The purpose of this chapter is to provide opportunities for alcoholic beverage sales establishments to operate in a mutually beneficial relationship to each other and to other commercial, community, and residential uses and to prescribe standards applicable to alcoholic beverage sales establishments in the interest of protecting the public's health, safety, and welfare, including:
A. 
To provide mechanisms to address problems often associated with public consumption of alcoholic beverages, such as litter, loitering, graffiti, and escalated noise levels;
B. 
To help ensure that alcoholic beverage sales establishments are not the source of undue public nuisances in the community;
C. 
To require alcoholic beverage sales establishments to be properly maintained so that they are not harmful to the surrounding environment; and
D. 
To monitor existing establishments to ensure they meet local and state requirements.
A. 
This chapter shall apply to applications for on-site and off-site alcoholic beverages sales establishments as defined in Part 7 (Definitions).
B. 
In the event of any inconsistency between regulations in this chapter and those outside of this chapter, the provisions of this chapter shall govern.
A. 
The review and decision-making authority for alcoholic beverages sales establishments shall depend on the type of establishment and permit required for the zone in which the alcoholic beverage establishment is proposed. Refer to Part 2 (Zoning Districts, Land Uses, and Development Standards) of the Zoning Ordinance for land use regulations for each zoning district. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.
B. 
The review and decision-making authority for alcoholic beverages sales establishments shall determine findings of public convenience and necessity required by the California State Department of Alcoholic Beverage Control.
C. 
The review authority shall be guided by the provisions of this chapter when reviewing an alcoholic beverage sales establishment application in addition to the standards of the zone in which the establishment is proposed.
D. 
The officials responsible for enforcement of the City Municipal Code or other provisions of the Zoning Ordinance or their duly authorized representatives may enter on any site or into any structure for the purpose of investigation provided they do so in a reasonable manner whenever they have cause to suspect a violation of any provision of this ordinance.
An alcoholic beverage sales activity shall not be located within certain distances of sensitive uses.
A. 
For the purposes of this chapter, all distances shall be measured by drawing a circle around the centerpoint of the unit or building containing the alcoholic beverage sales activity.
B. 
The establishment or maintenance of an alcoholic beverage sales activity shall be subject to the siting criteria setting forth minimum distances for sensitive uses and other off-site sales activity within the following radii as measured from the centerpoint of the use:
1. 
Park/Playground: 1,000 feet.
2. 
Religious Institution: 1,000 feet.
3. 
School: 1,000 feet.
4. 
Day Care Center: 1,000 feet.
5. 
Alcohol or Other Drug Abuse Recovery or Treatment Facility: 1,000 feet.
6. 
Adult Business: 1,000 feet.
7. 
General Market/Convenience Store or similar use with off-site sales activity (within a building of 5,000 square feet or less): 1,000 feet.
Businesses providing the sale or service of alcoholic beverages for on-site consumption shall comply with the following minimum performance standards. However, the Development Services Director, the Planning Commission, or City Council on appeal, may impose such additional conditions and restrictions as are found necessary or desirable to achieve the purposes of this chapter.
A. 
The business shall comply with all of the conditions of the conditional use permit or administrative use permit that authorizes its operation.
B. 
The operation of the business shall comply fully with all the rules, regulations, and orders of the California Alcoholic Beverage Control Department. Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit or administrative use permit.
C. 
The owners and all employees of the alcohol beverage sales establishment shall complete an approved, certified alcohol education course within 60 days of hire for employees hired after the passage of this ordinance or within 6 months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body designated by the State of California.
D. 
Adequate litter receptacles shall be provided. All litter shall be removed from the exterior areas around the building as required and no less frequently than once each day the business is open.
E. 
If the alcohol beverage sales establishment is abutting a residential zone or use, or other sensitive use, additional landscaping and/or sound walls may be required.
F. 
Except within City-approved outdoor eating places that are adequately separated from direct public access, no alcoholic beverages shall be consumed outside of an enclosed building.
G. 
No wine with an alcoholic content greater than 15 percent by volume shall be displayed, sold, or given away unless the following conditions are met:
1. 
The alcohol content is solely the result of the natural fermentation process,
2. 
If the alcohol content resulting from natural fermentation has been increased by the addition of wine spirits, brandy, or other alcohol, the wine must be sealed and capped by cork closure and aged for two or more years.
H. 
For restaurants, bars, taverns, and cocktail lounges, signs advertising alcoholic beverages shall be limited to no more than 50 percent of the temporary window display permitted by the sign ordinance.
I. 
No reference to liquor, any alcoholic beverage or product, or alcoholic beverage brand name may be included in any permanent signage for any establishment selling alcoholic beverages for on-site consumption other than that displayed by bars, taverns, and cocktail lounges.
J. 
Employees engaged in the sale or service of alcoholic beverages for on-site consumption shall be at least 21 years old.
K. 
For all businesses and other facilities engaged in the sale or service of alcoholic beverages for on-site consumption other than bars and taverns, the sale of alcoholic beverages shall be incidental and accessory to other permitted activities.
Businesses providing the sale or service of alcoholic beverages for off-site consumption shall comply with the following minimum performance standards. However, the Development Services Director, Planning Commission, or City Council, on appeal, may impose such additional conditions and restrictions as are found necessary or desirable to achieve the purposes of this chapter.
A. 
The business shall comply with all of the conditions of the conditional use permit or administrative use permit that authorizes its operation.
B. 
The operation of the business shall comply fully with all the rules, regulations, and orders of the California Alcoholic Beverage Control Department. Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit or administrative use permit.
C. 
The owners and all employees of the alcohol beverage sales establishment shall complete an approved, certified alcohol education course within 60 days of hire for employees hired after the passage of this ordinance or within 6 months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body designated by the State of California.
D. 
Adequate litter receptacles shall be provided. All litter shall be removed from the exterior areas around the building as required and no less frequently than once each day this business is open.
E. 
If the alcohol beverage sales establishment is abutting a residential zone or use, or other sensitive use, additional landscaping, and/or sound walls may be required.
F. 
All display of alcoholic beverages shall be located a minimum of 5 feet from the store entrance.
G. 
For establishments that sell or give away alcoholic beverages and also sell gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building. Except for liquor stores, the signage for which shall be governed by conditional use permit and the City sign ordinance, signage advertising alcoholic beverages for all other establishments selling alcoholic beverages for off-premises consumption shall be limited to no more than 50 percent of the temporary window display. No reference to liquor, any alcoholic beverage or product, or alcoholic beverage brand name may be included in any permanent signage for any establishment selling alcoholic beverages for off-site consumption other than that displayed by liquor stores.
H. 
No wine shall be displayed, sold, or given away in containers of less than 750 ml, and wine coolers shall not be sold in units less than a four pack.
I. 
No distilled spirits shall be displayed, sold, or given away in containers of less than 250 ml, except 200 ml pre-mixed cocktails.
J. 
The display, sale, or distribution of 50 ml "airport bottles" and 375 ml "hip flask" containers is prohibited.
K. 
No wine with an alcoholic content greater than 15 percent by volume shall be displayed, sold, or given away unless the following conditions are met:
1. 
The alcohol content is solely the result of the natural fermentation process,
2. 
If the alcohol content resulting from natural fermentation has been increased by the addition of wine spirits, brandy, or other alcohol, the wine must be sealed and capped by cork closure and aged for 2 or more years.
L. 
No sale or distribution of alcoholic beverages shall be made from a drive-up or walk-up window.
M. 
No display, sale, or distribution of beer or wine, wine coolers or similar alcoholic beverages shall be made from an ice tub, barrel, or similar container.
N. 
Employees engaged in the sale or distribution of alcoholic beverages shall be at least 21 years old or at least one salesperson 21 years old or older must be on the premises during all times when alcoholic beverages are sold.
The decision making authority shall make a determination to allow a new alcoholic beverage sales activity based upon the following findings:
A. 
The proposed alcoholic beverage sales activity establishment is in a zoning district in which the establishment is a permitted use.
B. 
A finding of "public convenience and necessity" if the activity will be located in an area that has been determined by the State of California Department of Alcoholic Beverage Control to have an undue concentration of licenses, as defined in Business and Professions Code Section 23958.4(a).
C. 
A finding that the alcoholic beverage sales activity will not aggravate the existing problems in the neighborhood created by the sale of alcohol, such as loitering, public drunkenness, alcoholic beverage sales to minors, noise, and littering.
D. 
The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to parks, playgrounds, religious institutions, schools, alcohol and/or drug abuse recovery or treatment facilities or adult businesses.
E. 
The proposed establishment will otherwise be compatible with existing and potential uses within the general area.
F. 
The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur.