Article 16 — Liquor Stores, Convenience Stores, and Mini-Markets

The purpose of this article is to promote the public health, safety, and general welfare of the city by regulating and providing development standards for liquor stores, convenience stores, and mini-markets.

This article is intended to reduce problems associated with liquor stores, convenience stores, and minimarkets. Such problems include, but are not limited to, littering, loitering, graffiti, noise and interference with the quiet enjoyment of surrounding properties and uses. (Ord. No. 01-30, § 1b, 1-7-02)

A new liquor store, convenience store, or mini-market shall be subject to the approval of a conditional use permit, whether or not the business engages in retail sales of alcoholic beverages through a State of California Department of Alcoholic Beverage Control (ABC) off-sale license. An existing liquor store, convenience store, or mini-market shall also be subject to the approval of a conditional use permit for the following actions:

• (a) Issuance of a new off-sale ABC license;

• (b) Any change in the type of off-sale ABC license;

• (c) Any type of premises to premises transfer of an existing off-sale ABC license;

• (d) A cumulative expansion of 100 square feet or more of the gross floor area; or

• (e) Any suspension or revocation of the off-sale ABC license for five days or more by the state in a cumulative five-year period by the state. The licensee of the establishment shall file and have approved a conditional use permit before the off-sale ABC license can be reestablished.

• (Ord. No. 01-30, § 1b, 1-7-02; Ord. No. 10-1, § 1a., 1-19-10)

The city council may adopt development and operational standards for liquor stores, convenience stores, and mini-markets that may be applied on a case-by-case basis as conditions of approval by the review authority. The final review authority may use the following standards in review of new conditional use permits to impose conditions of approval on the use to ensure compliance with the findings contained in Chapter III, Planning Applications:

• (1) Alcoholic beverage sales from drive through or walk-up service windows shall be prohibited.

• (2) Wine, beer and other distilled spirit shall be sold in the factory manufactured packages for retail sales. Factory multiple-packed bottles or cans shall not be unpackaged to be sold individually. This restriction is not intended to prohibit the sale of beverages in a single container packaged by the manufacturer for individual sale.

• (3) Beer or wine shall not be displayed or sold from an ice tub or any other type of portable refrigerated unit.

• (4) The business shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The business shall institute whatever security measures are necessary to comply with this requirement.

(Ord. No. 01-30, § 1b, 1-7-02; Ord. No. 10-1, § 1a., 1-19-10)

• (a) Public nuisance. If it is determined that certain characteristics of the liquor store, convenience market, or mini-market are detrimental to the public health, welfare, and safety and contrary to public interest, city council may declare the liquor store, convenience store, or mini-market as a public nuisance, as defined by California Civil Code sections 3479 and 3480 , and abate said nuisance pursuant to the procedures set forth in section 13-17 of the zoning code.

• (b) Findings. In addition, the final review authority may modify or revoke a conditional use permit for a liquor store, convenience store, or mini-market based upon the findings in section 13-29(o), or upon making one or more of the following findings:

  • (1) That the approval was obtained through fraudulent, erroneous, or misleading information;

  • (2) The use is being operated in an illegal or disorderly manner;

  • (3) The terms or conditions of approval of the conditional use permit have been violated;

  • (4) The use creates an adverse impact on the health, safety, or welfare of surrounding properties and uses; or

(5) The use is operated in violation of ABC rules and regulations.

(Ord. No. 01-30, § 1b, 1-7-02; Ord. No. 10-1, § 1a., 1-19-10)