§ 106.42.020. Alcoholic Beverage Sales

A.

Purpose. Establishments that serve alcoholic beverages receive special attention from the City because of their potential to create problems, such as littering, loitering, public intoxication and disturbances. The City shall review all establishments selling alcoholic beverages.

B.

Distance requirements. No on-sale or off-sale liquor establishment shall be maintained within 500 feet of any other on-sale or off-sale liquor establishment, or within 500 feet from the following "consideration points":

1.

Schools (public or private);

2.

Churches or other places of worship;

3.

Hospitals, clinics, or other health care facilities; and

4.

Public parks and playgrounds and other similar uses.

The distance of 500 feet shall be measured between the nearest entrances used by patrons of the establishments along the shortest route intended and available for public passage to other establishments, or to the nearest property line of any of the consideration points.

C.

Exceptions for distance requirements. Veterans clubs, bonafide restaurants, food markets, supermarkets, drugstores, brew pubs, taverns, cardrooms, or any other retail establishment where off-sale of alcoholic beverages constitute less than 20 percent of total sales, fraternal organizations, and existing alcohol serving establishments may be closer than 500 feet from one another or any of the consideration points.

D.

Permit requirements. Each on-sale alcohol establishment shall require Use Permit approval, except for:

1.

A bona-fide restaurant; and

2.

Brew pubs, taverns that close no later than 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday.

Each off-sale alcohol establishment shall require Use Permit approval, except for:

1.

Food markets, supermarkets, drugstores, brew pubs, or any other retail establishment in which off-sale of alcoholic beverages constitutes less than 20 percent of total sales. The owner/operator shall submit evidence of total sales to the City Finance Department, upon request by City officials to verify compliance with this requirement.

E.

Performance and development standards.

1.

Exterior lighting of the parking areas shall be sufficient to ensure a minimum intensity of at least one foot-candle of light throughout the parking surface at all times.

2.

The noise levels generated by the operation of such establishment shall not exceed 60 dBA on adjoining properties zoned for residential purposes and 65 dBA for commercially zoned property.

3.

All establishments shall be required to have a public telephone listing. Exterior public telephones that permit incoming calls may not be located on the premises.

4.

It shall be the responsibility of the applicant licensee to provide all employees 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 shall include the following topics and skills development:

a.

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.

b.

The effects of alcohol on the body, and behavior, including how the effects of alcohol affect the ability to operate a motor vehicle.

c.

Methods for dealing with intoxicated customers and recognizing underage customers.

5.

Off-sale liquor establishments shall provide litter and trash receptacles at convenient locations inside and outside the premises. In addition, those operators of such establishments shall remove trash and debris on a daily basis.

6.

Convenience stores (with or without associated gasoline sales) shall not sell:

a.

Wine in bottles or containers less than 750 ml except for wine based coolers;

b.

Wine coolers, whether made of wine or malt products, in quantities of less than a factory four-pack;

c.

Beer and/or malt beverages not in original factory package;

d.

Beer in single containers less than 32 ounces;

e.

Distilled spirits in containers less than 375 ml; and

f.

Distilled spirits at convenience stores that sell gasoline.

F.

Optional conditions. Further conditions that may be imposed upon the issuance of a Use Permit for on-sale or off-sale liquor establishments may include:

1.

Special security measures including off-duty police or licensed security guards, robbery and burglar alarm systems;

2.

Limitations on hours of operation; and

3.

Other conditions deemed appropriate in furtherance of the purposes of this ordinance.

G.

Violations. If the Director or the Chief of Police or their designees determine there has been a violation of this Section or any of the conditions set forth in a Use Permit issued in compliance with this Section, a report of those violations may be presented to the Commission for review. The Commission may require the annual review of the Use Permit or revocation of the Use Permit based on non-compliance.

H.

Non-conforming establishments/improvements. Notwithstanding Chapter 106.70 (Nonconforming Uses, Structures, and Parcels), any on-sale or off-sale liquor establishment lawfully existing prior to the effective date of the ordinance adopting this Section and licensed by ABC, shall obtain a Use Permit in compliance with Section 106.62.050 (Use Permit and Minor Use Permit) when:

1.

The establishment changes its retail liquor license, including a change within a license classification; or

2.

The establishment substantially changes its mode or character of operation.

I.

Modification to on-sale or off-sale liquor establishments. Any on-sale or off-sale liquor establishment which becomes lawfully established on or after the effective date of this Section and is licensed by the ABC, shall obtain a modification to its Use Permit before:

1.

The establishment changes its retail liquor license, including a change within a license classification; or

2.

The establishment substantially changes its mode or character of operation.

J.

Bonafide restaurants. A bonafide restaurant that sells alcoholic beverages may only admit persons under the age of 21 during the hours when meal service is available to its patrons.

K.

One-day on-sale licenses. The requirements of this Section shall not apply to applications for one-day licenses in compliance with Business & Professions Code Section 24045.1.

(Ord. No. 2013-006, § 1, 6-13-2013; Ord. No. 2015-005, § 3, 7-9-2015)