Berkeley Municipal Code Ch. 23.310 Alcoholic Beverage Sales and Service

This chapter establishes general requirements for alcoholic beverage sales or service and permit requirements and standards for alcoholic beverage service when incidental to a food service establishment. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Applicability.

1. This section applies to any application to begin alcoholic beverage sales or service, excluding alcoholic beverage service incidental to a food service establishment (see 23.310.030 (Alcoholic Beverage Service When Incidental to a Food Service).

B. Permit Required.

1. An Administrative Use Permit is required to begin service of alcoholic beverages, except as provided in 23.310.030 (Alcoholic Beverage Service When Incidental to Food Service).

2. To increase sales and service of alcoholic beverages, an existing Administrative Use Permit or Use Permit may be modified with an AUP regardless of the original review authority. An increase in alcoholic beverage sales or service includes, but is not limited to:

(a) Adding the sales or service of distilled spirits to any existing sales or service of beer and/or wine; or

(b) Adding to the capacity, floor area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages.

C. Findings of Public Convenience or Necessity. To approve a permit for alcoholic beverage sales or service, the decision-making body must make the following findings:

1. The number of alcoholic beverage sales licensees in the census tract does not exceed the limit set by the Department of Alcoholic Beverage Control, as defined in California Business and Professions Code Section 23958.4; and

2. At least one of the following:

(a) The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the district purpose.

(b) The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service.

(c) The applicant has operated a licensed establishment that has not been the subject of violations regarding alcohol, or violations of public safety or nuisance statutes or regulations in Berkeley. In making this finding, the decision-making body may consider the number, frequency, and severity of prior violations, the time elapsed since the last violation, and other relevant factors.

3. If the number of alcoholic beverage sales licenses in the census tract exceeds the limit set by the Department of Alcoholic Beverage Control; the decision-making body must find that the public convenience or necessity would be served by approving alcohol sales at the proposed location for any two or more of the following reasons:

(a) The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the purposes of the district.

(b) The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service.

(c) The sale of alcoholic beverages will enhance recreational or entertainment opportunities in the area.

(d) The sale of alcoholic beverages complements the sale of other goods and merchandise at the location.

(e) The issuance of a license at the proposed location will improve the convenience of area residents and visitors who purchase alcoholic beverages. (Ord. 7955-NS §§ 27, 28, 2025; Ord. 7898-NS § 18, 2024; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Permits Required. Table 23.310-1 shows permits required for alcoholic beverage service when incidental to a food service establishment. If more restrictive requirements than what is permitted in Table 23.310-1 are imposed as a condition of approval on an existing AUP or UP, the use may be modified with an AUP regardless of the original review authority.

Table 23.310-1. Permits Required for Alcoholic Beverage Service

B. Incidental Alcoholic Beverage Standards. The following standards apply to alcoholic beverage service incidental to a food service establishment.

1. Licensing.

(a) The food service establishment shall comply with all applicable regulations of the California Department of Alcoholic Beverage Control.

(b) An operator of the licensed establishment may not have a prior licensed establishment that was the subject of verified complaints or violations regarding alcohol, public safety, or nuisance statutes or regulations before issuance or transfer of a business license at this location.

2. Service.

(a) Alcoholic beverage service shall be incidental to the primary food service use.

(b) Alcoholic beverage service incidental to seated food service shall only be allowed at a bona fide eating place making actual and substantial sales of meals as determined and required by the California Department of Alcoholic Beverage Control.

(c) The sale of alcoholic beverages for off-site consumption is not permitted.

(d) Hours of operation are subject to review and amendment by the review authority as necessary to avoid detriment to the neighborhood or to achieve conformance with revised City of Berkeley standards or policies.

3. Operation.

(a) The food service establishment must operate at least five days a week.

(b) The service of alcoholic beverage shall be limited to normal meal hours (per California Department of Alcoholic Beverage Control) during the food service establishment’s hours of operation.

(c) During the food service establishment’s hours of operation, all customer accessible areas shall be available for meal service and the food service establishment must possess the necessary utensils, and condiment dispensers with which to serve meals to the public.

(d) The owner or operator of the establishment shall take reasonable measures to prevent disturbances by patrons in the immediate vicinity. Such measures shall include:

i. Signs reminding patrons of nearby residences and requests not to congregate or loiter near such residences nor operate vehicles in a noisy manner on residential streets; and

ii. Surveillance to public areas near the establishment, keeping public areas free of trash and litter, providing lighting, and otherwise preventing conduct that might disturb the peace and quiet of residences in the vicinity.

(e) The operator shall assume reasonable responsibility for ensuring that patrons do not block the entrance or interfere with pedestrian activity on the adjacent public sidewalk.

(f) The applicant shall establish cash handling procedures to reduce the likelihood of robberies and theft.

4. Advertising.

(a) Establishments shall comply with Municipal Code Chapter 20.67 (Alcohol Product Advertising).

5. Training.

(a) The operator shall finish a Crime Prevention through Environmental Design (CPTED) survey before beginning alcohol service.

(b) All employees selling and/or serving alcoholic beverages, or directly supervising such sales and/or service, shall comply with Municipal Code Section 9.84.030 (Responsible Beverage Service Training) and finish the Licensee Education on Alcohol and Drugs (LEAD) program, or another equivalent program offered or certified by the California Department of Alcoholic Beverage Control within 90 days of employment at the establishment. Employees who have finished the course within the last 12 months are exempt from this requirement. (Ord. 7955-NS § 29, 2025; Ord. 7898-NS § 19, 2024; Ord. 7815-NS §§ 10, 11, 2022; Ord. 7787-NS § 2 (Exh. A), 2021)