Commerce Municipal Code Div. 3 Alcohol Sales

Any use providing alcohol sales shall be subject to the following standards and conditions on use:

(1) A new use may only be established in a location such that the proposed use shall not contribute to undue proliferation of such uses in an area where additional ones would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems, and capacity.

(2) The proposed use shall not be located within five hundred feet nor adversely affect adjacent or nearby religious facilities; residences; public or private schools; public parks or recreation centers; or public or parochial playgrounds. However, the distance requirement shall not apply to restaurant, sit-down defined by the Commerce Municipal Code and which are located along either Washington Boulevard or Atlantic Boulevard. While the distance requirement of this section may not apply to restaurant, sit-down, the city may deny an application if it is determined that a use adversely affects any adjacent or nearby religious facilities; residences; public or private schools; public parks or recreation centers; or public or parochial playgrounds.

(3) The proposed use shall not interfere with the movement of people along an important pedestrian street.

(4) The proposed development shall be of an architectural and visual quality and character that harmonizes with, or where appropriate, enhances the surrounding area.

(5) Adequate litter receptacles shall be provided.

(6) Where the proposed use is near residential uses, it shall be limited in hours of operation, or designed and operated, so as to avoid disruption of residents' sleep between the hours of ten o'clock p.m. and seven o'clock a.m. Through the CUP process, and on a case by case basis, the planning commission may approve and/or modify to allow alcohol sales between the hours of ten o'clock p.m. and seven o'clock a.m. provided all findings required by Section 19.39.420 are met.

(Ord. 544 § 1(part), 2000).

(Ord. No. 702, § 2, 9-4-2018)