Arvin Municipal Code Ch. 5.28 Alcoholic Beverage Sales

Footnotes:

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Editor's note— Ord. No. 425, § 2, adopted Nov. 17, 2015, amended Ch. 5.28 in its entirety to read as herein set out. Former Ch. 5.28, §§ 5.28.010—5.28.050, pertained to similar subject matter, and derived from Ord. 219 §§ 1—4 , 1986; Ord. 224, 1988; Ord. 295, 1996.

For the purpose of this chapter only, the following terms shall be defined as follows:

A. "Alcoholic beverage" means alcohol, spirts, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, that contain 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 license issued by the California Department of Alcoholic Beverage Control.

B. "Alcoholic beverage sales establishment" means an establishment where an alcoholic beverage sales activity occurs. Alcoholic beverage sales establishments include but are not limited to the following recognized types of establishments: liquor stores, beer and wine stores, convenience markets, markets, neighborhood specialty food markets, retail sales establishments, wine shops, service stations, taverns, clubs, cocktail lounges, ballrooms, cabarets, dance bars, piano bars, billiard or game parlors, bowling alleys, nightclubs, dance halls, cafes, bars, restaurants, with bars, full-service restaurants, fast food establishments, and breweries. For purposes, of this chapter, an "alcoholic beverage sales establishment" also includes a general retail store, a grocery store and a retail pharmacy that devotes any percentage of its gross floor area to the sale and display of alcoholic beverages.

C. "Bona fide public eating place" means licensed premises which are maintained in good faith and used for the regular service of meals to patrons. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. (Business and Professions Code Section 23038).

D. Conditional Use Permit. For the purpose of this chapter, "conditional use permit" shall be as defined in Chapter 17.56 of the Arvin Municipal Code.

E. "Deemed approved activity" means any existing permitted or conditionally permitted alcoholic beverage sales activity. Such activity shall be considered a deemed approved activity effective January 1, 2016 as long as it complies with the deemed approved performance standards set forth in Section 5.28.037.

F. "Deemed approved status" means the permitted use of land for a deemed approved activity.

G. "Enforcement officer" means the city manager or designee, and chief of police or designee."

H. "Off-sale alcoholic beverage establishment" means an establishment that conducts retail sales of alcoholic beverages for consumption off the premises where sold. For purposes of this chapter, an "off-sale alcoholic beverage establishment" does not include a lawfully established alcohol beverage production manufacturer such as a winery, brewery, or micro-brewery that sells alcohol for off-site consumption.

I. "On-sale alcoholic beverage establishment" means an establishment that conducts retail sales of alcoholic beverages for consumption on the premises were sold.

J. "Operational standards" means regulations for the business practice activities and land use for locations with a conditional use permit issued in conformance with the regulations in this chapter on or after January 1, 2016 or those further requirements imposed on off-sale alcoholic beverage establishments to achieve the purpose of this chapter. Operational standards constitute requirements which must be complied with by an establishment in order to maintain its conditional use permit or deemed approved status.

K. "Performance standards" means regulations for the business practice activities and land use for locations with deemed approved status, in whole or in part, or those further requirements imposed to achieve the purpose of this chapter. Performance standards constitute requirements which must be complied with by an off-sale alcoholic beverage establishment in order to retain its deemed approved status.

(Ord. No. 425, § 2, 11-17-2015)

A. The city council hereby declares that except as provided in subsection B all new alcoholic beverage sales establishments shall only be permitted upon the granting of a conditional use permit by the planning commission pursuant to Chapters 17.56 and 17.54.

B. Unless otherwise required by this chapter, a conditional use permit shall not be required of an alcoholic beverage sales establishment consisting of a general retail store, a grocery store, or a retail pharmacy which has (1) at least ten thousand (10,000) square feet of gross floor space, and (2) a maximum of ten (10) percent of the gross floor area devoted to the sale and display of alcoholic beverages. A conditional use permit shall not be required of an alcoholic beverage production manufacturer with an accessory tasting room. A conditional use permit shall not be required of bona fide public eating place. An alcoholic beverage establishment exempt from the requirement of a conditional use permit pursuant to this subsection is deemed to have been approved to conduct alcoholic beverage sales commercial activity subject to the terms and conditions of a conditional use permitted required under this chapter provided, however, that if it is found to be in violation of this chapter such an exempt establishment may lose its exemption and be required to obtain a conditional use permit as set forth in Section 5.28.039.

(Ord. No. 425, § 2, 11-17-2015)

An alcoholic beverage sales establishment that has obtained a conditional use permit to operate may not be continued or reestablished, if any of the following occur after the effective date of the ordinance codified in this chapter:

A. The establishment changes its type of retail liquor license within a license classification; or

B. The operation of the establishment is abandoned or discontinued, including the case where the license for such operation is suspended; or

C. There is a substantial change in the mode or character of the operation of the establishment.

(Ord. No. 425, § 2, 11-17-2015)

All new, modified, or redeveloped alcoholic beverage sales activities shall be designed, constructed, and operated to conform to all of the following operational standards:

A. That it does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

B. That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

C. That it does 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, 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.

D. That it complies with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, California Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual city business license fees.

E. That its upkeep and operating characteristics are compatible with, and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

F. Training: Each on-sale operator and their employees shall complete the Responsible Beverage Service (RBS) Training component. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board or other certifying/licensing body designated by the state of California. Proof of completion shall be submitted to the Arvin police department and annually to the Arvin City Clerk as a pre-condition to the city issuing the operator a new business license.

(Ord. No. 425, § 2, 11-17-2015)

A. All new, modified, or redeveloped off-sale alcoholic beverage sales activities shall be designed, constructed, and operated to conform to all of the following operational standards:

1. That it does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

2. That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

3. That it does 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, 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 it complies with all provisions of local, state 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. This includes compliance with annual city business license fees.

5. That its 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 it complies with the following alcohol sale limitations:

a. No wine shall be displayed, sold or given away in containers of less than seven hundred fifty (750) milliliters, except multipack containers of wine, and multipack wine coolers containing no more than six (6) percent alcohol by volume.

b. No wine shall be displayed, sold or given away with an alcoholic content greater than fifteen (15) percent by volume unless in corked bottles and aged at least two (2) years.

c. No distilled spirits shall be displayed, sold or given away in containers of less than three hundred seventy-five (375) milliliters, except pre-mixed cocktails.

d. The display, sale or distribution of fifty (50) milliliters "airline bottles" and three hundred seventy-five (375) milliliters "hip flask" containers is prohibited.

e. No beer, ale or malt liquor shall be offered for sale in a container with a volume greater than thirty-two (32) ounces. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of two (2) or more gallons, which are clearly designed to dispense multiple servings.

f. No sale or distribution of alcoholic beverages shall be made from a drive-up or walk-up window.

g. 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.

h. All display of alcoholic beverages shall be no closer than five (5) feet from the store entrance.

7. That it complies with the following public nuisance prevention measures:

a. Lighting: Exterior areas of the premises and adjacent parking lots shall be provided with sufficient lighting in a manner that provides adequate illumination for alcohol establishment patrons while not spilling onto surrounding residential and commercial properties. A photometric study may be required to demonstrate compliance.

b. Litter: Adequate litter receptacles shall be provided on site and in the building. The premises shall be kept free of the accumulation of litter and shall be removed no less frequently than once each day the business is open.

c. Loitering: The following measures may be required:

i. No fixtures or furnishings that encourage loitering and nuisance behavior are permitted on the premises. This includes, but is not limited to chairs, seats, stools, benches, tables, crates, etc.

ii. The establishment's operators or employees shall 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.

iii. No video or other electronic games shall be located in an off-sale alcoholic beverage establishment.

iv. No pay phones are permitted outside of the off-sale establishment.

d. Cups: The sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging is prohibited.

e. Signage: There shall be no exterior advertising of alcoholic products, or tobacco and paraphernalia or similarly controlled products.

f. Signs: The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English, Spanish and the predominant language of the patrons:

i. "California State Law prohibits the sale of alcoholic beverages to persons younger than twenty-one (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."

g. Presentation of Documents: A copy of the conditions of approval and the California Department of Alcoholic Beverage Control license shall be required to be kept on the premises and presented to any enforcement officer or authorized state or county official upon request.

h. Mitigating Alcohol Related Problems: The establishment shall 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, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, drug use, loud noise and litter.

i. Drug Paraphernalia: An off-sale alcohol establishment shall be prohibited from selling drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5. "Drug paraphernalia" means all equipment products and materials of any kind that are used intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000.

j. Prohibited Vegetation: Exterior vegetation shall not be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in a manner that minimizes its use as a hiding place.

k. Window Obstructions: To ensure a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance, no more than fifteen (15) percent of windows and entry doors shall be blocked by signs, vending machines, shelves, racks, storage, etc.

l. Training: Each off-sale operator and their employees shall complete the Responsible Beverage Service (RBS) Training component. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board or other certifying/licensing body designated by the state of California. Proof of completion shall be submitted to the Arvin police department and annually to the Arvin City Clerk as a pre-condition to the City issuing the operator a new business licensem.

m. Posting of Documents: A copy of these operational standards, any applicable ABC or city operating conditions, and any training requirements shall be posted in at least one (1)prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

B. Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit.

(Ord. No. 425, § 2, 11-17-2015)

An alcoholic beverage sales establishment's conditional use permit may be suspended for up to one (1) year, modified or revoked by the planning commission after holding a public hearing in the manner prescribed in Section 17.54.130 for failure to comply with operational standards, training requirements or conditions of approval imposed through their conditional use permit. Notice of such hearing by the planning commission at which it will consider the modification, suspension or revocation of an establishment's conditional use permit shall be in writing and shall state the grounds therefore. At least ten (10) days prior to the date of the hearing, written notices shall be mailed by first-class mail and certified mail return receipt requested to the operator at the address set forth on the operator's businesses license and to any owner of the property on which the establishment is located at the address shown on the county assessor's property tax assessment records.

(Ord. No. 425, § 2, 11-17-2015)

Any applicant or other person aggrieved by a decision of the planning commission to suspend, modify or revoke a conditional use permit pursuant to this chapter may appeal the decision to the city council pursuant to Section 17.54.130 of this code.

(Ord. No. 425, § 2, 11-17-2015)

Except as otherwise provided in this chapter, any permitted or conditionally permitted alcoholic beverage sales establishment, and legal nonconforming alcoholic beverage sales establishment lawfully operating prior to January 1, 2016 pursuant to an ABC license that authorizes the retail sale of alcoholic beverages for off-site or on-site consumption shall thereafter be an establishment with deemed approved status in accordance with Section 5.28.036. In addition, any alcoholic beverage establishment exempt from the requirement to obtain a conditional use permit pursuant to subsection (B) of Section 5.28.020 that lawfully commences operations on or after January 1, 2016 shall be an establishment with deemed approved status for purposes of this chapter. Such establishment may continue to lawfully operate provided the operation is conducted in compliance with the performance standards contained in Section 5.28.037, and has satisfied the applicable training requirements.

(Ord. No. 425, § 2, 11-17-2015)

All alcoholic beverage sales commercial activities not consistent with the standards and regulations set forth in this chapter that were conducted by permitted or conditionally permitted activities, and all legal nonconforming activities for off-sale alcohol establishments, on January 1, 2016, shall automatically become deemed approved activities as of January 1, 2016, and shall no longer be considered permitted, conditionally permitted or legal nonconforming activities. In addition, all alcoholic beverage sales commercial activities of an alcoholic beverage sales establishment exempt from the requirement to obtain a conditional use permit pursuant to subsection (B) of Section 5.28.020 that lawfully commence operations on or after January 1, 2016 that are not consistent with the standards and regulations set forth in this chapter are deemed approved activities. Each deemed approved activity shall retain its deemed approved status as long as it complies with the performance standards of this ordinance.

(Ord. No. 425, § 2, 11-17-2015)

The provisions of this section shall be known as the deemed approved performance standards. The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales activities. These standards shall apply to all deemed approved alcoholic beverage sales activities that hold deemed approved status pursuant to this chapter. An on-sale alcoholic beverage sale activity shall retain its deemed approved status only if it conforms to all of the operational standards set forth in the Section 5.28.031. An off-sale alcoholic beverage sales activity shall retain its deemed approved status only if it conforms to all of the following deemed approved performance standards:

A. The off-sale alcohol establishment shall not cause adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

B. The off-sale alcohol establishment shall not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

C. The off-sale alcohol establishment shall not allow 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, or lewd conduct.

D. The off-sale alcohol establishment shall comply with all provisions of local, state 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. This includes compliance with annual city business license fees.

E. The off-sale alcohol establishment's upkeep and operating characteristics shall be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

F. A copy of these performance standards, any applicable ABC or city operating conditions, and any training requirements shall be posted in at least one (1) prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

G. The owners and all employees of the alcohol beverage sales establishment involved in the sale of alcoholic beverages shall complete an approved course in "responsible beverage sales" (RBS) within sixty (60) days of hire for employees hired after the passage of this ordinance or within six (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 (CCC/RBS) or other certifying/licensing body designated by the state of California. Proof of completion shall be submitted to the Arvin police department and annually to the Arvin City Clerk as a pre-condition to the city issuing the operator a new business license.

(Ord. No. 425, § 2, 11-17-2015)

The city's police department shall notify the owner and/or operator of an on-sale or off-sale alcohol establishment of each deemed approved activity as shown on their city business license, and also, if not the same, any property owner at the address shown on the county assessor's property tax assessment records, of the activity's deemed approved status. The notice shall be sent by first-class mail and certified mail return receipt requested and shall include a copy of the performance 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 performance standards, and that the activity is required to comply with all other aspects of the deemed approved regulations. Should the notice be returned, then the notice shall be sent via regular mail. Failure of any person to receive notice given pursuant to this chapter shall not affect the deemed approved status of the activity.

(Ord. No. 425, § 2, 11-17-2015)

A. An alcoholic beverage sales establishment's deemed approved status may be suspended for up to one (1) year, modified or revoked by the planning commission after holding a public hearing in the manner prescribed in Section 17.54.130, for failure to comply with the performance standards set forth in Section 5.28.037. Notice of such hearing by the planning commission at which it will consider the modification, suspension or revocation of an establishment's deemed approved status shall be in writing and shall state the grounds therefore. Notice shall be mailed by first-class mail and certified mail return receipt requested at least ten (10) days before the date of the hearing.

B. The occurrence of any of the following shall terminate the deemed approved status of the alcoholic beverage sales activity after notice and a hearing in front of the planning commission in accordance with Section 17.54.130, and require the issuance of a conditional use permit in order to continue the alcoholic beverage sales activity:

1. An existing alcoholic beverage sales activity 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 modification to the mode or character of operation" includes but is not be limited to the following:

a. The off-sale alcoholic beverage sales activity establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage.

b. The off-sale alcoholic beverage sales activity establishment extends the hours of operation.

c. The off-sale alcoholic beverage sales activity establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period one hundred eighty (180) days or greater by ABC.

d. The off-sale alcoholic beverage sales activity voluntarily discontinues active operation for more than one hundred eighty (180) 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. Re-establishment, restoration or repair of an existing off-sale alcoholic beverage sales activity 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 re-establishment, restoration or repair does not extend the hours of operation of any establishment or add to the capacity, floor or land area or shelf space devoted to alcoholic beverages of any establishment that sells any alcoholic beverages for off-site consumption.

b. Temporary closure for not more than one hundred eighty (180) 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 extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment that sells any alcoholic beverages for off-site consumption, provided notice is provided to the city. The planning commission may, upon request of an owner of an alcoholic beverage sales establishment made prior to the expiration of one hundred eighty (180) days, grant one (1) or more extensions to the period of temporary closure, none of which may exceed sixty (60) days, and together not to exceed one hundred eighty (180) days.

5. Once it is determined by the City that there has been a discontinuance of active operation for one hundred eighty (180) consecutive days or a cessation of ABC licensing, it may be resumed only upon the granting of a conditional use permit as provided in Sections 5.28.020 and Chapters 17.54 and 17.56. In the event that any active operation is discontinued on a property for a period of one hundred eighty (180) consecutive days, such discontinuance shall be presumed to be abandonment of the use by the property owner. At any time after any active operation is discontinued for a period of one hundred eighty (180) consecutive days or more, the city manager's designee shall notify the property owner in writing of the determination of presumed abandonment of the active operation. The property owner may appeal the determination to the planning commission by filing with the city manager a written notice of appeal within fifteen (15) days of delivery of the city manager's determination. At a public hearing noticed as provided for in Section 17.54.130, the planning commission may overturn the determination only upon making a finding that the evidence supports the property owner's position that the nonconforming use was not discontinued for a period of one hundred eighty (180) consecutive days or more. The property owner shall be notified by the city of the termination of the deemed approved status and shall be informed of the property owner's right to appeal the city's decision to the planning commission.

(Ord. No. 425, § 2, 11-17-2015)

The regulations of this chapter are in addition to those set forth in the zoning provisions of Title 17 of the Arvin Municipal Code, and do not contain any rights not otherwise granted under the provisions and procedures contained in Title 17 of this code.

(Ord. No. 425, § 2, 11-17-2015)

Any applicant or other person aggrieved by a decision of the planning commission from a suspension, modification or revocation of an establishment's deemed approved status pursuant to this chapter may appeal the decision to the city council pursuant to Section 17.54.130 of this code.

(Ord. No. 425, § 2, 11-17-2015)

A. Purpose. The Surgeon General of the United States has advised women who are pregnant, or considering pregnancy, not to drink alcoholic beverages. Recent research indicates that alcohol consumption during pregnancy, especially in the early months, can harm the fetus, and result in birth defects involving heart and bone structure. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to educate the public by requiring that warning signs be placed at all locations where alcoholic beverages are sold to the public.

B. Duty to Post Signs or Notices.

1. Any person or entity who owns, operates, manages, leases or rents premises that operate an alcoholic beverage sales establishment shall cause a sign or notice to be posted on the premises as provided in this section. The sign or notice shall read as follows:

WARNING. DRINKING ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.

2. It shall also contain the telephone number of the county department to call for more information.

3. The sign or notice as required herein shall not be smaller than ten inches (10") wide by ten inches (10") long, nor shall the lettering for the required wording be less than one inch (1") in height.

C. Placement of Notice. The required sign or notice shall be placed as follows:

1. Where the sale or dispensing of wine, beer or other alcoholic beverage to the public is primarily intended for consumption off the premises, at least one (1) sign shall be so placed as to assure that it is conspicuously displayed so as to be readable from all locations at which such sale or dispensing occurs.

2. Where the sale of wine, beer or other alcoholic beverages to the public is primarily provided through over-the-counter service, at least one (1) sign shall be placed to assure that it is readable from all counter locations available to the public.

3. Where the sale or dispensing of wine, beer or other alcoholic beverages to the public is primarily provided for consumption on the premises at tables served by food or beverage service persons, at least one (1) sign shall be placed to assure it is readable by the public entering the premises. In addition, at least one (1) sign shall be placed to assure that it is conspicuously displayed so as to be readable in each public restroom.

D. Language. In the event a substantial number of the public patronizing a premises offering for sale or dispensing wine, beer or other alcoholic beverages, uses a language other than English as a primary language, any sign or notice required by subsection B of this section shall be worded in both English and the primary language or languages involved.

E. Enforcement, Violation and Penalties.

1. Primary enforcement of the provisions of this section shall be with the Chief of Police or designee.

2. Anyone subject to the provisions of subsection B of this section who knowingly fails to post the required warning is guilty of an infraction.

(Ord. No. 425, § 2, 11-17-2015)