The purpose of this chapter is to:
A.
Promote
a healthy and safe business environment in the City of Santa Barbara
that protects residents from the public nuisances attributable to
the sale of alcoholic beverages.
B.
Monitor
existing establishments to ensure they do not substantially change
in mode or character of operation.
C.
Complement
the State of California alcohol-related laws. The City does not intend
to replace or assume any powers vested in the California Department
of Alcoholic Beverage Control.
D.
This
ordinance does not apply to on sale alcohol establishments such as
a restaurant, bar, or a winery, brewery or micro-brewery that sells
alcohol for off-site consumption.
(Ord. 6026 § 7, 2021)
Alcoholic beverage retail establishments, limited to uses permitted in the zone, may be permitted in any zone upon the issuance of a conditional use permit pursuant to Chapter 28.94 of this title.
(Ord. 6026 § 7, 2021)
For the purposes of this chapter, the following words and phrases
shall have the following meanings:
Alcohol, spirits, liquor, wine, beer, and any liquid or solid
containing alcohol, spirits, wine, or beer, that contains one-half
of one percent or more of alcohol by volume and that is fit for beverage
purposes either alone or when diluted, mixed or combined with other
substances, the sale of which requires an Alcoholic Beverage Control
(ABC) license.
The department of the State of California empowered to act
pursuant to Article 20, Section 22, of the California Constitution
and authorized to administer the provisions of the Alcoholic Beverage
Control Act.
A small flask for potable liquids of a kind designed so that
it may be carried in a hip pocket.
Anything which is injurious to health, indecent, offensive
to the senses, so as to interfere with the comfortable enjoyment of
life or property.
Includes all floor area within the establishment that is
accessible and within view of customers, including aisles, and floor
area occupied by shelves, counters, and refrigerator coolers.
Substantial modifications to the mode or character of operation.
Such activities include, but are not limited to, the following:
Change in activity so that ABC requires a different type of
license.
An increase of the floor area or shelf space devoted to the
display or sales of any alcoholic beverage.
Extending the hours of operation.
A change in ownership or transfer of an ABC license, which includes
new owners or licensees added to the establishment.
Changes to the conditions provided under the conditional use
permit.
Changes from the license applications submitted to the ABC.
(Ord. 6026 § 7, 2021)
A letter of public convenience or necessity (PCN) is a discretionary
determination that the business operation will provide some kind of
benefit to the surrounding community, which is communicated back to
the licensee and the ABC in the form of a letter. The Chief of Police
is authorized to issue a PCN letter whenever an applicant for an ABC
license is required to obtain one. A PCN letter will be issued prior
to the application for a conditional use permit pursuant to this chapter.
The Chief of Police will review and act upon the request in compliance
with the time periods established by State law. The Chief of Police's
decision on whether to issue a PCN letter is final with no further
right of appeal.
(Ord. 6026 § 7, 2021)
All applicants and operators of an alcoholic beverage retail
establishment are required to notify the Chief of Police within 10
days of submitting an original off-sale application to the ABC, or
when business activities will result in a substantial modification
to the mode or character of operation for existing businesses.
(Ord. 6026 § 7, 2021)
Approval of a conditional use permit may only be granted for
alcoholic beverage retail establishments, located, developed, and
operated in compliance with the standards contained in this section.
Variations to these standards may be approved by the Planning Commission
in order to prevent an unreasonable hardship or for any other reason
consistent with the purpose of this chapter. Unreasonable hardship
is defined as an action requiring significant difficulty or expense
when considered in light of a number of factors that can include but
is not limited to the nature and cost of the standard imposed in relation
to the size, resources, nature, and structure of the alcohol retailer
operation.
A.
Location.
Alcoholic beverage retail establishments requesting non-transferred
licenses may only be permitted on a site located in an area with capacity
for additional off-sale licenses, as defined by ABC, with low to average
crime rates, as defined annually by the Santa Barbara Police Department,
provided that the site is not subject to a moratorium.
B.
Distance. Alcoholic beverage retail establishments requesting new non-transferred licenses may only be located on a lot that is a minimum of 500 feet away from any residentially zoned lot, or any lot that contains a public or private elementary or high school, health care facilities, social services facility as defined in Section 30.295.030, substance abuse treatment centers, religious facilities, parks or playgrounds. However, an alcohol retail establishment may apply for a modification and obtain approval from the Planning Commission to be located within 500 feet of the above referenced sensitive locations. The distance shall be measured in a straight line without regard to intervening structures or objects from the nearest point on the property to the nearest point on the other property line.
C.
Containers.
The sale, distribution, dispensation, and display of all alcoholic
beverages is limited to the following type and size of containers:
1.
Wine
and Wine Coolers.
a.
Wine must be in a container with a volume of 750 milliliters or greater
in size, except multipack containers of wine, and multipack wine coolers
containing no more than six percent alcohol by volume.
b.
Multipack wine and wine coolers shall not be sold in containers smaller
than 12 ounces and in units of less than one four-pack for off-site
consumption.
2.
Distilled
Spirits. Distilled spirits, except pre-mixed cocktails, must be in
a container with a volume of 375 milliliters or greater in size. Miniature,
single-serving, travel-sized "airline bottles" are prohibited. Distilled
spirits shall not be permitted in 375 milliliters hip flask containers.
3.
Beer,
Ale, and Malt Liquor.
a.
Beer, ale, and malt liquor must be in a container with a volume greater
than 32 ounces. This restriction is not intended to prohibit the sale
of such beverages in kegs or other types of containers, with a volume
of two or more gallons, which are clearly designed to dispense multiple
servings.
b.
Multipack beer, ale, and malt liquor in containers of 32 ounces or
less shall not be sold in units less than one three-pack for off-site
consumption.
D.
Drive-through
facilities. Alcoholic beverages shall not be sold or distributed from
a drive-through facility or a walk-up window.
E.
Product
display. Alcoholic beverages shall not be displayed for sale:
1.
From
an ice tub, ice chest, ice barrel or similar stand-alone container;
2.
Within
five feet from any store entrance or exit;
3.
On
a check-out counter or any display case or rack located adjacent to
a checkout counter or checkout waiting area.
|
This subdivision does not prohibit display of alcoholic beverages
from behind a counter or from a built in refrigerated display case
that is accessible only by store employees.
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F.
Lighting. Lighting shall comply with the Outdoor Lighting Ordinance (Santa Barbara Municipal Code Chapter 22.75); adequate external lighting shall be provided on-site in order to maintain a safe and secure environment.
G.
Noise. Noise levels generated by the operation of such establishment shall comply with the City's Noise Ordinance (Santa Barbara Municipal Code Chapter 9.16). Amplified sound at the property line shall not exceed 60 dB(A).
H.
Litter.
Business owners shall be responsible for keeping their premises clean
of any litter or debris and shall provide adequate trash and recycling
receptacles for customer use on site.
I.
Pay
phones. Pay phones are not permitted outside of the alcoholic beverage
retail establishments.
J.
Signage.
There shall be no advertising of alcoholic products, or tobacco and
paraphernalia, or similarly controlled products visible from the exterior
of the building.
K.
Window
obstructions. To ensure a clear and unobstructed view of the interior
of the premises, including the area in which the cash registers are
maintained, from the exterior public sidewalk or entrance, windows
shall not be tinted and no more than 15% of windows and entry doors
shall be blocked by either interior or exterior obstructions such
as signs, vending machines, refrigerators, coolers, shelves, racks,
or storage.
L.
Drug paraphernalia. An alcoholic beverage retail establishment shall be prohibited from selling drug or tobacco paraphernalia products as defined in Santa Barbara Municipal Code Section 9.45.010, and Health and Safety Code Sections 11014.5 and 11364.5.
(Ord. 6026 § 7, 2021)
A conditional use permit for an alcoholic beverage retail establishment may only be approved if the Planning Commission makes the following findings in addition to the findings required pursuant to Chapter 28.94, Conditional Use Permits, and any other findings required by this title:
A.
The proposed use shall not potentially have a significant adverse effect on the crime rate or nuisance activities as provided under Section 28.77.300 in the area of the proposed site. Particular attention shall be given to those crimes involving public drunkenness, the illegal sale or use of narcotics, drugs or alcohol, disturbing the peace and disorderly conduct, and alcoholic beverage sales to minors.
B.
That
its upkeep and operating characteristics are compatible with, and
will not adversely affect, the livability or appropriate development
of abutting properties and the surrounding neighborhood.
(Ord. 6026 § 7, 2021)
The Planning Commission may impose conditions of approval in
furtherance of the purpose of this chapter, such as, limit the hours
or other operational characteristics of the use; restrict outdoor
storage and display; require a special security plan; make alterations
to the entries/exits or other floor plan changes; or add requirements
for buffering, screening, lighting, planting areas, or other site
elements to avoid adverse impacts on adjacent lots or the surrounding
area.
(Ord. 6026 § 7, 2021)
Any changes to the structure, site development, use, or substantial modifications to the mode or character of operation of any alcoholic beverage retail establishment which becomes lawfully established with a conditional use permit on or after the effective date of this chapter and is licensed by the ABC, shall require an amendment to the conditional use permit or approval. If the use is abandoned pursuant to Section 28.87.360, Abandonment and Revocation of Permits and Approvals, or ceases to be licensed by ABC, it shall not continue without approval by the original review authority and shall be processed in the same manner as the original approval.
(Ord. 6026 § 7, 2021)
Alcoholic beverage retail establishments lawfully existing prior to the effective date of the ordinance adopting this chapter, and licensed by ABC, may be continued, repaired and maintained. Notwithstanding Section 28.87.030.E, Nonconforming Uses, the right to continue an existing alcoholic beverage retail establishment may be revoked with the right to appeal under Section 28.87.360, Abandonment and Revocation of Permits and Approvals, and if revoked a conditional use permit is needed in order to continue the sale of alcohol. Revocation of the use can only be initiated by those with the responsibility to enforce under Section 28.77.600, below, when any of the following occur:
A.
Public nuisance. The use has been declared a public nuisance pursuant to Section 28.77.300, below.
B.
Discontinued
use. The use has been discontinued or ceases for a period of one year
or more, or ceases to be licensed by the ABC.
C.
Substantial
modifications. There are substantial modifications to the mode or
character of operation.
D.
Violations.
There is or has been a violation of, or failure to observe the terms
or conditions of this chapter, or the use has been conducted in violation
of the provisions of this title, or any applicable law or regulation,
including, but not limited to, the Alcoholic Beverage Control Act.
(Ord. 6026 § 7, 2021)
A.
The
display of alcoholic beverages is subject to the following standards:
B.
This
section does not prohibit display of alcoholic beverages from behind
a counter or from a built in refrigerated display case that is accessible
only by store employees.
(Ord. 6026 § 7, 2021)
The following requirements apply as a condition of approval
to all new and existing alcoholic beverage retail establishments.
All store owners and current employees of existing establishments
must comply with the mandatory training within six months of the effective
date of this chapter. All new store owners and employees are required
to be trained within 60 days from the start of their business or employment.
Failure to comply will result in the termination of the right to continue
an existing establishment.
A.
Mandatory
training. All store managers and their employees shall complete the
Responsible Beverage Service (RBS) Training and are required to carry
a valid certification while selling alcoholic beverages. To satisfy
this requirement, a certified program must meet the standards of the
ABC Responsible Beverage Service Advisory Board or other certifying
or licensing body designated by the State of California.
B.
Presentation
of documents. A copy of any City conditions of approval, applicable
ABC conditions, the ABC license, and any required training requirements,
shall be posted in at least one prominent place within the interior
of the establishment where it will be readily visible and legible
to the employees and patrons of the establishment; and shall be presented
to any City, County, or State enforcement officer or official upon
request.
(Ord. 6026 § 7, 2021)
A public nuisance shall be deemed to exist if the following
activities are repeated within the premises or in close proximity
of the premises such as: 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, or
lewd conduct. The City Administrator may take any action necessary
to abate such public nuisances, including but not limited to revocation
proceedings.
(Ord. 6026 § 7, 2021)
If the City Administrator or the Chief of Police determine there
has been a violation of this chapter or any of the conditions set
forth in a conditional use permit issued in compliance with this chapter,
a report of those violations shall be presented to the Planning Commission
for review that may include the date, time, and specificity of the
violations. The Planning Commission shall require an annual review
of any new and existing alcoholic beverage retail establishments.
(Ord. 6026 § 7, 2021)
The City Council shall establish by resolution, an annual regulatory
fee that shall be imposed on all new and existing alcoholic beverage
retail establishments. The annual fee shall be assessed for each alcoholic
beverage retail establishment that consists of the following factors:
A.
The
City Council may establish by resolution fees for administration of
this chapter, including, but not limited to, flat or graduated annual
fees, hourly fees, and supplemental fees, any or all of which may
reflect whether and to what extent the new and existing alcoholic
beverage retail establishments upon which the fee is imposed has complied
with this chapter.
B.
Owners
and operators shall be jointly and severally liable for any fee or
charge imposed under this chapter.
C.
The
City may collect any past due fees or charges imposed under this chapter
by use of all available legal means, including, but not limited to,
means available for the collection of judgments, liens and action
for recover of money. The City may also recover its collection costs.
(Ord. 6026 § 7, 2021)
The provisions of this chapter shall be administered and enforced
by the City Administrator in conjunction with the Chief of Police.
Such officer, or their duly authorized representatives, may enter
upon private or public property to examine an alcoholic beverage retail
establishment for the purposes of enforcement and regulation of the
conditions of approval, performance standards, and other applicable
regulations set forth in this chapter.
(Ord. 6026 § 7, 2021)
