Fowler Municipal Code Ch. 9.205 Alcoholic Beverage Sales and Manufacturing

The purpose of this Chapter is to establish standards for businesses engaged in alcoholic beverage sales, consumption, and manufacturing uses in order to protect the health, safety, and general welfare of the public. This Chapter establishes reasonable and uniform standards to prevent the inappropriate location and/or operation of alcoholic beverage sales, consumption, and manufacturing uses within the City.

The requirements of this Chapter apply to all alcohol sales, service, and manufacturing uses.

A. No person, association, partnership, or corporation shall conduct, establish, or advertise any alcoholic beverage sales or manufacturing use in the City of Fowler without first applying for and obtaining the required permit/approval in accordance with the applicable zoning regulations of this Title.

B. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the California Department of Alcoholic Beverage Control.

C. Grocery stores, drugstores, specialty markets, and discount/department stores in excess of ten thousand (10,000) square feet ("primary uses") may offer the incidental sale of beer, wine, and distilled spirits as a permitted use.

D. Corner markets in a residential district may offer the incidental sale of beer and wine as a permitted use but are required to obtain a Major Conditional Use Permit to offer, sell, or serve distilled spirits.

E. Bona fide public eating places may offer the incidental sale of beer and wine as a permitted use but are required to obtain a Major Conditional Use Permit to offer, sell, or serve distilled spirits.

F. Establishments with on-site alcohol beverage sales and consumption that are not a bona fide public eating place as a primary use (i.e., comedy club, nightclub, dance club) are required to obtain a Major Conditional Use Permit.

G. The following activities are exempt from the requirements of this Chapter:

1. Any special event for which a permit has been issued by the City, provided that the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur and all applicable ABC licenses are obtained.

2. Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcoholic Beverage Control Act.

The City Council or authorized designee shall make a finding of public convenience or necessity prior to the California Department of Alcoholic Beverage Control granting the license, when said retail liquor license would be located in a census tract of undue concentration of retail liquor licenses or if the granting of the retail liquor license would cause a census tract to have an undue concentration. (Bus. & Prof. Code § 23817.5.) The City Council or authorized designee must find that:

A. The proposed use is consistent with the General Plan and this Title.

B. The proposed use is compatible with the nature, condition, and character of adjacent land uses.

C. The proposed use would not have an adverse effect on adjacent land uses.

D. The proposed use would not result in an excessive number of similar establishments in close proximity.

E. The proposed use will be essential or desirable to the public convenience or welfare and will not impair the integrity and character of the zone district or be detrimental to the public health, safety, morals, or welfare.

F. Notice of hearing, if applicable, shall be given to all owners of property in the same manner as required by the related permit.

A. Liquor stores, convenience stores, and service stations selling alcohol for off-site consumption shall not be located within six hundred (600) feet from a church, school (k—12), day care center, or public park or playground, as measured between the main entrance of the alcohol selling business and the closest public entrance to the church, school (k—12), day care center, or public park or playground. This requirement shall not apply when the two (2) uses are both located within a commercial or industrial zone.

B. Liquor stores shall be located no less than six hundred (600) feet from another liquor store, as measured between the main entrances of each liquor store.

A. Businesses manufacturing alcoholic beverages, which have a tasting room but do not have a bona fide public eating place in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable State and local health and safety requirements and regulations.

B. Bona fide public eating places with alcoholic beverage manufacturing on-site as an incidental use shall not be subject to the provisions of this Section.

C. All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located.

D. The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a Temporary Use Permit for a special event or services outside of regular hours.

E. There shall be no admission fee, cover charge, or minimum purchase required to enter any business which manufactures or sells alcoholic beverages.

F. The retail area, including the tasting room, shall not exceed fifty percent (50%) of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur.

G. In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed fifty percent (50%) of the total allowable retail area unless approved by the Planning Commission. The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements. Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: "No alcohol allowed past this point."

H. All alcoholic beverage manufacturing equipment shall be located within a completely enclosed building.

I. An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 9.180 (Parking and Loading Standards). For the purposes of calculating parking, the brewing/distilling areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered restaurant space.

J. Parking lots, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer's licensed premises during the hours of darkness as set forth in Chapter 9.175 (Outdoor Lighting Standards).