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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />ORDINANCE NO. 0-08-18 <br />AN ORDINANCE OF THE CITY COUNCIL OF <br />THE CITY OF COLTON ADDING CHAPTER <br />18.47 TO TITLE 18 OF THE COLTON <br />MUNICIPAL CODE GRANTING DEEMED <br />APPROVED STATUS TO EXISTING, NON- <br />CONFORMING ON -SALE AND OFF -SALE <br />ALCOHOLIC BEVERAGE ESTABLISHMENTS <br />AND IMPOSING CERTAIN PERFORMANCE <br />STANDARDS <br />WHEREAS, the citizens of the City of Colton ("City") have complained to <br />the Colton Police Department about unruly and dangerous behavior, loitering, graffiti, <br />and escalated noise levels in and around many establishments selling alcoholic <br />beverages; and <br />WHEREAS, since January 19, 2010, Colton Municipal Code, Section <br />18.48.140 requires the approval of a conditional use permit before any establishment <br />may sell alcoholic beverages for on-site or off-site consumption; and <br />WHEREAS, there are many establishments selling alcoholic beverages <br />that do not conform with Colton Municipal Code Section 18.48.140 because they were <br />in lawful existence prior to the date that section became applicable and as a result these <br />establishments tend to generate a disproportionate amount of public nuisance service <br />calls from the Colton Police Department; and <br />WHEREAS, "deemed approved" alcohol ordinances have been upheld <br />by the California Supreme Court as being within a city's police power and provide the <br />following benefits: <br />A. To protect residential, commercial, industrial and civic areas from the <br />harmful effects attributable to the sale of alcoholic beverages and minimize the adverse <br />impacts of nonconforming and incompatible uses; <br />B. To provide opportunities for alcoholic beverage sales establishments to <br />operate in a mutually beneficial relationship to each other and to other commercial and <br />civic services; <br />C. To provide mechanisms to address problems associated with the <br />public consumption of alcoholic beverages such as litter, loitering, graffiti, unruly <br />behavior, violence, vandalism, and escalated noise levels; <br />D. To provide that alcoholic beverage sales establishments are not to <br />become the source of undue public nuisances in the community; <br />E. To provide for properly maintained alcoholic beverage sales <br />23152.06000\30617514.1 <br />