant. An on-sale restaurant that does not meet these percentages has the burden of demonstrating that it operates as a restaurant, as that term is defined in 17.04.050. Refusal to provide the information requested under this paragraph within sixty (60) days shall be deemed prima facie evidence that the business is not operating as a restaurant.
SECTION 4. The project is exempt from the Environmental Quality Act per Section 15061(b)(3) of Title 14 of the California Code of Regulations on the basis that the amendment is minor in nature and makes essentially administrative changes to the definition of restaurant and clarifies the manner in which on-sale establishments may operate, and which do not affect the potential, location, number, or intensity, or have the potential for any physical effects relating to these uses as the result of the project.
SECTION 5. This Ordinance shall become effective and be in full force and in effect from and after thirty (30) days of its final passage and adoption.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation, and circulated in the City of Hermosa Beach in the manner provided by law.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 24th day of March, 2015 by the following vote:
AYES: DiVirgilio, Petty, Mayor Tucker
NOES: Barragan, Fangary
ABSENT: None
ABSTAIN: None
Peter Tucker
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST:
Elaine Doerfling
City Clerk
APPROVED AS TO FORM:
Michael Jenkins
City Attorney
Easy Reader Inc/Redondo Beach News/April 2, 2015/HD15-026
City of Hermosa Beach
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the City Council of the City of Hermosa Beach will hold a public hearing on Tuesday, April 14, 2015, to consider the following:
- Amendment to the Outdoor Dining Design and Operational Standards for Pier Plaza per Municipal Code Chapter 12.16 (Encroachments) and determination that the project is Categorically Exempt from the California Environmental Quality Act.
(Community Development Department, Tel: 310-318-0242, or Email: yting@hermosabch.org)
SAID PUBLIC HEARING shall be held at 7:30 P.M., or as soon thereafter as the matter may be heard in the City Hall Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254.
ANY AND ALL PERSONS interested are invited to participate and speak at this hearing at the above time and place. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the department(s) listed with the item, in care of City Hall at 1315 Valley Drive, Hermosa Beach, CA 90254 prior to Tuesday, April 7, 2015, at 12:00 noon. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter.
IF YOU CHALLENGE the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the above-listed department(s) prior to or at the public hearing.
FOR FURTHER INFORMATION, please contact the department(s) listed above. A copy of the staff report(s) in the City Council packet will be available for public review at the end of the business day on Thursday, April 9, 2015 at the Hermosa Beach Library, Police Department and on the City’s website at www.hermosabch.org. Relevant Municipal Code sections are also available on the website.
Elaine Doerfling
City Clerk
Easy Reader Inc/Redondo Beach News/April 2, 2015/HD15-027
City of Hermosa Beach
SUMMARY OF ORDINANCE NO. 15-1349
Ordinance No. 15-1349 amends the Hermosa Beach Municipal Code to allow outdoor retail sales/displays on Pier Plaza (including Loreto Plaza) subject to an encroachment permit. The ordinance allows retail sales/display areas within 13-foot deep encroachment areas adjacent to ground floor retail businesses on Pier Plaza, with a 5-foot deep retail area allowed adjacent to businesses that have only a Loreto Plaza frontage. A 13-foot depth on Pier Plaza is consistent with that permitted for outdoor dining establishments. The new standards allow encroachment areas for retail businesses such as apparel, beach-related retail and surfboards, and similar retail items that appeal to a wide segment of the community. The ordinance does not allow encroachment areas for certain types of businesses, including food and beverage sales and beach rental equipment. The outdoor retail sales/displays are only permitted between 7:00 a.m. to 11:00 p.m. and are subject to operational and design standards. A full copy of Ordinance No. 15-1349 is available for review in the City Clerk’s office.
PASSED, APPROVED and ADOPTED this 24th day of March, 2015 by the following vote:
AYES: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
Peter Tucker____
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST:
Elaine Doerfling
City Clerk
APPROVE AS TO FORM:
Michael Jenkins
City Attorney
Easy Reader Inc/Redondo Beach News/April 2, 2015/HD15-028