125-05 Repeal 772 "Business Operations"

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PLACED ON 1ST READING & REFERRED TO THE COMMITTEE OF THE WHOLE 12/19/05. Second READING 1/3/06. ORDINANCE NO. 125-05 BY~utler, Demro, Dever, FitzGerald, AN EMERGENCY ORDINANCE to repeal Chapter 772 of tbe hakewood Codified Ord nancesf entitled "Business Operations". ~ WHEREAS, it was determined by the Planning Commission and the Law Department that the contents of this Chapter belongs within the Zoning Code; and WHEREAS, this Council by a vote of at least five (5) members elected thereto determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTIONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments. Now Therefore, BE rT ORDAINED BY THE C~Y OF LAKEWOOD, STATE OF OHIO Section 1. That existing Chapter 772 - Business Operations - of the Codified Ordinances of the City of Lakewoodf which now reads as follows; 772.01 CLOSING HOURS. (a) No person, being the owner or in charge or control of any store or other place of business, located within a C-1 or C-3 commercially zoned district as defined by the Zoning Code of this City, including but not limited to all permitted or conditionally permitted, commercial and retail uses ~nd having an entrance, exit, parking lot, loading dock or show window within 250 feet of any one-family, two-family or multi-family district, as defined by the Zoning Code of this City, shall transact any business in such store or place of business, or cause or permit the store or place of business to be open for the transaction of business after 12:00 a.m. or before 6:00 a.m. of any day, (b) No person, being the owner or in charge or control of any store or other place of business, located within a C-2 commercial zoned district as defined by the Zoning Code of this City, including but not limited to all permitted or conditionally permiEed, commercial and retail use% shall transact any business in such store or place of business, or cause or permit the store or place of business to be open for the transaction of business after 12:00 a.m. or before 6:00 a.m. of any day (c) Any store or other place of business which is subject to regulation pursuant to subsections (a) and (b) above is also operating under a valid permit to sell or serve alcoholic beverages, as issued by the State of Ohio pursuant to Title 43 of the Ohio Revised Code, shall be exempt from the provisions of this chapter only to the extent necessary to avoid conflict between the regulations herein and State law governing such liquor permit holders, provided further that nothing in the provisions of the chapter shall be construed to sanction or permit the sale or service of alcoholic beverages in violation of State law. (d) For purposes of this chapter, the terms "store or other place of business" shall not be construed to include hospitals and emergency medical centers or a business which does not conduct on premises transactions between the restricted hours as outlined in subsections (a) and (b) or any existing and continually operating business at their current location upon the effective date of this chapter regardless of their location in relation to any residential district, and are therefore exempt from the provisions of this Business Regulation Code. For purpose of this chapter "continually operating" means the same or similar type of business and that the business shall not close to the public for a period of more than thirty consecutive days in any one calendar year for reasons other than remodeling, reconstruction or the legal transfer of the business entity. (e) For the purpose of this section the exempted "existing and continually operating businesses" shall only be exempt from subsections (a) and (b) to the extent their current hours of operation, upon the effective date of this chapter, exceed the restrictions set forth in §ubsections (a) and (b). Any additional extension of hours of operation would be subject to all applicable restrictions and appeal process as set forth within this chapter. (Ord. 41-00. Passed 7-:!.7-00.) lof2