Chapter 82-34 — CABARETS

This chapter requires and provides criteria for the consideration and approval of land use permits before the establishment of cabarets in any land use zoning district of this county. The county finds it necessary to

establish land use permit requirements and criteria in the interest of the public health, safety and welfare for the establishment of cabarets. This chapter alone does not allow or permit cabarets, but only applies to cabarets where otherwise allowed or permitted within an involved applicable land use zoning district. This chapter does not authorize the establishment of cabarets in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations.

(Ord. 95-20 § 1).

Article 82-34.4. Definitions

"Cabaret" means any place where the public is admitted, where entertainment is furnished by or for any patron or guest present upon the premises, including, but not limited to singing, vaudeville and dancing, where liquid refreshments or foods are sold, and where the seating capacity is fifty or more (as determined by the director of community development); except where the only entertainment furnished is by recording machine, commonly known as a jukebox, and dancing is not permitted.

(Ord. 95-20 § 1).

The definition of cabaret in Section 82-34.402 is limited to this chapter, and does not apply to or supersede other definitions of cabaret, including the definition of cabaret in Section 88-12.404(6).

(Ord. 95-20 § 1).

Article 82-34.6. Applications

Upon the effective date of the ordinance codified in this chapter, any person who claims or believes they have established a legal nonconforming use to maintain a cabaret shall, within sixty days of the effective date of the ordinance codified in this chapter, provide written evidence describing the extent and scope of such use to the director of the community development department. To the extent such legal nonconforming use has been established and continued after the effective date of the ordinance codified in this chapter, all applicable permits and licenses must be maintained in full force and effect and the use may not be increased, enlarged or expanded without a land use permit as provided in this chapter.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 95-20 § 1).

In addition to the applicable requirements of Chapters 26-2 and 82-6 and the involved zoning district, an application for a land use permit approving a cabaret shall contain the following information:

(1)

A description of where the proposed cabaret is to be located on the subject property, including a description of the building or structure within which the cabaret is to be located and the number of seats

therein;

(2)

If alcohol is to be sold to patrons or guests, a description of applicable alcohol beverage licenses;

(3)

The true name and complete address of each owner of the building or structure within which the proposed cabaret is to be located;

(4)

The true name and complete address of each lender, shareholder with five percent or more financial interest in the proposed cabaret, and any other person to whom a share or income of the cabaret is to be paid;

(5)

A description of the entertainment to be furnished at the proposed cabaret;

(6)

A description of all proposed cabaret activities;

(7)

If dancing is intended at the proposed cabaret, a description of the area where dancing is to occur; and

(8)

A description of the security measures planned for the proposed cabaret, including on-site supervision.

(Ord. 95-20 § 1).

Article 82-34.8. Land Use Permits

No cabaret shall be established and maintained unless and until a land use permit is first obtained pursuant to this chapter and maintained in full force and effect.

(Ord. 95-20 § 1).

In addition to the findings established in Article 26-2.20, no land use permit for a cabaret shall be issued unless the following findings are made:

(1)

The cabaret will not adversely affect the health, safety and welfare of the surrounding community;

(2)

The cabaret will not significantly increase the demand for police services;

(3)

The cabaret will not produce an undue concentration of cabarets in the surrounding community;

(4)

The cabaret will no detrimentally affect nearby residentially zoned communities;

(5)

The cabaret will not be unduly close to residences, schools, youth centers, playgrounds, public parks and other similar locations frequented by children and their families; and

(6)

The cabaret will include adequate security measures and on-site supervision.

(Ord. 95-20 § 1).

Land use permits for the special cabaret uses enumerated in this chapter may be granted as provided and required by this chapter and in accordance with Chapters 26-2 and 82-6.

(Ord. 95-20 § 1).

There shall be a permittee-initiated annual review by the zoning administrator to determine if each cabaret granted a land use permit under this chapter is in compliance with the terms and conditions of the land use permit. The permittee may be charged a fee as fixed by the board of supervisors for that purpose. The annual review by the zoning administrator to determine compliance may be with or without a public hearing. If the zoning administrator determines that a cabaret is not in compliance with the terms and conditions of the land use permit, the zoning administrator may initiate action against the permittee as otherwise provided by this code.

(Ord. 95-20 § 1).

Chapter 82-36 - SALE OF FIREARMS

Article 82-36.2. General

82-36.202 - Purpose and administration.

(a)

Purpose. This chapter requires and provides criteria for the consideration and approval of land use permits and firearms dealer licenses before the sale of firearms will be permitted in any nonresidential land use zoning district of this county. The county finds it necessary to establish land use permit and firearms dealer license requirements and criteria in the interest of the public health, safety and welfare to regulate the sale of firearms in the unincorporated area. This chapter alone does not allow or permit sales of firearms, but only applies to sales of firearms where otherwise allowed or permitted within an involved applicable nonresidential land use zoning district. This chapter does not authorize the sale of firearms in any nonresidential land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations.

(b)

Administration. For purposes of this chapter, whenever the term "director" is referenced, it shall mean the director of the community development department or the director's designee.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2003-09 § 2, 99-25 § 4; 95-59 § 1).

Upon the effective date, (December 28, 1995) of this chapter, any person who claims or believes they have established a legal nonconforming use to conduct firearms sales, including sales of ammunition, shall, within ninety days of the effective date of this chapter, provide written evidence describing the extent and scope of such use to the director and obtain a firearms dealer license as provided in Article 82-36.8. To the extent such legal nonconforming use has been established in accordance with this section and continued after the effective date of this chapter, all applicable state and federal permits and licenses must be obtained and maintained in full force and effect and the use may not be increased, enlarged or expanded without a land use permit as provided in this chapter.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2003-09 § 3, 95-59 § 1).

"Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of explosion or other means of combustion.

(Ord. 95-59 § 1).

The term "ammunition," as used in this chapter, shall include any ammunition for use in any pistol or revolver from which is expelled a projectile by the force of explosion or other form of combustion.

(Ord. 95-59 § 1).

The term firearms dealer, as used in this chapter, shall mean any person who is engaged in the retail sale of firearms and/or ammunition.

(Ord. 95-59 § 1).

Article 82-36.4. Applications

In addition to the applicable requirements of Chapters 26-2 and 82-6 and the involved nonresidential zoning district, an application for a land use permit to sell firearms, including ammunition, shall contain the following information:

(1)

A description of where the proposed firearm sales is to be located on the subject property, including a description of the building or structure within which the sale of firearms is to take place;

(2)

The true name and complete address of each owner and tenant of the building or structure within which the sale of firearms is to take place;

(3)

A description of all the firearms, including ammunition, proposed to be sold;

(4)

A description of the security measures planned at the premises to provide for the protection of the premises and the goods to be sold thereon; and

(5)

The identification of any existing firearm dealer sales sites located within five hundred feet of the applicant's proposed sales site.

(Ord. 95-59 § 1).

Article 82-36.6. Land Use Permits

No sale of firearms, including ammunition, shall be allowed unless and until a land use permit is first obtained pursuant to this chapter and maintained in full force and effect.

(Ord. 95-59 § 1).

In addition to the findings established in Article 26-2.20, and Section 82-6.002, no land use permit to allow the sale of firearms, including ammunition, shall be issued unless the following findings are made:

(1)

The district in which the firearm sales is to take place is not a residentially zoned area; and the proposed site is not located within five hundred feet of a residentially zoned area;

(2)

The firearm sales will not take place in a location which is within five hundred feet of a school, daycare, park, establishments that have on-site or off-site alcohol sales, places of worship or an existing firearm dealer's sales site;

(3)

The applicant has demonstrated that the location in which the firearm sales are to take place will have adequate safe storage, security and a lighting system.

(Ord. 95-59 § 1).

In order for a land use permit issued under the provisions of this chapter to become effective and remain operable and in full force, the applicant at all times shall:

(1)

Within thirty days of obtaining a land use permit and prior to any sales, first obtain a local firearms dealer license from the director, which will not be issued except upon proof of a land use permit obtained in accordance with the provisions of this chapter. Such a license will be considered for issuance pursuant to guidelines to be established by the director and in accord with criteria set forth in Article 82-36.8 and maintained in full force and effect;

(2)

Maintain a record of ammunition purchases as provided in Article 82-36.10;

(3)

Comply with all state and federal statutory requirements for the sale of firearms and ammunition and reporting of firearm sales (Penal Code Section 12076), including the provisions of California Penal Code Sections 12070 and 12071, including, but not limited to, the statutory requirement that all thefts of firearms be reported within forty-eight hours of discovery to the sheriff (Penal Code Section 12071(b)(13)), and within thirty days of a written request by the director, provide proof of such compliance.

(Ords. 2003-09 § 4, 95-59 § 1).

Land use permits for the sale of firearms as allowed in this chapter and variance permits to modify the provisions of this article may be granted as provided and required by this chapter and in accordance with Chapters 26-2 and 82-6.

(Ord. 95-59 § 1).

Article 82-36.8. Firearms Dealer Licenses

The director is designated as the local licensing agent for purposes of Penal Code Section 12071, relating to firearm sales. As the local licensing agent, the director will, as the director deems necessary, administer applicable provisions relating to firearm sales (Penal Code Sections 12070, 12071) and establish guidelines for the issuance of local firearms dealer licenses in accordance with criteria established by Penal Code and as provided in Section 82-36.804. The applicant shall pay compensatory fees and costs for such permit as established by the board of supervisors pursuant to recommendation of the director.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2003-09 § 5, 95-59 § 1).

In accordance with the provisions of Penal Code Section 12071, the director, as the local licensing authority, shall accept applications for and may grant licenses valid for one year (Penal Code Section 12071(a)(6)) permitting the retail sale of firearms and ammunition in the unincorporated area of the county

where otherwise allowed by the involved zoning district, provided that a written application containing the following is submitted to and approved by the director.

(1)

The name, age and address of the applicant;

(2)

The address of the proposed location for which the license is required, together with the business name, if any;

(3)

Proof of a possessory interest in the property at which the proposed business will be conducted in the form of ownership, lease, license or other entitlement to operate at such location and the written consent of the owner of record of real property;

(4)

Proof of compliance with all federal and state licensing laws, including, but not limited to, the provisions of California Penal Code Section 12071 requiring reporting of thefts (Penal Code Section 12071(b)(13)), and security storage requirements for each firearm (Penal Code Sections 12071(b)(14), 15(c)(3));

(5)

Proof of the issuance of a land use permit at the proposed location, or in the alternative, proof of compliance with the provisions of Section 82-36.204 for the establishment of a legal nonconforming use;

(6)

Information relating to licenses or permits relating to other weapons sought by the applicant from other jurisdictions, including, but not limited to, date of application and whether each application resulted in issuance of a license;

(7)

Information relating to every revocation of a license or permit relating to firearms, including, but not limited to, date and circumstances of the revocation;

(8)

Applicant's agreement to indemnify, defend, release and hold harmless the county, its officers, agents, and employees, from and against all claims, losses, costs, damages and liabilities of any kind, including attorney fees, arising in any manner out of the applicant's negligence or intentional or wilful misconduct; and

(9)

Payment of nonrefundable compensatory fees for administering this chapter in amounts to be established by resolution of the board of supervisors.

(Ords. 2003-09 § 6, 95-59 § 1).

In addition to other requirements and conditions of this chapter, a firearms dealer license is subject to the following conditions, the breach of any of which is sufficient cause for revocation of the license by the director:

(1)

The business shall be carried on only in the building located at the street address shown on the license.

(2)

Compliance with all requirements of applicable state and federal law relating to firearm sales, including provisions relating to manner of delivery of firearms, age and identity requirements for purchasers, storage of firearms, recording and reporting of firearms sales transactions, and posting of required notices on the premises (Penal Code Sections 12071, 12076).

(3)

Compliance with all requirements of applicable state and federal laws relating to firearms safety devices, including, but not limited to, Penal Code Sections 12087 through 12088.8.

(4)

The licensee shall maintain a record of all ammunition sales as provided in Article 82-36.10.

(5)

The licensee shall obtain and maintain any necessary local licenses, including a business license.

(Ords. 2003-09 § 7, 95-59 § 1).

The director may deny the issuance or renewal of a firearm dealer's license when one or more of the following conditions exist:

(1)

The applicant is under twenty-one years of age;

(2)

The applicant is not licensed as required by federal, state and local law;

(3)

The applicant has had a firearms permit or license previously revoked or denied for good cause within the immediately preceding two years;

(4)

The applicant has made a false or misleading statement of a material fact or omission of a material fact in the application for a firearm dealer's license; or

(5)

The operation of the business as proposed would not comply with federal, state and county ordinances, including, but not limited to, the California Penal Code and applicable building and fire safety regulations.

(Ords. 2003-09 § 8, 95-59 § 1).

A firearms dealer license expires one year after the day of issuance. A license may be renewed for additional one-year periods upon the payment of the application fee and licensee's submission of a new written application for renewal which includes the information required by Section 82-36.804. Upon receipt of the fee and new application, the director will review the application and render a decision pursuant to the provisions of this article for initial license application. Such application for renewal must be received by the director no later than forty-five days before the expiration of the current license.

(Ords. 2003-09 § 9, 95-59 § 1).

Article 82-36.10. Records of Ammunition Sales

No firearm dealer shall sell or otherwise transfer ownership of any ammunition without at the time of purchase recording the following information on a form to be prescribed by the director: the date of the

transaction; the name, address and date of birth of the transferee; the transferee's driver's license or other identification number and the state in which it was issued; the brand, type and amount of ammunition transferred; and the transferee's signature.

(Ords. 2003-09 § 10, 95-59 § 1).

The records required by this section shall be maintained on the firearm dealer's premises for a period of not less than two years from the date of the recorded transfer. These records are subject to inspection by the director at any time during normal business hours.

(Ords. 2003-09 § 11, 95-59 § 1).

No person shall knowingly make a false entry in, or fail to make a required entry in, or fail to maintain in the required manner records prepared in accordance herewith.

(Ord. 95-59 § 1).

Article 82-36.12. Nonassignability and Severability

A firearms dealer license issued under this chapter is not assignable. An attempt to assign a firearms dealer license renders the license void.

(Ord. 95-59 § 1).

If a part of this chapter is held to be invalid, the remaining portions of this chapter are not affected.

(Ord. 95-59 § 1).

Chapter 82-38 - ALCOHOLIC BEVERAGE SALES COMMERCIAL ACTIVITIES

Article 82-38.2. General

This chapter requires and provides criteria for the consideration and approval of land use permits before a new alcoholic beverage sales commercial activity will be permitted in any land use zoning district of this county. This chapter further confers deemed approved status upon existing alcoholic beverage sales commercial activities. The county finds it necessary to establish land use permit requirements and criteria

in the interest of the public health, safety and welfare to regulate alcoholic beverage sales commercial activities in the unincorporated area. This chapter alone does not allow or permit alcoholic beverage sales commercial activities, but only applies to these activities where otherwise allowed or permitted within an

involved applicable land use zoning district. This chapter does not authorize alcoholic beverage sales commercial activities in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations.

(Ord. 2002-33 § 2).

For purposes of this chapter, the following words and phrases have the following meanings:

(a)

"Administrative Hearing Officer." The zoning administrator or the zoning administrator's designee is the alcoholic beverage sales administrative hearing officer.

(b)

"Alcoholic Beverage." Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, that meets the following criteria: (1) contains one-half of one percent or more of alcohol by volume; (2) is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances; and (3) sales of which require a state of California Department of Alcoholic Beverage Control license.

(c)

"Alcoholic Beverage Sales Commercial Activity." The retail sale, for on-premises or off-premises consumption, of alcoholic beverages. A full-service restaurant is not an alcoholic beverage sales commercial activity.

(d)

"Condition of Approval." A requirement that must be carried out by: (1) a new alcoholic beverage sales commercial activity to exercise a land use permit; or (2) an existing alcoholic beverage sales commercial activity to comply with deemed approved performance standards and to retain its deemed approved status.

(e)

"Crime Reporting Districts." Geographical areas within the boundaries of the unincorporated area of the county that are identified by the Contra Costa County sheriff's department in the compilation and maintenance of statistical information on reported crimes and arrests.

(f)

"Deemed Approved Activity." Any alcoholic beverage sales commercial activity existing immediately before the effective date of this chapter is a deemed approved activity if it complies with the deemed approved performance standards in Section 82-38.808.

(g)

"Deemed Approved Performance Standards." The standards set forth in Section 82-38.808.

(h)

"Deemed Approved Status." The status conferred by this ordinance upon a deemed approved activity in accordance with Section 82-38.806.

(i)

"Full-Service Restaurant." A place that: (1) is primarily, regularly and in a bona fide manner used and kept open for the serving of at least dinner to guests for compensation; and (2) has kitchen facilities containing conveniences for cooking an assortment of foods that may be required for those meals; and (3) obtains a minimum of sixty-seven percent of its gross receipts from the sale of meals and other food and drink nonalcoholic products; and (4) submits evidence of total meal and other non-alcoholic product sales to county officials upon request for purposes of determining its status under this ordinance. A place that sells or serves only sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or only snack foods, or both, is not a full-service restaurant.

(j)

"License." A valid state of California Department of Alcoholic Beverage Control license.

(k)

"Off-Sale Alcohol Outlet." An establishment that conducts retail sales of alcoholic beverages for consumption off the premises where sold.

(l)

"On-Sale Alcohol Outlet." An establishment that conducts retail sales of alcoholic beverages for consumption on the premises where sold, excluding full-service restaurants.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 2002-33 § 2).

82-38.206 - Inspection and right of entry.

(a)

County staff designated by the county administrator to enforce this ordinance may enter an alcoholic beverage sales commercial activity during normal business hours whenever they have cause to suspect a violation of any provision of this chapter or to investigate alleged violations of the deemed approved performance standards or conditions of approval prescribed in this chapter.

(b)

An owner or occupant, or agent of an owner or occupant, who refuses to permit entry and investigation into premises open to the public is subject to civil or criminal prosecution.

(Ord. 2002-33 § 2).

The administrative hearing officer will conduct public hearings and make determinations in accordance with Section 82-38.406, Section 82-38.814, and Section 82-38.816 to obtain compliance with this chapter. This section is not intended to restrict the powers and duties of other county officers or bodies that monitor alcoholic beverage sales commercial activities in the unincorporated area of the county to ensure compliance with applicable laws, statutes, and regulations.

(Ord. 2002-33 § 2).

Article 82-38.4. Nonconforming Use Provisions for Existing Alcoholic Beverage Sales Commercial Activities

On premises for which a license has been issued and where these premises are being used to exercise the rights and privileges conferred by the license at a time immediately before the effective date of this chapter, the premises may continue to be used to exercise the same rights and privileges without requiring a land use permit. This use is a nonconforming use, subject to the nonconforming use provisions of Chapter 82-8 of the county ordinance code (except as otherwise provided in this chapter or in the

Alcoholic Beverage Control Act, Division 9 of the Business and Professions Code), and is entitled to deemed approved status, subject to Article 82-38.8.

(Ord. 2002-33 § 2).

82-38.404 - Transfer or revocation of alcoholic beverages control licenses.

(a)

If a license is to be transferred to a new owner, the community development director is authorized under Business and Professions Code Section 23800(e), on behalf of the county, to request that the state of California Department of Alcoholic Beverage Control within thirty days after the filing of a transfer application (or a longer period if allowed by law) impose conditions to mitigate problems at or in the immediate vicinity of the premises on any licenses being transferred to new owners.

(b)

If a license is to be transferred to a new premises, the alcoholic beverage sales commercial activity must apply for a land use permit in accordance with the requirements of Chapter 26-2, Chapter 82-6, and this chapter.

(c)

If a license is revoked by the state of California Department of Alcoholic Beverage Control, after the revocation becomes a final order the alcoholic beverage sales commercial activity must cease operation and may not resume unless it applies for and obtains a land use permit in accordance with this chapter.

(Ord. 2002-33 § 2).

82-38.406 - Change in mode or character of operation.

(a)

The administrative hearing officer may hold a public hearing to determined whether a land use permit is required for an existing alcoholic beverages sales commercial activity if any of the following occur:

(1)

An alcoholic beverage sales commercial activity discontinues operation for more than one hundred twenty days;

(2)

An alcoholic beverage sales commercial activity surrenders, abandons, closes, or quits its licensed premises;

(3)

An alcoholic beverage sales commercial activity's license is surrendered or suspended;

(4)

An existing alcoholic beverage sales commercial activity changes its activity so that the state of California Department of Alcoholic Beverage Control requires a different type of license;

(5)

An existing alcoholic beverage sales commercial activity expands the floor area devoted to the display or sales of alcoholic beverages, or both, by more than twenty percent;

(6)

Any other circumstances that results in a substantial change in the mode or character of operation of the alcoholic beverage sales commercial activity, except for those circumstances listed in subdivision (b) of Section 23790 of the California Business and Professions Code.

(b)

The purpose of a public hearing under this article is to receive testimony and determine whether the premises have operated continuously without substantial change in the mode or character of operation. Notice of the public hearing will be in accordance with Section 82-38.1004.

(c)

At the conclusion of a public hearing under this article, the administrative hearing officer may determine that a substantial change in the mode or character of operation of the premises either has occurred or has not occurred.

(d)

If the administrative hearing officer determines that a substantial change in the mode or character of operation of the premises has occurred, the alcoholic beverage sales commercial activity must cease operation and may not resume unless it applies for and obtains a land use permit in accordance with this chapter.

(e)

The determination of the administrative hearing officer becomes final thirty calendar days after the date of decision unless appealed to the board of supervisors in accordance with Section 82-38.1002.

(Ord. 2002-33 § 2).

Article 82-38.6. Land Use Permits for New Alcoholic Beverage Sales Commercial Activities

Notwithstanding any other provisions of this code, no new alcoholic beverage sales commercial activity may be established unless a land use permit is first obtained in accordance with the requirements of Chapter 26-2, Chapter 82-6, and this chapter.

(Ord. 2002-33 § 2).

(a)

A new alcoholic beverage sales commercial activity is not permitted in any of the following locations:

(1)

Within seven hundred feet of an existing alcoholic beverage sales commercial activity;

(2)

Within four hundred feet of any of the following: a public or private accredited school; a public park, playground or recreational area; a place of worship; a hospital; an alcohol or other drug abuse recovery to treatment facility; or a county social service office;

(3)

Within a crime reporting district, or within six hundred feet of a crime reporting district, where the general crime rate exceeds the countywide general crime rate by more than twenty percent.

(b)

The distance restrictions of subsection (a) do not apply to any new alcoholic beverage sales commercial activity that has twenty-five or more full time equivalent (FTE) employees and a total floor area of twenty thousand square feet or more, and sells from the premises food and other groceries for home consumption.

(c)

The distances specified in subsection (a) will not be measured from any establishment that is not generally open to the public, including private clubs and lodges.

(Ord. 2002-33 § 2).

No land use permit to allow a new alcoholic beverage sales commercial activity will be issued unless all of the following findings are made in addition to the findings required by Section 26-2.2008 and Section 826.002:

(a)

A finding of "public convenience and necessity" (Business and Professions Code Section 23958.4(b)(2)), if the activity will be located in an area that has been determined by the state of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a).

(b)

A finding that the alcoholic beverage sales commercial activity will not aggravate existing problems in the neighborhood created by the sale of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise and littering.

(Ord. 2002-33 § 2).

Land use permits to modify the location provisions contained in this article may be granted under this chapter and in accordance with Chapters 26-2 and 82-6.

(Ord. 2002-33 § 2).

Reasonable conditions of approval may be imposed, including, but not limited to, those listed in Section 82-38.814, as part of approval of any land use permit issued under this article.

(Ord. 2002-33 § 2).

Article 82-38.8. Standards and Procedures for Existing Alcoholic Beverage Sales Commercial Activities

The general purposes of this article are:

(a)

To protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare by requiring that alcoholic beverage sales commercial activities that are legal nonconforming activities under

this chapter and considered to be deemed approved activities comply with the deemed approved performance standards at Section 82-38.808; and,

(b)

To achieve the following objectives:

(1)

Protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of nonconforming and incompatible uses;

(2)

Provide opportunities for alcoholic beverage sale commercial activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

(3)

Provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels;

(4)

Prevent alcoholic beverage sales commercial activities from becoming a source of public nuisances in the community; and

(5)

Provide for properly maintained alcoholic beverage sale establishments to minimize impacts to the surrounding environment.

(Ord. 2002-33 § 2).

This article applies, to the extent permissible under other laws, to alcoholic beverage sales commercial activities existing and operating on the effective date of this chapter within the unincorporated area of the county. The nonconforming use provisions of the county's zoning regulations, including, but not limited to, Chapter 82-8, apply to this article, except as otherwise provided in this chapter.

(Ord. 2002-33 § 2).

All alcoholic beverage sales commercial activities existing and operating with all required licenses on the effective date of this chapter will automatically become deemed approved activities as of the effective date of this chapter. Each deemed approved activity retains its deemed approved status if it complies with the deemed approved performance standards set forth in Section 82-38.808 and if the licensed premises are in continuous operation without any substantial change in the mode or character of operation of the premises.

(Ord. 2002-33 § 2).

An existing alcoholic beverage sale commercial activity retains its deemed approved status only if it conforms with all of the following standards:

(a)

Its operation does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area;

(b)

Its operation does not result in repeated nuisance activities on or near 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, lewd conduct, or police detentions and arrests;

(c)

Its operation does not result in violations of other county, state, or federal regulations, ordinances, or statutes;

(d)

Its operation does not result in the transfer, expiration or revocation of a state of California Department of Alcoholic Beverage Control license;

(e)

Its upkeep and operating characteristics are compatible with and will not adversely affect the liveability or orderly development nor encourage the marginal development of abutting properties and the surrounding neighborhood; and

(f)

Its operation does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area.

(Ord. 2002-33 § 2).

The owner of each deemed approved activity must post the performance standards for public review in a conspicuous and unobstructed place visible from the entrance of the establishment and in a place clearly visible to the buyer from the cash register. The posted performance standards must be displayed on a sign or notice 11 inches by 17 inches in size with lettering that is 20-point type or larger type.

(Ord. No. 2015-10 § III, 6-16-15; Ord. 2002-33 § 2).

82-38.812 - Notification to owners of deemed approved activities.

The community development department must notify the owner of each deemed approved activity, and also the property owner if not the same, of the activity's deemed approved status. This notice must:

(a)

Be sent via first class return receipt mail;

(b)

Include a copy of the performance standards;

(c)

State that the performance standards must be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review;

(d)

State that the activity must comply with all performance standards;

(e)

State that a review fee is required in accordance with Section 82-38.1006 and must state the amount of the fee; and

(f)

State that the activity must comply with this ordinance.

(Ord. 2002-33 § 2).

82-38.814 - Violations of performance standards, conditions of approval for continued deemed approved status following violation.

(a)

If the county receives a complaint from the public, sheriff, or any other interested party that a deemed approved activity is not complying with the performance standards set forth in Section 82-38.808, the administrative hearing officer may review the deemed approved status of the deemed approved activity in question at a public hearing. Notification of the public hearing will be made in accordance with Section 8238.1004 and must include notification that the officer will consider the deemed approved status of the deemed approved activity.

(b)

The purpose of the public hearing is to receive testimony on whether the operating methods of the deemed approved activity are causing negative impacts in the surrounding area. At the public hearing, the

administrative hearing officer will determine whether the deemed approved activity conforms to the deemed approved performance standards set forth in Section 82-38.808. At the conclusion of the hearing, the administrative hearing officer may continue the deemed approved status for the activity in question or may require changes or impose reasonable conditions of approval to retain deemed approved status. The officer's decision will be based on information in staff documents and testimony from the business owner and all other interested parties. The deemed approved activity must comply with these conditions. The determination of the administrative hearing officer becomes final thirty calendar days after the date of decision unless appealed to the board of supervisors under Section 82-38.1002.

(c)

The administrative hearing officer may impose conditions of approval relating to one or more of the following:

(1)

Entertainment uses, activities, or amusement devices on the premises;

(2)

Separation, monitoring, or design of area devoted to alcohol sales;

(3)

Security measures;

(4)

Lighting, litter, trash receptacles, graffiti or nuisance abatement, or other similar requirements; or

(5)

Maintenance.

(d)

Specific conditions of approval that may be imposed include but are not limited to the following:

(1)

Soundwalls. If the alcoholic beverage sales commercial activity abuts residential uses and is allowed in the involved zoning district, a soundwall not to exceed seven feet in height may be required between the activity and the abutting residential uses. The soundwall must not obstruct the view of the building and parking areas from the street. Vegetation may be required to be planted along the soundwall and be of a type that will cover the soundwall surface within two years.

(2)

Graffiti Removal. The removal of all graffiti from the walls, fences, pavement or buildings within seventy-two hours of its appearance on the property may be required.

(3)

Exterior Lighting. Exterior lighting containing high pressure sodium or equivalent type, with an illumination intensity of between one and four foot-candles, may be required. The lighting may be required to be lit during all hours of darkness. Any required lighting must be directed and shielded so as not to glare onto adjoining residential properties and must have a housing to protect against breakage. Any required lighting must illuminated the adjacent public sidewalks and all parking lots under the business establishment's control in a manner that allows law enforcement personnel to identify persons standing in those areas. Any broken or burned out lights may be required to be replaced within seventy-two hours.

(4)

Trash Receptacles. Permanent, non-flammable trash receptacles, sixty gallons or less in size, may be required to be located at convenient locations, appropriately screened from view, outside the establishment and in the establishment's parking area (if any). The operators of the business may be required to remove on a daily basis, or more frequently if needed to maintain a litter-free environment, all trash from these receptacles and from the sidewalk adjacent to the establishment. The operators of the business also may be required to remove, at least three times per week, all trash originating from its establishment deposited on public property within four hundred feet of any boundary of its premises. Security may also be required in a manner similar to that required under Section 88-16.010 (take-out food establishment). All trash receptacles of any size may be required to be appropriately screened from view.

(5)

Pay Telephones. Pay telephones on the site of the establishment may either be: (a) prohibited; or (b) required to be of the type that only allow outgoing calls and be located in a visible and well-lighted location.

(6)

Interior View. In establishments with glass storefronts, an unobstructed interior view from the street of the cash register area may be required and no more than thirty-three percent of the square footage of the windows and transparent doors of the premises may be allowed to bear advertising or signs of any sort. All advertising, signage and products may be required to be placed and maintained to ensure that law enforcement personnel have a clear and unobstructed view of the establishment's interior.

(7)

Program. A "complaint response-community relations" program established and maintained by the deemed approved activity may be required. The program may include the following:

(A)

Posting at the entry of the establishment and providing to any requesting individual the telephone number for the area commander of the local law enforcement substation;

(B)

Coordinating with the local law enforcement agency to monitor community complaints about the establishment's activities;

(C)

Having a representative of the establishment meet with neighbors or neighborhood association on a regular basis and at their request, attempt to resolve any neighborhood complaints regarding the establishment.

(8)

Activities. If appropriate, the following activities may be prohibited on the premises: pool or billiard tables, football or pinball games, arcade style video or electronic games, or coin operated amusements devices.

(9)

Prohibited Products. To discourage nuisance activities, an off-sale alcohol outlet may be prohibited from selling one or more of the following products:

(A)

Wine or distilled spirits in containers of less than seven hundred fifty milliliters;

(B)

Malt beverage products, including flavored malt beverage products, with alcohol content greater than five and one-half percent by volume. A "flavored malt beverage" product is a malt beverage product to which is added an alcoholic or other flavoring ingredient and is labeled or packaged in a manner that is similar to labeling or packaging used for non-alcoholic beverages such as sodas, teas, lemonades, fruit punches, energy drinks and slushes. Youth-oriented flavored malt beverage products are sold in bright, colorful packaging and are commonly known as "alcopops."

(C)

Wine with an alcoholic content greater than fourteen percent by volume unless in corked bottles and aged at least two years;

(D)

Single containers of beer or malt liquor;

(E)

Containers of beer or malt liquor not in their original factory packages of six-packs or greater;

(F)

Containers of beer or malt liquor larger than thirty-nine ounces;

(G)

Distilled spirits in bottles or containers smaller than three hundred seventy-five milliliters;

(H)

Cooler products, either wine- or malt-beverage-based, in less than four-pack quantities.

(I)

Alcohol-infused ice cream or ice pops with alcohol content greater than 0.5 percent by volume.

(10)

Chilled Alcoholic Beverages. An off-sale alcohol outlet may be prohibited from maintaining refrigerated or otherwise chilled alcoholic beverages on the premises.

(11)

Hours of Operation. In an off-sale alcohol outlet, the sale of alcoholic beverages may be restricted to certain hours of each day of the week unless limited further by the state of California Department of Alcoholic Beverage Control.

(12)

Cups. In off-sale alcohol outlets, the sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging may be prohibited.

(13)

Signs. The following signs may be required to be prominently posted in a readily visible manner in English, Spanish, and the predominant language of the patrons:

(A)

"California State Law prohibits the sale of alcoholic beverages to persons under twenty-one years of age";

(B)

"No Loitering or Public Drinking"; and

(C)

"It is illegal to possess an open container of alcohol in the vicinity of this establishment".

(14)

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

(15)

Mitigating Alcohol-Related Problems. The establishment may 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, loud noise, and litter.

(16)

Signage. The total surface of signage pertaining to or referencing alcoholic sales or beverages that is visible from the public right-of-way may be required to not exceed six hundred thirty square inches.

(17)

Employee Training. All sales clerks in on-sale alcohol outlets and off-sale alcohol outlets may be required, within ninety days of the beginning of employment, to complete an approved course in "responsible beverage service training". The establishment may be required to provide evidence of the employee's completion of this training to county authorities within ten days following completion of training.

(18)

Drug Paraphernalia. An off-sale alcohol outlet may be prohibited from selling drug 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).

(19)

Loitering. The establishment's operators or employees may be required to discourage loiterers and to ask persons loitering longer than fifteen 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.

(20)

Security Cameras. At least two twenty-four hour time-lapse security cameras may be required to be installed and properly maintained on the exterior of the building at locations recommended by the sheriff's department. All criminal and suspicious activities recorded on this surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment's operators may be required to provide any tapes or other recording media from the security cameras to the sheriff.

(21)

Prohibited Vegetation. No exterior vegetation may 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.

(Ord. No. 2015-10, § II, 6-16-15; Ord. No. 2018-15, § II, 6-26-18; Ord. 2002-33 § 2).

82-38.816 - Procedure for consideration of violations to conditions of approval.

If the county receives a complaint from the public, sheriff, or any other interested party that a condition of approval is being violated, the administrative hearing officer may hold a public hearing to receive testimony and determined whether violations of any conditions of approval have occurred. Notification of the public hearing will be in accordance with Section 82-38.1004. The administrative hearing officer may amend the existing conditions of approval based upon the evidence presented or revoke the deemed approved activity's deemed approved status. The determination of the administrative hearing officer becomes final thirty calendar days after the date of decision unless appealed to the board of supervisors in accordance with Section 82-38.1002.

(Ord. 2002-33 § 2).

Article 82-38.10. Appeals, Notice, Fees, and Penalties

82-38.1002 - Appeal to board of supervisors.

(a)

Within thirty calendar days after a decision by the administrative hearing officer, the business owner or property owner if not the same, the sheriff, community members, or any other interested party may appeal to the board of supervisors as set forth in Chapter 14-4. Upon receipt of the appeal and the required appeal fee, the clerk of the board will set the date for consideration of the appeal as set forth in Section 14-4.006.

(b)

In considering an appeal of a determination that a substantial change in the mode or character of operation of the premises has occurred, the board of supervisors may uphold or reverse the determination of the administrative hearing officer.

(c)

In considering an appeal after conditions of approval on a deemed approved activity are imposed or modified or after deemed approved status is revoked, the board of supervisors must determine whether the established use conforms to the applicable deemed approved performance standards or conditions of approval. The board of supervisors may continue or revoke a deemed approved status, or the board of supervisors may modify the conditions of approval or impose additional reasonable conditions of approval as the board judges are necessary to ensure conformity with deemed approved performance standards.

(d)

A decision of the board of supervisors is final as set forth in Section 14-4.008.

(Ord. 2002-33 § 2).

The administrative hearing officer or the administrative hearing officer's designee must notify the owner of the alcoholic beverage sales commercial activity, and the property owner if not the same, of the date, time and place of the public hearing. Notice must be sent via certified return receipt mail. The public hearing must be noticed by mail or delivery to all persons shown on the last available equalized assessment roll as

owning real property in the unincorporated area of the county within three hundred feet of the subject property in accordance with Section 26-2.2004. All notices must be given not less than ten days before the hearing date. Notification fees will be in accordance with Section 82-38.1006 and paid for by the owner of the deemed approved activity.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 2002-33 § 2).

Fees and fee regulations, including fees for the review, notification, appeal, and reinspection of deemed approved activities, will be in accordance with a fee schedule established by the board of supervisors.

(Ord. 2002-33 § 2).

(a)

Violations of the terms or any of the conditions of approval of a land use permit issued under this article may result in revocation of the permit in accordance with Article 26-2.20, as well as any other enforcement remedy allowed by law.

(b)

If the deemed approved status of a deemed approved activity is revoked, the property owner or business owner is subject to:

(1)

Criminal enforcement action in accordance with Chapter 14-8, including arrest by citation;

(2)

Civil enforcement in accordance with Chapter 14-6; and

(3)

In the case of a property owner, nuisance abatement in accordance with Chapter 14-6.

(c)

Liability for Expenses. In addition to the punishment provided by law, a violator is liable for costs, expenses, and disbursements paid or incurred by the county or any of its contractors in the correction and abatement of the violation. Re-inspection fees to ascertain compliance with previously noticed or cited violations may be charged against the owner of the deemed approved activity in an amount set by the board of supervisors. The county administrator or the county administrator's designee must mail the property owner or business owner of the affected premises a written notice setting forth the itemized cost of chargeable services and requesting payment of those costs. If the bill is not paid in the time stated in the notice, the charges will be referred to the county office of revenue collection, or if the charges are against the property owner, the charges will be placed as a lien against the property in accordance with Chapter 14-6.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 2002-33 § 2).