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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 />administration, inspection and enforcement of the conditions of approval, <br />performance standards and other applicable regulations set forth under this chapter <br />upon all off -sale alcohol establishments that either hold deemed approved status <br />pursuant to this chapter or obtained a conditional use permit, including, for example, <br />notifying establishments of deemed approved status, administering the program, <br />establishment inspection and compliance checks, documentation of violations, <br />conducting hearings and prosecution of violators, but shall not exceed the cost of the <br />total program. All fees shall be used to fund the program. Fees are nonrefundable <br />except as may be required by law. <br />SECTION 3. Compliance with California Environmental Quality Act. Based <br />on the entire record before the City Council, and all written and oral evidence <br />presented to the City Council, the City Council hereby finds that this ordinance is <br />exempt from review under the California Environmental Quality Act ("CEQA"), <br />pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably <br />foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is <br />not a project as defined in Section 15378) of the CEQA Guidelines, California Code of <br />Regulations, Title 14, Article 3, because it has no potential for resulting in physical <br />change to the environment, directly or indirectly. <br />SECTION 4. Severability. If any section, subsection, subdivision, sentence, <br />clause, phrase, or portion of this Ordinance for any reason is held to be invalid or <br />unconstitutional by the decision of any court of competent jurisdiction, such decision <br />shall not affect the validity of the remaining portions of this Ordinance. The City <br />Council hereby declares that it would have adopted this Ordinance, and each section, <br />subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the <br />fact that any one or more sections, subsections, subdivisions, sentences, clauses, <br />phrases, or portions thereof be declared invalid or unconstitutional. <br />SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) <br />days after its adoption. <br />SECTION 6. Publication. The City Clerk shall certify the passage of this <br />Ordinance and shall cause the same to be entered in the book of original ordinances of <br />said City; shall make a minute passage and adoption thereof in the records of the <br />meeting at which time the same is passed and adopted; and shall, within fifteen (15) <br />days after the passage and adoption thereof, cause the same to be published as <br />required by law, in a local newspaper of general circulation and which is hereby <br />designated for that purpose. <br />23152.06000\30617514.1 -13- <br />