(a) 
Purpose. The purpose of this chapter is to establish standards for the City's alcohol establishments, and specifically requires Conditional Use Permits for the operation of certain alcohol beverage sales activities and confers deemed approved status for such existing alcohol beverage sales activities that constitute legal nonconforming uses. Enforcement of these provisions shall be subject to the provisions of Chapter 1.12 of the Municipal Code.
(b) 
Intent. The regulations described in this chapter have been developed for the following purposes:
(1) 
To protect residential, commercial, industrial, civic and institutional areas and minimize the adverse impacts of nonconforming and incompatible uses;
(2) 
To provide mechanisms to address problems often associated with the locations of alcohol sale establishments such as litter, loitering, graffiti, and unruly behavior, and ensure that alcohol beverage sales establishments are not the source of public nuisances in the community;
(3) 
To provide for properly maintained alcohol beverage sales establishments so that the negative impacts generated by these activities are not harmful to the surrounding environment in any way;
(4) 
To monitor deemed approved establishments to ensure they do not substantially change in mode or character of operation;
(5) 
To provide opportunities for alcohol beverage sales establishments to operate in a mutually beneficial relationship to each other and to other surrounding uses.
(Ord. 465 § 9, 2025)
The meaning and construction of the words and phrases set forth below shall apply throughout this chapter, except where the context clearly indicates a different meaning or construction:
(a) 
"Alcohol Beverage."
Alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, liquor, 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 ABC license.
(b) 
"Alcohol Beverage Sales Facility."
The retail sale of alcohol beverages for on site or off site consumption.
(c) 
"Alcohol Beverage Sales Establishment."
An establishment where alcohol beverage sales activity occurs. Alcohol beverage sales establishments including, but not limited to, the following recognized types of establishments: grocery stores, liquor stores, beer and wine stores, convenience markets, specialty food markets, retail sales establishments, wine shops, bowling alleys, billiard or game parlors, service stations, social halls, taverns, cocktail lounges, dance halls, nightclubs, bars, and alcohol beverage tasting rooms. This definition excludes fast food establishments, restaurants (serving of alcohol beverages with meals only), manufacturing, wholesale, and temporary events.
(d) 
"California Department of Alcohol Beverage Control" or "ABC."
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 alcohol beverage control act.
(e) 
"Condition of Approval."
Requirements that must be carried out by a new alcohol beverage sales activity in connection with a conditional use permit, or by a legal nonconforming alcohol beverage sales activity to comply with deemed approved performance standards to retain its deemed approved status.
(f) 
"Deemed Approved Activity."
Any legal nonconforming alcohol beverage sales activity. Such activity shall be considered a deemed approved activity as long as it complies with the deemed approved performance standards set forth in this chapter.
(g) 
"Deemed Approved Status."
The permitted use of land for a deemed approved activity. Deemed approved status replaces legal nonconforming status with respect to an alcohol beverage sales activity and remains in effect as long as the activity complies with the deemed approved provisions and performance standards.
(h) 
"Illegal Activity."
An activity which has been determined to be in noncompliance with the deemed approved provisions and performance standards. Such an activity shall lose its deemed approved status and shall no longer be considered a deemed approved activity.
(i) 
"Legal Nonconforming Alcohol Beverage Sales Activity" or "Legal Nonconforming Activity."
An alcohol beverage sales activity which was a nonconforming use pursuant to the City's nonconforming use regulations and for which a valid ABC license had been issued and used in the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date hereof. Such an activity shall be considered a deemed approved activity and shall no longer be considered a legal nonconforming activity.
(j) 
"Operational Standards."
Regulations for the business practice activities and land use for locations with a conditional use permit or those further requirements imposed to achieve these goals. Operational standards constitute requirements which must be complied with by an establishment in order to maintain its conditional use permit.
(k) 
"Performance Standards."
Regulations for the business practice activities and land use for locations with deemed approved status or those further requirements imposed to achieve these goals. Performance standards constitute requirements which must be complied with by an establishment in order to retain its deemed approved status.
(l) 
"Permit."
A Conditional Use Permit issued pursuant to this chapter.
(m) 
"Permittee."
The individual or entity that owns an alcohol beverage sales establishment and to whom a conditional use permit to operate an alcohol beverage sales establishment has been issued by the City.
(n) 
"Restaurant."
A bona fide eating establishment where a dining area is provided to eat meals that are prepared and served on the premises and alcohol beverage sales do not exceed fifty percent (50%) of all sales at any time.
(o) 
"Surrogate Sales."
The purchasing of alcohol by an individual on behalf of another individual, typically an adult purchasing alcohol on behalf of or for consumption by a minor.
(p) 
"Type 21 Licensed Establishment."
A type of license provided by ABC for an establishment that allows for the off-premises sales of beer, wine, and liquor.
(Ord. 465 § 9, 2025)
(a) 
Conditional use permit requirement. The general purpose of these regulations is to protect and promote the public health, safety, comfort, convenience, prosperity and general welfare by requiring consideration and approval of a discretionary land use approval before certain new alcohol beverage sales activities are permitted. This chapter alone does not allow or permit alcohol beverage sales activities, but only applies to these activities where otherwise allowed or permitted within an applicable land use or zoning district. All new alcohol beverage sales establishments are required to comply with the operational standards and objectives set forth in this chapter. The provisions of this chapter are intended to complement the state of California alcohol related laws. The City does not intend to replace or usurp any powers vested in the ABC. Businesses are also required to have a City-issued business license.
(b) 
Specific establishments subject to requirement. The following establishments shall require a Conditional Use Permit:
(1) 
Type 21 Licensed Establishments, except for grocery and retail stores where alcohol sales are incidental to the interior retail sales of food and home goods and where alcohol sales and alcohol storage occupies no more than 10% of the interior retail store area, excluding areas for tobacco-related products.
(c) 
Additional findings for approval. In addition to the standard Findings for approval of a Conditional Use Permit, the Planning Commission shall also determine that the following is also true:
(1) 
The establishment is in a land use district in which the establishment is a conditionally permitted use.
(2) 
That the operations of the establishment do not cause or result in adverse effects to the health, welfare, peace or safety of persons visiting, residing, working, or conducting business in the surrounding area.
(3) 
That the establishment does not jeopardize or endanger the public health or safety of persons visiting, residing, working or conducting business in the surrounding area.
(4) 
That the operations of the establishment will not aggravate existing problems in the neighborhood created by the sale of alcohol 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, 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.
(5) 
The establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, social service offices, or other alcohol beverages sales activity establishments.
(6) 
The establishment will otherwise be compatible with existing and potential uses within the surrounding area.
(7) 
If the activity will be in an area that has been determined by the ABC to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a), a separate Finding of "public convenience and necessity" shall also be issued.
(d) 
Use-specific standard conditions of approval. As part of the approval of certain alcohol establishments, the Planning Commission may incorporate the following standard conditions of approval:
(1) 
Operations.
(A) 
Posting of signs: The following signs may be required to be prominently posted in a readily visible manner in English, Spanish, and the predominant language of the patrons:
(i) 
"California State Law Prohibits The Sale Of Alcohol Beverages To Persons Under 21 Years Of Age"
(ii) 
"No Loitering Or Public Drinking"
(iii) 
"It Is Illegal To Possess An Open Container Of Alcohol In The Vicinity Of This Establishment"
(B) 
Presentation of documents: A copy of the conditions of approval and the ABC license may be required to be kept on the premises of the establishment and presented to any law enforcement officer or authorized state or City official upon request.
(C) 
Mitigating alcohol related problems: The establishment may be required to operate in a manner appropriate with mitigating alcohol related problems that negatively impact those individuals living or working in the neighborhood including, but not limited to, sales to minors, surrogate sales, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise and litter.
(D) 
Loitering: The establishment's operators or employees may be required to discourage loiterers and to ask persons loitering longer than fifteen (15) minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.
(E) 
Hours of operation: The sale of alcohol beverages may be restricted to certain hours of each day of the week unless limited further by the ABC, particularly to coincide with adjoining land uses (such as school hours).
(F) 
Business licenses: Uses subject to the provisions of this Chapter shall maintain an annual City Business License.
(2) 
Sale limitations.
(A) 
Single serving beverages. To discourage nuisance activities, alcohol beverage sales establishments may be prohibited from selling one or more of the following products:
(i) 
Single containers of beer or malt liquor.
(ii) 
Containers of beer or malt liquor not in their original factory packages of 6-packs or greater.
(iii) 
Individual containers of beer or malt liquor larger than twenty-four (24) to thirty-nine (39) ounces.
(iv) 
Distilled spirits in bottles or containers smaller than three hundred seventy-five milliliters (375 ml).
(v) 
Cooler products, either wine in bottles that are less than seven hundred milliliters (750ml), or malt beverage-based beverages, in less than 4-pack quantities.
(B) 
Chilled alcohol beverages: An alcohol beverage sales establishment may be prohibited from maintaining refrigerated or otherwise chilled alcohol beverages on the premises.
(C) 
Cups: An alcohol beverage sales establishment may be prohibited from the sale or distribution of paper or plastic cups in quantities less than their usual and customary packaging to their customers.
(3) 
Security.
(A) 
Security cameras: The establishment shall be required to implement a video camera safety plan which may include:
(i) 
Digital video camera system which records activity of patrons and employees at service counters, store entrances and exits, parking lot entrances and exits, and primary parking areas.
(ii) 
Video recordings must be stored and retrievable for a minimum period of seven (7) days from the time of recording.
(iii) 
Video clarity must be such that a person's facial features can be identified from the video.
(iv) 
The video system must be engaged, and recording at all times, while the establishment is open to the public. The system must be maintained in working order at all times.
(v) 
The video system must be approved by the Yucaipa Police Department.
(B) 
Vegetation: Any required exterior vegetation shall be maintained in a manner that minimizes its use as a hiding place.
(Ord. 465 § 9, 2025)
(a) 
All new alcohol beverage sales establishments shall be designed, constructed, and operated to conform to all of the following operational standards:
(1) 
That the establishment does not result in adverse effects to the health, welfare, peace or safety of persons visiting, residing, working, or conducting business in the surrounding area.
(2) 
That the establishment does not jeopardize or endanger the public health or safety of persons visiting, residing, working, or conducting business in the surrounding area.
(3) 
That the establishment does not result in repeated nuisance activities within its 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, 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.
(4) 
That the establishment complies with all provisions of local, state and/or federal laws, regulations or orders, including, but not limited to, those of the ABC, California Business And Professions Code sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders.
(5) 
That the establishment's upkeep and operating characteristics are compatible with, and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
(6) 
That the owners and all employees of the establishment complete an approved course in "responsible beverage sales" (RBS) within sixty (60) days of hire for employees hired after the passage of this chapter, or within six (6) months of the passage of this chapter for existing employees. To satisfy this requirement, a certified program must meet the standards of the California coordinating council on responsible beverage service (CCC/RBS) or other certifying/licensing body designated by the state of California.
(b) 
A copy of the operational standards, any applicable ABC or City operating conditions, and any 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.
(c) 
Noncompliance with the standards may result in the suspension or revocation of the Conditional Use Permit for the establishment. The City shall utilize its enforcement processes listed under Chapter 1.12 of the Municipal Code, and once the third citation has been issued, the revocation process listed under Section 83.030323 of the Development Code may be initiated.
(Ord. 465 § 9, 2025; Ord. 469 § 3, 2025)
(a) 
The deemed approved alcohol beverage sales regulations shall apply to all alcohol beverage sales activities that are subject to a Conditional Use Permit requirement pursuant to this chapter and that have been legally established and operating, without a Conditional Use Permit, within the City as of the effective date hereof. Each deemed approved activity shall retain its deemed approved status if it complies with the performance standards of this chapter. The occurrence of any of the following shall terminate the deemed approved status of the alcohol beverage sales activity and require the issuance of a Conditional Use Permit to continue the alcohol beverage sales activity:
(1) 
An existing alcohol beverage sales establishment changes its activity so that ABC requires a different type of license.
(2) 
There is a substantial modification to the mode or character of operation.
(3) 
As used herein, the phrase "substantial change of mode or character of operation" includes, but is not limited to, the following:
(A) 
The off-site alcohol beverage sales establishment increases the floor or land area or shelf space devoted to the display or sales of any alcohol beverage.
(B) 
The off-site alcohol beverage sales establishment extends the hours of operation.
(C) 
The alcohol beverage sales establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period greater than thirty (30) days by ABC.
(D) 
The alcohol beverage sales establishment voluntarily discontinues active operation for more than ninety (90) consecutive days or ceases to be licensed by the ABC.
(4) 
A substantial change in the mode of character of operation shall not include:
(A) 
Reestablishment, restoration or repair of an existing alcohol beverage sales establishment on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the reestablishment, restoration or repair does not increase the sales or service of any alcohol beverage, extend the hours of operation of any establishment or add to the capacity, floor or land area or shelf space devoted to alcohol beverages of any establishment that sells or serves any alcohol beverages.
(B) 
Temporary closure for not more than ninety (90) days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not increase the sales or service of any alcohol beverage, extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcohol beverages of any establishment that sells or serves any alcohol beverages.
(5) 
If it is determined by the City that there has been a discontinuance of active operation for ninety (90) consecutive days or a cessation of ABC licensing, it may be resumed only upon the granting of a Conditional Use Permit as provided in this chapter.
(b) 
Operational standards. All deemed approved alcohol beverage establishments shall comply and satisfy the provisions identified in Section 88.01815 of this chapter.
(c) 
Notification of deemed approved establishments. The City shall notify the owner of each deemed approved activity, and, if not the same, any property owner at the address shown on the property tax assessment records of the activity's deemed approved status. The notice shall be sent by U.S. first class mail and certified mail return receipt requested and shall include a copy of the operational standards in this chapter with the requirement that they be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review. This notice shall also provide that the activity is required to comply with all operational standards and that the activity is required to comply with all other aspects of the deemed approved regulations. Failure of any person to receive notice given pursuant to this chapter shall not affect the deemed approved status of the activity.
(d) 
Enforcement of violations. Deemed approved establishments shall be subject to the same procedures as those identified under Section 88.01815(c) of this Chapter.
(Ord. 465 § 9, 2025)