Part 2 — ALCOHOL SALES

The purpose of regulating the sale of alcohol is to ensure the compatibility of establishments that sell alcohol with surrounding properties and to minimize potentially adverse impacts on public health, safety, comfort, convenience and general welfare of the residents in the city.

(Ord. 1346, passed 5-2-12)

(A) Conditional use permit required. The following establishments, businesses and facilities must obtain a conditional use permit pursuant to subchapter 153.210, Administrative Procedures, before engaging in the sale of alcoholic beverages:

(1) Any establishment, business or facility that does not currently sell alcoholic beverages but proposes to do so.

(2) Any establishment, business or facility that currently sells alcoholic beverages and proposes to change the type of alcoholic beverages to be sold by changing the type of retail license classification it holds under authority of the State Department of Alcoholic Beverage Control.

(3) Any establishment, business or facility that currently sells alcoholic beverages and proposes to substantially change its mode or character of operation, including, but not limited to, the following:

(a) An increase in the floor area of the establishment, business or facility; and

(b) An addition of dancing or live entertainment.

(B) Existing establishments. Existing establishments, businesses or facilities that currently sell alcoholic beverages shall either comply with all conditional use permit requirements or shall cease selling alcoholic beverages in a manner and time consistent with the amortization provisions provided in subchapter 153.200, Nonconforming Lots, Structures and Uses.

(C) Specific location attributes. In any decision to issue a conditional use permit, consideration shall be given to the location of the proposed facility. The general vicinity shall not have an unusually high crime rate such that the proposed use could result in further criminal activity, thus requiring additional police services if the conditional use permit is granted.

(Ord. 1346, passed 5-2-12)

Any minor commercial retail establishment or on-sale outlet which sells alcohol shall be subject to the following use restrictions.

(A) Cash register location. The cash register of all minor commercial retail establishments that are off-sale outlets shall be located so it is clearly visible from outside the premises.

(B) Property maintenance plan. All minor commercial retail establishments that are serving as off-sale outlets and on-sale outlets, other than restaurants or service clubs, shall submit a property maintenance plan which will outline measures to be taken in order to prevent loitering, panhandling, graffiti, littering and other public nuisances. The property maintenance plan shall be subject to approval and compliance with the plan shall be included as a condition of approval of the conditional use permit.

(Ord. 1346, passed 5-2-12)

The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall apply to all establishments selling alcohol, unless otherwise specified here. The following shall apply to all establishments selling alcohol.

(A) Buffers. The establishment shall be sufficiently buffered in relation to any abutting residentially zoned properties so as not to adversely affect the residential areas. A minimum 20-foot-wide landscaped area shall be provided between any abutting residentially zoned property and any establishment which sells alcohol. Also, any other buffers required as a condition of the conditional use permit shall be provided and continuously maintained.

(B) Exterior property appearance. The exterior appearance of the property, including, but not limited to, landscaping and architectural treatment of the building, shall not detract from the character of the surrounding neighborhood, and, as necessary, shall improve upon the characteristics of the surrounding neighborhood with exceptional design characteristics, as determined by the Design Review Committee.

(Ord. 1346, passed 5-2-12)

All minor commercial retail establishments that serve as off-sale outlets and on-sale outlets, other than restaurants or service clubs, shall submit a detailed plan for security measures. The security plan shall be approved and compliance with the plan shall be a condition of the conditional use permit. Security measures may include items such as alarms, security guards and interior and/or exterior security cameras.

(Ord. 1346, passed 5-2-12)

Any establishment, business or facility that is either abandoned or discontinued general operations or the sale of alcoholic beverages for a period of 60 consecutive days shall be deemed to have abandoned its ability to sell alcoholic beverages. The establishment shall obtain a new conditional use permit before re-engaging in the sale of alcoholic beverages.

(Ord. 1346, passed 5-2-12)