These regulations are established to comply with state law and state agency regulations, to better define, regulate, and enforce the sale, service, marketing, and consumption of alcohol in the city, and overall, to create a healthier community. The city finds that the imposition of standards and conditions are tailored to allow the business establishment to flourish while meeting the city's public health and safety needs. This approach would also avoid placing unnecessary conditions on existing businesses with a history of compliance with city laws and requirements.
(Ord. 25-1531 § 2, 2025)
The following words and phrases as used in this chapter are defined as follows:
A. 
"ABC license"
means the license issued by the State of California Department of Alcoholic Beverage Control.
B. 
"Alcoholic beverage"
means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, that meets the following criteria: (1) contains one-half of one percent or more of alcohol by volume; (2) is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances; and (3) sales of which require a State of California Department of Alcoholic Beverage Control License.
C. 
"Alcoholic beverage sales or service establishment"
means any business that requires a State of California Department of Alcoholic Beverage Control License.
D. 
"Sensitive use" or "sensitive land use"
means schools, youth and day care centers, parks, playgrounds, hospitals, elder care facilities, places of religious assembly, and other locations as deemed appropriate by the Zoning Administrator.
(Ord. 25-1531 § 2, 2025)
No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a use permit unless the sale or service is associated with a bona fide eating place, as defined by the State of California Department of Alcoholic Beverage Control ("ABC"), in which case, the applicable land use regulation specific to the zoning district shall apply.
(Ord. 25-1531 § 2, 2025)
The city council or planning commission may only grant a use permit for an alcoholic beverage sales or service establishment if it makes all the following findings, in addition to the findings required for approval of the use permit in accordance with PMC § 18.16.040:
A. 
The location and operating characteristics of the proposed alcohol sales will not adversely affect sensitive land uses, as defined by PMC § 18.84.1005. For the purposes of this chapter, "adversely affect" means to impact in a substantial, negative manner the safety, economic value, habitability, or use of properties in the immediate area; and
B. 
The impacts of any nearby discretionary land use that is already subject to a use permit and that also engages in alcoholic beverage sales or service are not increased; and
C. 
Conditions are placed on the use that reduce, manage, minimize, mitigate, or eliminate impacts to public health and safety, including, but not limited to, interior and exterior restrictions such as noise controls, location and use of parking areas, sound barriers, and other performance standards.
(Ord. 25-1531 § 2, 2025)
A. 
All new or expanded alcoholic beverage sales or service establishments must comply with this Article XXII.
1. 
For the purpose of this subsection, a new establishment is one that obtains a city of Pittsburg business license on or after January 1, 2026.
2. 
For the purpose of this subsection, an existing establishment is one that obtains a city of Pittsburg business license on or before December 31, 2025.
B. 
A legal nonconforming alcohol sales or service establishment use is one that is defined by Chapter 18.76 PMC, in addition to those locations in a census tract with more than the recommended maximum concentration of the applicable on- or off-premises sales use, as recommended by the State of California Department of Alcoholic Beverage Control Board. If the use of alcohol sales or service is considered a legal nonconforming use, the use is subject to nonconforming use limitations described therein.
(Ord. 25-1531 § 2, 2025)
An alcoholic beverage sales or service establishment shall meet the minimum standards below:
A. 
A use permit shall be reviewed and approved by the planning commission or city council prior to operating or establishing a business. Additionally, no person shall dispense for sale or other consideration alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a use permit, unless the sale or service is associated with a bona fide eating place, as defined by the State of California Department of Alcoholic Beverage Control, in which case, the applicable land use regulation specific to the underlying zoning district shall apply.
B. 
A copy of the use permit, conditions of approval, and the ABC license must be kept on the premises and presented to any law enforcement officer or authorized city official upon request.
C. 
The use shall not be located within 600 feet of sensitive land uses in the surrounding area as measured from the main entrance of the alcohol sales or service establishment to the nearest access point of the other use, following the shortest publicly accessible path of travel, including but not limited to streets, alleys, sidewalks, pathways, or trails. However, in no event shall an alcoholic beverage sales or service establishment be located less than 1,000 feet from any legally established school, as measured by the shortest direct line distance as measured from the main entrance of the alcoholic beverage sales or service business to the nearest parcel boundary of the other use.
1. 
This minimum distance requirement shall not apply if the sale or service of alcoholic beverages is associated with a bona fide eating place, as defined by the State of California Department of Alcoholic Beverage Control, in which case, the applicable land use regulation specific to the underlying zoning district shall apply.
2. 
This minimum distance requirement shall not apply to uses within the "downtown" subarea of the general plan or any commercially zoned area(s) larger than 10 congruent acres, excepting therefrom any public roadways that may intersect.
3. 
This minimum distance requirement shall not apply to grocery stores or drug stores.
D. 
The use shall not be located in a census tract with more than the recommended maximum concentration of the applicable on- or off-premises sales use, as recommended by the State of California Department of Alcoholic Beverage Control Board, or with a high crime rate as reported by the Pittsburg police department unless the city manager, in consultation with the chief of police, has made a determination of public convenience or necessity as provided for by state law.
E. 
Sale of alcoholic beverages shall be limited to 8:00 a.m. to 10:00 p.m., daily, unless the city council or planning commission has approved a use permit allowing for additional hours of operation; however, the sale of beer and wine within a bona fide eating place shall be restricted to between the hours of 6:00 a.m. to 12:00 a.m.
F. 
The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises for off-sale alcoholic beverage sales or service establishments. For on-sale alcoholic beverage sale and service establishments, consumption of beverages must follow the PMC regulations and applicable outdoor dining permit, as required by PMC § 18.84.430, for regulations for outdoor sale, service, or consumption of alcoholic beverages.
G. 
The sale of the following products for off-site consumption within any business not legally operating on or prior to December 31, 2025, shall be prohibited unless the city council or planning commission has approved a use permit explicitly allowing for:
1. 
Wine in containers less than 750 milliliters.
2. 
Distilled spirits in containers less than 375 milliliters.
3. 
Malt beverage products, including flavored malt beverage products, with alcohol content greater than five and one-half percent by volume. A "flavored malt beverage" product is a malt beverage product to which is added an alcoholic or other flavoring ingredient and is labeled or packaged in a manner that is similar to labeling or packaging used for nonalcoholic beverages such as sodas, teas, lemonades, fruit punches, energy drinks, and slushes.
4. 
Wine with an alcoholic content greater than 14 percent by volume unless in corked bottles and aged at least two years.
5. 
Single containers of beer or malt liquor less than 24 ounces.
H. 
The owner or operator of the use shall prevent loitering or other activity that would be a nuisance to the public. Notices shall be prominently displayed that prohibit loitering and littering and request patrons not to disturb neighbors or block driveways.
I. 
The alcoholic beverage sales or service establishment shall be maintained free of litter and graffiti at all times. The owner or operator is responsible for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks and streets within 20 feet of the premises.
J. 
Alcoholic beverage sales or service establishments shall be limited to 10 percent window sign-age. All signage proposed shall follow PMC Title 19 for sign regulations.
K. 
No alcoholic beverage sales or service establishments located in a building or structure with exterior windows shall block visibility into the interior business area through the use of curtains, closed blinds, tints, or any other material that hides, obstructs, blurs, or unreasonably darkens the view into the establishment.
M. 
All businesses that engage in retail alcoholic beverage sales or service shall be subject to inspection by the chief of police, or their designee, to ensure that criminal or nuisance activities are not occurring on or near the premises.
N. 
The alcoholic beverage sales or service establishment shall not result in jeopardizing, endangering, or any other adverse effects to the health, peace or safety of persons residing or working in the surrounding area.
O. 
The alcoholic beverage sales or service establishment shall 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.
P. 
The alcoholic beverage sales or service establishment shall not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance, or statute.
Q. 
The alcoholic beverage sales or service establishment shall operate with characteristics that are compatible with, and will not adversely affect, the livability or appropriate development of abutting properties and the surrounding area.
R. 
If the alcoholic beverage sales or service establishment operates in violation of the alcohol performance standards as described in PMC § 18.84.1020, any adopted condition of approval, or any other regulation prescribed by this code, the planning commission may revoke the use permit using the "grounds for revocation of use permit or variance" pursuant to PMC § 18.28.100. Revocation of the establishment's business permit may also commence, pursuant to PMC § 5.12.200, Grounds for revocation.
(Ord. 25-1531 § 2, 2025)