The purpose of regulating the sale of alcohol is to ensure the
compatibility of such uses with surrounding uses and properties and
to avoid any negative impacts associated with such uses. Therefore,
in order to protect and preserve the public health, safety and welfare,
the city council has determined that special regulations, review of
proposed business operations, and approval of a conditional use permit
by the planning commission is necessary.
(Ord. 784 § 8, 4-20-2015)
As used in this chapter, the following words and phrases are
defined as follows:
means any bottled or prepared beverage with more than one-half
of one percent alcohol content per volume. This includes any beer,
wine, wine cooler, frozen mixed drink, hard alcohol or spirits, liqueur
or any other variation of a drink with alcoholic content.
means a retail store of three thousand five hundred square
feet or less in gross floor area that carries a range of merchandise
oriented to daily convenience and travelers' shopping needs. Convenience
stores also include establishments that sell motor vehicle fuels.
means a retail store primarily engaged in the sale of alcohol.
means any drink served and/or prepared at the site with the
intent of buying and drinking at this same site. This includes any
bar or any bar affiliated with a restaurant.
means any drink served at a site with the intention of buying
the drink there and taking it somewhere private to drink.
means the grouping of criteria that is considered when making
the determination of whether a new site where alcohol will be bought
and sold will be established.
(Ord. 784 § 8, 4-20-2015)
Before the opening of a new business, extending the hours of
operation of any establishment that sells or serves any alcoholic
beverage, or adding to the capacity, floor area or shelf space devoted
to alcoholic beverages of any establishment that sells or serves any
alcoholic beverages, the applicant must first obtain a conditional
use permit from the planning commission. Conditions of approval will
vary with each application including location, on-sale or off-sale
business, public convenience and necessity, and any other, city, state,
and federal laws that may apply. The criteria that will be followed
to approve the conditional use permit are as follows:
A.
Conditional
Use Permit. The planning commission must review all conditional use
permit requests for proposed alcohol sales. The following information
must be provided to the planning commission to approve conditional
use permit requests:
1.
A
list of all establishments within a one thousand-foot radius with
similar size and array of products, if there is any other establishment,
other than a food service establishment with incidental service of
beer and/or wine within a one thousand-foot radius of the site of
the proposed use that is in the same category of alcoholic beverage
sales or service and the State Department of Alcoholic Beverage Control
finds that the request will result in an overconcentration of alcohol
sales within the applicable census tract, then the planning commission
may not approve the application unless it makes all of the findings
of "public convenience or necessity";
2.
The
number of businesses having authority to sell alcoholic beverages
in the census tract of the subject site;
3.
The
extent to which the crime reporting district in which subject site
is located exceeds the average for crime reporting districts subject
to the jurisdiction of the police department;
4.
The
proximity of the subject site to school, park, playground, recreational
center, day care, or similar use.
B.
Public
Convenience or Necessity. A determination of public convenience or
necessity (PCN) is required by the department of alcoholic beverage
control (ABC) when there is an overconcentration of alcohol sales
licenses within a defined census tract. ABC determines if there is
an overconcentration of licenses in a census tract and will require
a determination of public convenience or necessity from the city.
The planning commission must make a PCN determination prior to consideration
of a conditional use permit to allow alcohol sales.
C.
PCN
Findings. To approve a PCN determination, the following findings must
be made:
1.
The
proposed establishment will promote the city's economic health, consistent
with the general plan and any applicable specific plan policies to
further district purposes;
2.
The
applicant has not operated a licensed establishment, which has been
the subject of verified complaints, or violations regarding alcohol,
public safety or nuisance statutes or regulations;
3.
The
police department has reported that the proposed establishment would
not be expected to add to crime in the area;
4.
Alcoholic
beverages sold by the applicant are incidental to the other products
available for sale at the establishment.
D.
Commercial
Zones. The sale of alcoholic beverages for off-premises consumption
may only be allowed by conditional use permit in the following zones:
C-l, C-2 and CW.
E.
Distance
consideration. The planning commission may take into consideration
the proximity of the proposed alcohol retailer with parcels occupied
by the following uses:
F.
Revocation
of Use Permit. If any of conditions are found to be disregarded, the
use permit for alcohol sales will be subject to revocation. If necessary,
the planning commission may modify the use permit after holding a
noticed public hearing and making applicable findings.
G.
Optional
Conditions. Further conditions may be imposed upon the issuance of
a use permit for on-sale or off-sale liquor establishments.
(Ord. 784 § 8, 4-20-2015)
A.
Education
and Training of Employees. All employees must be trained with the
knowledge and skills that will enable them to comply with their responsibilities
under law. The knowledge and skills deemed necessary for responsible
alcoholic beverage service must include the following topics and skills
development:
1.
State
laws relating to alcoholic beverages, particularly ABC and penal provisions
concerning sales to minors and intoxicated persons, driving under
the influence, hours of legal operation, and penalties for violations
of these laws.
2.
The
effects of alcohol on the body, and behavior, including how the effects
of alcohol affect the ability to operate a motor vehicle.
3.
Methods
for dealing with intoxicated customers and recognizing underage customers.
B.
Litter.
The premises that is the subject of the use permit must be maintained
free of litter.
C.
Signs.
No signs advertising the sale of alcoholic beverages may be displayed
outside of the store.
D.
Loitering.
Loitering of persons about the premises must not be tolerated or permitted.
E.
On-Sale
Business. An on-sale establishment must comply with the following
regulations:
1.
No
sale of alcohol is allowed for off-site consumption;
2.
The
noise levels generated by the operation of such establishment must
not negatively impact adjoining properties;
3.
Exterior
lighting and interior lighting must be sufficient to provide illumination
for security and safety and to make easily discernable the appearance
and condition of persons. On-site lighting plans must be submitted
for review and approval;
4.
Alcohol
must not be sold or served to any persons who are discernibly intoxicated;
5.
No
vegetation around the site that can be used as a hiding place;
6.
A
sign concerning the California law prohibiting minors to drink alcohol
and a sign prohibiting trespassing or public drinking must be posted;
and
7.
A
copy of the conditions of approval must be kept on premises and available
upon request.
E .
Off-Sale Business. An off-site establishment must comply with
the following regulations:
1.
No sale of alcohol is allowed for on-site consumption;
2.
Music and other forms of amplified noise must not be audible from
the exterior of any premises;
3.
Alcohol must not be sold to any persons who are discernibly intoxicated;
4.
Exterior lighting and interior lighting must be sufficient to provide
illumination for security and safety and to make easily discernable
the appearance and condition of persons. On-site lighting plans must
be submitted for review and approval;
5.
Trash receptacles must be located at convenient locations outside
the establishment, and operators of the business must remove all trash
on a daily basis;
6.
Pay telephones on the site of the establishment, when applicable,
must be of the type that only allow outgoing calls;
7.
A sign concerning the California law prohibiting minors to drink
alcohol and a sign prohibiting trespassing and/or public drinking
must be posted;
8.
A copy of any use permit conditions of approval will need to be kept
on premises and available upon request;
9.
Any employee on duty between ten p.m. and two a.m. will be at least
twenty-one years of age;
10.
Must attempt to limit alcohol related problems which negatively impact
those living or working in the neighborhood;
11.
Liquor stores and convenience stores must have glass or transparent
glazing in the windows and doors. No more than ten percent of any
window or door area may be visually obstructed by signs, banners,
or opaque coverings of any kind so that law enforcement personnel
will have clear view of the entire public area in the premises from
the public sidewalk;
12.
Graffiti must be removed within seventy-two hours of application;
and
13.
Stores must contain a security camera system which must be operated
during business hours.
F.
Additional Regulations for Off-Sale Businesses That Sell Motor
Vehicle Fuel and Alcohol. The following additional regulations apply
to establishments that offer the concurrent sale of motor vehicle
fuels and alcohol for off-premises consumption:
1.
Only
beer and wine may be sold.
2.
The
owner of each location and the management at each location must educate
the public regarding driving under the influence of intoxicating beverages,
minimum age for purchase and consumption of alcoholic beverages, driving
with open containers and the penalty associated with violation of
these laws. In addition, the owner and management must provide health
warnings about the consumption of alcoholic beverages. This educational
requirement may be met by posting prominent signs, decals or brochures
at points of purchase. In addition, the owner and management must
provide adequate training for all employees at the location as to
these matters.
3.
No
displays of beer, wine or other alcoholic beverages may be located
within five feet of any building entrance or checkout counter.
4.
Cold
beer or wine must be sold from, or displayed in, the main, permanently
affixed electrical coolers only.
5.
No
beer, wine or other alcoholic beverages advertising may be located
on gasoline islands; and no lighted advertising for beer, wine, or
other alcoholic beverages may be located on the exterior of buildings
or within window areas.
6.
Employees
selling beer and wine between the hours of ten p.m. and two a.m. must
be at least twenty-one years of age.
7.
No
sale of alcohol may be made from a drive-up window.
(Ord. 784 § 8, 4-20-2015)
