A.
Title.
This chapter is known as the "Deemed Approved Alcohol Sales"
ordinance.
B.
Declaration
of Need.
1.
The
City recognizes the need to regulate the sale of alcoholic beverages
at commercial establishments to protect and promote the public health,
safety, comfort, convenience, prosperity, and general welfare by requiring
that all alcoholic beverage serving establishments lawfully operating
pursuant to a valid ABC license (that authorizes the retail sale of
alcoholic beverages for either on-site or off-site consumption) comply
with the deemed approved performance standards of this chapter.
2.
The
regulations herein are consistent with Land Use Element of the General
Plan's goal to minimize land-use conflicts and maximize mutual
benefits between adjacent land uses.
C.
Purposes.
The purposes of this chapter are to:
1.
Protect
residential, commercial, industrial, and civic areas from the harmful
effects attributable to the sale of alcoholic beverages and minimize
the adverse impacts of nonconforming and incompatible uses;
2.
Provide
opportunities for alcoholic beverage serving establishments to operate
in a mutually beneficial relationship to each other and to commercial
and residential uses;
3.
Provide
mechanisms to address problems often associated with the public consumption
of alcoholic beverages such as litter, loitering, graffiti, unruly
behavior and escalated noise levels;
4.
Provide
that alcoholic sales establishment activities are not the source of
undue public nuisances in the community;
5.
Provide
for properly maintained alcoholic sales establishments so that the
secondary negative impacts generated by these activities on the surrounding
environment are mitigated;
6.
Monitor
deemed approved activities so that they do not substantially change
in mode or character of operation.
(Ord. 560 § 3, 2019)
A.
Applicability.
The deemed approved alcoholic sales ordinance applies, to the extent
permissible under other laws, to all alcoholic beverage serving establishments
lawfully operating pursuant to a valid ABC license (that authorizes
the retail sale of alcoholic beverages for on-site or off-site consumption)
within the City as of the effective date of the ordinance codified
in this chapter.
B.
Duplicated
Regulations. Whenever any provision of the deemed approved alcoholic
sales ordinance and any other provision of law, whether set forth
in this code, or in any other applicable law, ordinance, or resolution
of any kind, imposes overlapping or contradictory regulations, or
contain restrictions covering any of the same subject matter, that
provision which is more restrictive or imposes higher standards shall
control, except as otherwise expressly provided in the deemed approved
alcoholic sales ordinance.
C.
Relationship
to State and Federal Regulations. The deemed approved alcohol sales
ordinance is imposed as a matter of municipal law and is in addition
to any Federal regulations or State alcoholic beverage regulations
or license or permit conditions that may apply.
(Ord. 560 § 3, 2019)
The meaning and construction of words and phrases as hereinafter
set forth apply throughout the deemed approved alcoholic sales ordinance,
except where the context of such words or phrases clearly indicates
a different meaning or construction.
means the California Department of Alcoholic Beverage Control.
means alcohol, spirits, liquor, wine, beer, and every liquid
or solid containing alcohol, spirits, wine, or beer, which contains
one-half of one percent or more of alcohol by volume and which is
fit for beverage purposes either alone or when diluted, mixed, or
combined with other substances, and sales of which requires an ABC
license.
means any establishment engaged in the retail sale (pursuant
to a valid ABC license) of any alcoholic beverage for on-site or off-site
consumption. The term alcoholic beverage serving establishment shall
include: (1) any alcoholic beverage serving establishment that is
not in existence on the effective date of the ordinance codified in
this chapter, but that is later permitted by the City and issued a
valid ABC license; (2) any alcoholic beverage serving establishment
engaged in the retail sale of any alcoholic beverage pursuant to a
conditional use permit, adopted prior to the effective date of the
ordinance codified in this chapter, and a valid ABC license; and (3)
any legal alcoholic beverage serving establishment activity operating
pursuant to a valid ABC license.
means the lawful operation of retail sale, for on- or off-site
consumption, of liquor, beer, wine or other alcoholic beverages.
means a requirement which must be carried out by the activity
in order to retain its deemed approved status.
means any alcoholic beverage serving establishment lawfully operating pursuant to a valid ABC license (that authorizes the retail sale of alcoholic beverages for on-site or off-site consumption) as long as it complies with the deemed approved performance standards as set forth in Section 7.38.040 of this chapter.
means regulations contained in Section 7.38.040 of this chapter.
means the status conferred upon a deemed approved activity when it complies with previous approvals and meets the standards of Section 7.38.040 of this chapter.
means a bottle containing 1.7 ounces or 50 milliliters of
alcohol or less and which is sometimes known as an "airplane
bottle."
means the actual space within a building or any area either
directly or indirectly supporting alcoholic beverage sales.
(Ord. 560 § 3, 2019)
The provisions of this section are known as the deemed approved
performance standards. The purpose of these standards is to control
dangerous or objectionable environmental effects or potential effects
of alcoholic beverage serving establishment activities. These standards
apply, upon the effective date of the ordinance codified in this chapter,
to all deemed approved alcoholic beverage serving establishment activities
(i.e., possessing deemed approved status pursuant to this chapter).
Deemed approved status may only be maintained if each activity
of the alcoholic beverage serving establishment complies with all
of the following deemed approved performance standards:
A.
Does
not result in repeated nuisance activities within the premises or
in close proximity of the premises, including, but not limited to,
disturbance of the peace, illegal drug activity, public drunkenness,
drinking in public, harassment of passersby, gambling, prostitution,
sale of stolen goods, public urination, theft, assaults, batteries,
acts of vandalism, excessive littering, loitering, graffiti, illegal
parking, excessive loud noises (especially in the late night or early
morning hours), traffic violations, curfew violations, lewd conduct,
or police detentions and arrests.
B.
Complies
with the conditions of any approved conditional use permit.
C.
Complies
with the conditions on an approved ABC license.
D.
Complies
with City conditions developed during the ABC application process,
including, but not limited to, the determination that a public necessity
or convenience is served by any new application.
E.
Does
not result in violations to any applicable City, State or Federal
laws or regulations, ordinance or statute.
F.
Maintains
and operates the premises in a manner compatible with and will not
adversely affect the livability or appropriate development of abutting
properties and the surrounding neighborhood.
G.
Locates
displays of mini-bottles of liquor behind a counter where only staff
has access or a minimum of 20 feet away from any entrance to the premises.
H.
Posts
"No Loitering" signs upon written notice from ABC or the
City.
I.
Posts
"No Open Container" signs upon written notice from ABC
or the City.
J.
Removes
litter daily from the premises, including adjacent public sidewalks
and parking lots under the licensee's control and sweeps/cleans
these areas weekly.
K.
No more
than 25% of the square footage of the windows and clear doors of the
premises is covered with advertising or signs of any sort.
(Ord. 560 § 3, 2019)
All alcoholic beverage serving establishments, new or existing,
as of the effective date of this deemed approved alcohol sales ordinance
are deemed approved activities. Each such deemed approved activity
retains its deemed approved status as long as it complies with the
deemed approved performance standards.
(Ord. 560 § 3, 2019)
The City or its designated enforcement authority shall:
A.
Provide
a notice to the owner of each alcoholic beverage serving establishment
with deemed approved status within the City, and also the property
owner (if not the same), of the establishment's deemed approved
status authorizing the establishment to lawfully continue its operation
in the manner required by this chapter.
B.
Provide the owner of any alcoholic beverage serving establishment with deemed approved status with a copy of Municipal Code Chapter 7.38 (Deemed Approved Alcohol Sales); inform the owner of the requirement that the establishment shall be operated in accordance with the deemed approved performance standards.
C.
Send
the notices via first class and certified return receipt mail. If
any notice is returned, the notice must be sent via regular U.S. mail.
Failure of any person to receive notice given pursuant to this chapter
does not affect the deemed approved status of the activity.
(Ord. 560 § 3, 2019)
Violations of the deemed approved performance standards and failure to comply with any condition of approval may be enforced by any means available to the City, including, but not limited to, the administrative citation process in Chapter 1.08.
(Ord. 560 § 3, 2019)
