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HomeMy WebLinkAbout548 - Ordinances ORDINANCE NO. 548 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING'A NEW CHAPTER 9.28 TO THE RANCHO CUCAMONGA MUNICIPAL CODE ESTABLISHING DEFINITIONS AND REGULATIONS PERTAINING TO CONVENIENCE FOOD STORES. A. Recitals. 1. The purpose of this Ordinance is to reduce the number of homicides and robberies at Convenience Food Stores. This Council hereby declares its intent: a. To establish an environment that will minimize or eliminate a significant number of incidents of homicide and/or robbery; and b. To promote the public health, safety, and welfare of the employees and customers of Convenience Food Stores. 2. On August 23, 1994, a public workshop was conducted to obtain public input. 3. On July 26, 1995, the Planning Commission conducted and concluded a duly noticed public hearing concerning the subject amendment to the Municipal Code. 4. On August 16, 1995, the City Council conducted and concluded a duly noticed public hearing concerning the subject amendment to the Municipal Code. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga, California hereby ordains as follows: Ordinance No. 548 Page 2 SECTION 1: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The Rancho Cucamonga Municipal Code is hereby amended to add a new Chapter 9.28, to read, in words and figures, as follows: Chapter 9.28 CONVENIENCE FOOD STORES. Sections: 9.28.010 Definitions. 9.28.020 Regulations. 9.28.010 Definitions. The following terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: A. "Convenience Food Store" is a business establishment that: 1. Derives 50 percent or more of its gross income, excluding motor fuels, from the sale of goods, merchandise, or other articles of value in their original containers; and 2. Offers a limited quantity and variety of food, household, and sundry items; and 3. Operates at any time between the hours of 8:00 p.m. and 4:00 a.m.; and 4. Does not sell or have for sale prescription drug items. B. "Owner" is the person, corporation, partnership, joint venture, or other group enterprise having lawful possession of the premises upon which the Convenience Food Store is operated. C. "Employee" is the person, corporation, partnership, joint venture, or group enterprise legally responsible for the day-to-day operation of the Convenience Store. Ordinance No.' 548 Page 3 9.28.020 Regulations. All Convenience Food Stores shall comply with the following regulations: A. Install a security camera of a type and number approved by the City Manager or his designee. Said camera must be capable of producing a retrievable image on film or tape that can be made a permanent record and that can be enlarged through projection or other means. Cameras meeting the requirements of this section shall be maintained in proper working order at all times and shall be subject to periodic inspection by the City Manager or his designee. Convenience Food Stores open and operating, as of the date of adoption of this Ordinance, have 12 months from the adoption of this Ordinance to comply with this section. SECTION 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 6th day of September, 1995. AYES: Alexander, Biane, Curatalo, Gutierrez, Williams NOES: None ABSENT: None ' William J. Alextnder, M~yor Ordinance No. 548 Page 4 ATTEST: ' "" '.'/>A aebra J city I, DEB~ J. ADAMS, CI~ CLERK of the City of Rancho Cucamonga, California, do hereby cedify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the 16th day of August, 1995, and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of September 1995. Executed this 7th day of September 1995, at Rancho Cucamonga, California. Debra J. Adam, CMC, City Clerk