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HomeMy WebLinkAboutOrd 1302ORDINANCE TdO. 1302 AN ORDINAiCE LIMITIIQG FOOD ESTABLISHMENTS ITd THE BROADWAY COMT�IERCIAL AREA AND BURLINGAME AVENUE COPIPIERCIAL AREA, SUB -AREA A The CITY COUNCIL of the CITY OF BURLINGAME does ORDAIN as follows: Section 1. Section 25.36.268 is hereby added to the Burlingame Municipal Code to read as follows: "25,08,268 Food establishments. A food establish- ment is a business which sells any kind of food or drink at and which contains any customer seating (See Section 25.36.038)" Section 2. Section 25.36.038 is hereby added to said Code to read as follows: "25.36.038 A, the Food establishment in the Broadway shall be limited to those Commercial Area and Burlingame Avenue Commercial Area, Sub -Area A. 1. In the Broadway Commercial Area and the Burlingame Avenue Commercial Area, Sub -Area A, the number of food establislunents shall be limited to those existing and in business April 16, 1985. A food establishment is a business as defined in Section 25.08.268 and shall be deemed in business if it was open for business to the public on that date. that existing and in business on April 2. A business license, building permit or any other permit or license shall not be issued for a food establishment in said areas unless the premises is an existing food establishment or unless the City Planner has determined that the number of food establishments is below that existing and in business on April 16, 1985. 3. A food establishment shall be deemed out of business when the premises is occupied by another business which does not sell food, or the premises has been vacant for more than six (6) month 1 of Section 25.36.038 as adopted by Section 2 of this .ordinance, a food establishment shall also be deemed to be in business, for the purposes of Section 25.3G.038, if: (1 ) on January 7, 1985, there was a building permit pending for the establishment; (2) within six months prior to January 7, 1985, an existing business selling food but not having seating had obtained from the San Mateo County Health Department specific requirements for the operation of a food establishment; or (3 ) on February 1, 1985, a lease had been signed for the occupation of a premises by a food establishment. Any party claiming to be within any of the above circumstances shall present evidence thereof to the City Planner no later than May 15, 1985. Section 4. This ordinance shall have no force and effect after April 16, 1987, unless extended by this City Council. Section 5. This ordinance shall be published as required by law. ,- .-=_ ��,� F ��, Mayor" -- I, JUDITH A. P�lALFATTI, City Clerk. of the City of Burlingame, do hereby certify that the foregoing ordinance was;.. introduced at a regular- meeting of the City Council held on the _ lat _day of April ,1985, and was adopted thereafter at a regular meeting of the City Council held on the 15th day of AYES: .::.NOES: 'ABSENT: 1985, by the following vote: COUNCILMETd: AMSTRUP, BARYON, MANGINI, PAGLIARO COUNCILMEN: MARTIN COUNCILMEN: NONE