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O-08-18 Adding chapter 18.47 to title 18 of the Colton Municipal Code grqnting deemed approved status to existing non-confirming on-sale and off-sale alcoholic beverage establishments.
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O-08-18 Adding chapter 18.47 to title 18 of the Colton Municipal Code grqnting deemed approved status to existing non-confirming on-sale and off-sale alcoholic beverage establishments.
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7/5/2018 2:13:02 PM
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7/5/2018 2:11:55 PM
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City Clerk
Agenda Type
City Council
CC - Doc Type
Ordinance
Date
6/5/2018
Ordinance No.
O-08-18
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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 />public health and safety of the surrounding neighborhood, the planning commission <br />may suspend, modify or revoke the activity's deemed approved status. If suspended, <br />any continued operation of the business shall require a conditional use permit <br />approved by the planning commission. All determinations, decisions, and conditions <br />made or imposed regarding the use of a deemed approved activity shall run with the <br />land. <br />G. The decision of the planning commission shall be final and conclusive, <br />unless appealed in accordance with the provisions of Chapter 18.58 of this title. <br />18.47.110 Appeals. <br />Any applicant or other person aggrieved by a decision of the planning <br />commission from a suspension, modification or revocation of an establishment's <br />deemed approved status pursuant to this chapter may appeal the decision to the city <br />council pursuant to Chapter 18.58 of this code. <br />18.47.120 Penalties. <br />A. Any person violating any of the provisions of this chapter or who causes or <br />permits another person to violate any provision of this chapter may be charged with <br />either an infraction or a misdemeanor, and shall be subject to the provisions of the <br />general penalty clause as set forth in Chapter 8.02 of this code. <br />B. In addition to the penalties provided in this section, any use or condition <br />caused or permitted to exist in violation of any of the provisions of these regulations <br />shall be and is declared to be a public nuisance and may be abated as such by the City. <br />C. Nothing in this chapter shall be construed to prevent the city of Colton from <br />pursuing any and all other legal remedies that may be available, including but not <br />limited to civil actions filed by the city attorney seeking any and all appropriate relief <br />such as civil injunctions and penalties. <br />18.47.130 Annual regulatory fee. <br />A. The intent and purpose of this section is to impose a regulatory fee upon all <br />on and off -sale alcohol establishments that either hold deemed approved status <br />pursuant to this chapter or obtained a conditional use permit after January 19, 2010. <br />This fee shall provide for the enforcement and regulation of the conditions of <br />approval, operational standards, performance standards and other applicable <br />regulations set forth in this title or the conditional use permit issued. <br />B. The annual alcohol sales regulatory fee shall be established by resolution of <br />the city council. The fee shall be calculated so as to recover the total cost of both <br />23152.06000\30617514.1 -12- <br />
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