Montclair Municipal Code Ch. 11.42 Alcoholic Beverages—regulation of Sale

A. The City Council finds and determines that business establishments and organizations engaged in the sale of alcoholic beverages for consumption on-premises or off-premises frequently generate or contribute to problems which adversely affect the health, peace or safety of the City's residents, property owners, businesses, visitors and workers. Such problems include, but are not limited to, loitering, obstruction of pedestrian and vehicular traffic, defacement of buildings and structures, disturbances 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, excessive littering, illegal parking, excessive loud noises especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, police detentions or arrests, and the deterioration of neighborhoods and discouragement of other businesses from locating in the vicinity of such establishments and business premises.

B. The purpose of this chapter is to protect the health, safety and welfare of the community by:

1. Imposing restrictions on the location of such establishments in relation to one another and in relation to certain public and private facilities and structures; and

2. Requiring that each such establishment or organization obtain a conditional use permit in connection with its business operations or its events and activities which involve the sale of alcoholic beverages.

(Ord. 99-791 Exh. A (part); prior code § 9-6.901)

Notwithstanding any provisions to the contrary contained in this title, a CUP shall be required for all sales of alcoholic beverages within the boundaries of the City, whether for consumption on-site or off-site with the following exception:

Any temporary public assembly relating to an event or activity where an alcoholic beverage is to be sold, served, given away, or consumed and which involved the rental, lease, donation or other temporary acquisition and occupation of a building shall be regulated by an entertainment permit granted by the Police Department.

(Prior code § 9-6.903)

This chapter applies to:

A. Establishments that do not currently sell, but propose to sell, alcoholic beverages;

B. Establishments that currently sell alcoholic beverages but which propose to change the type of alcoholic beverages to be sold, thus necessitating a change in the type of retail liquor license within a license classification;

C. Establishments that currently sell alcoholic beverages, whether as an existing nonconforming use or pursuant to a CUP, if there is a substantial change in the mode or character of operation of the establishment, which includes but is not limited to:

1. A 10 percent increase in floor area,

2. An increase of 25 percent in the seating capacity of any bona fide public eating place operated as a restaurant,

3. An increase of 25 percent in the shelf area used for the display of alcoholic beverages;

D. Establishments which have been abandoned or have discontinued operations for a period of six months or more. The burden of proof shall be upon the applicant to substantiate when such establishment was in operation.

(Ord. 99-791 Exh. A (part); prior code § 9-6.904)

A. Conditional Use Permit (CUP) Required. Any land use which is identified in any chapter of this title as a permitted use and which authorizes a business enterprise to engage in the retail sale of alcoholic beverages as an on-sale liquor establishment, such as a restaurant operating as a bona fide public eating place, a cocktail lounge, or a beer bar, shall be permitted only upon such conditions as the Planning Commission or, on appeal, the City Council deem necessary and appropriate, which shall include the mandatory condition set forth in subsection C of this section, as applicable.

B. Restrictions on Concentration of Certain On-Sale Liquor Establishments. No CUP shall be issued for an on-sale liquor establishment, and no application for such CUP shall be accepted, unless the proposed on-sale liquor establishment meets the location and distance requirements set forth herein. If the on-sale liquor establishment is a cocktail lounge, beer bar, or similar business enterprise which proposes to conduct business operations under a Type 40, Type 42, or Type 48 license issued by the California Department of Alcoholic Beverage Control, said on-sale liquor establishment shall be located at least 500 feet from any existing church, temple or other place of worship, school, hospital, park or playground. Said distance shall be measured from property line to property line of the parcels involved.

C. Mandatory Conditions of Approval. The following mandatory conditions shall be imposed on any CUP issued under this section:

1. The premises shall be maintained at all times in a neat and orderly manner.

2. Trash receptacles shall be provided in such number and at such locations as may be specified by the Planning Commission.

3. No alcoholic beverages shall be sold, dispensed or offered for consumption except within the permitted premises, which shall consist of a wholly enclosed building, except as otherwise permitted by the Planning Commission.

4. The exterior appearance of the permittee's premises shall be designed and maintained in a manner consistent with the exterior appearance of commercial properties already constructed or under construction within the immediate neighborhood so as not to cause blight or deterioration, or to substantially diminish or impair property values within the neighborhood.

5. The permittee shall comply with all State statutes, rules and regulations relating to the sale, purchase, display, possession and consumption of alcoholic beverages.

6. The permittee shall acknowledge and agree that the City has a legitimate and compelling governmental interest in permittee's strict compliance with all conditions imposed upon the permit, including adherence to State statutes, rules and regulations as specified in subsection (C)(5) of this section. The permittee shall further acknowledge and agree, in writing, that any violation of a State statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor has been determined by the City to have a deleterious secondary effect upon:

a. The specific land use requested by the permittee and authorized by the City;

b. The compatibility of permittee's authorized land use with adjacent land uses;

c. The welfare and safety of the general public within the City.

In view of such deleterious secondary effects, permittee shall acknowledge that the City has specif ically reserved the right and authority to impose sanctions, including suspension or revocation of the CUP, as a consequence of one or more violations of a State statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor.

7. The permit shall, after notice to the permittee and an opportunity to be heard, be subject to the imposition of such additional conditions as may be reasonable and necessary to address problems of land use compatibility, security, or crime control that have arisen since the issuance of the permit.

(Prior code § 9-6.905)

A. Conditional Use Permit (CUP) or Administrative Conditional Use Permit (ACUP) Required. Any land use that is identified in any Chapter of this Title as a permitted use, and which authorizes a business enterprise to engage in the retail sale of alcoholic beverages as an off-sale liquor establishment, shall be permitted only upon such conditions as the Director of Community Development, Planning Commission, or City Council deems necessary and appropriate, which shall include the mandatory conditions set forth in subsection (C) of this Section, as applicable.

B. Restrictions on Concentration of Off-Sale Liquor Establishments.

1. No CUP shall be issued to an off-sale liquor establishment of 8,000 square feet or less; and no application for such CUP shall be accepted, unless the proposed off-sale liquor establishment is located 500 feet or more from any other off-sale liquor establishment, measured from property line to property line of the parcels involved, provided, however, that businesses engaging in the off-sale of beer and wine as an incidental use as defined in this Title and subject to approval of an ACUP shall observe a minimum separation of 400 feet from any other off-sale liquor establishment or any other business engaging in off-sale beer and wine as an incidental use, measured as the shortest distance between the public entrances of the subject establishments.

2. No CUP shall be issued to an off-sale liquor establishment of 8,000 square feet or less; and no application for such CUP shall be accepted, unless the proposed off-sale liquor establishment is located 500 feet or more from any existing house of worship, public or private school, park, playground, or hospital measured from property line to property line of the parcels involved. The 500-foot separation requirement shall not be applicable if the proposed off-sale liquor establishment is located within a retail commercial center of two acres or more.

C. Mandatory Conditions of Approval. In addition to the applicable requirements of Section 25600 et seq. of the Business and Professions (B&P) Code, the following mandatory conditions of approval shall be imposed on any CUP or ACUP issued under this section:

1. No inventory, materials, merchandise, or supplies shall be stored or displayed except within a wholly enclosed building.

2. The premises shall be maintained at all times in a neat and orderly manner.

3. Trash receptacles shall be provided in such number and at such locations as may be specified by the Planning Commission (CUP) or Director of Community Development (ACUP).

4. No exterior security bars and rollup doors applied to windows and pedestrian building entrances shall be allowed.

5. Exterior lighting of the parking areas shall be modified as necessary to provide a minimum intensity of at least one foot-candle of light throughout the parking area at all times in compliance with the Montclair Security Ordinance.

6. Window signs or displays shall comply with the following requirements:

a. Temporary or permanent window signs, posters, banners, or other applied graphics shall not cover more than 25 percent of each window and shall not be placed in windows in a manner that will obstruct the view into the building by emergency personnel.

b. Window sign placement shall not obstruct the view of the sales transaction area from inside and outside the building.

c. Any window tinting shall allow for physical identification of all persons in the sales transaction area from outside the building.

d. Temporary or permanent window signs, interior or exterior banners, or other signs placed within the store that are visible from outside the store and advertise the availability of or offer for purchase alcoholic beverages of any kind at the site shall be prohibited.

7. No video or arcade games, pinball machines, pool tables, jukeboxes, or similar devices shall be allowed within the subject lease space with the exception of official State lottery machines.

8. No exterior public telephones, vending or other coin-operated machines, children's rides, collection boxes, and so forth shall be located on the exterior of the subject lease space or the remainder of the site.

9. No alcoholic beverages, including beer and wine, shall be consumed on the premises.

10. Employees selling alcoholic beverages shall be of such age, and subject to such supervision, as is specified in B&P Code Section 25663(b).

11. The exterior appearance of the permittee's premises shall be designed and maintained in a manner consistent with the exterior appearance of commercial premises existing or proposed in the immediate neighborhood so as not to cause blight or deterioration or to substantially diminish or impair property values in the neighborhood.

12. The permittee shall comply with all State statutes, rules, and regulations related to the sale, purchase, display, possession, and consumption of alcoholic beverages.

13. The permittee shall acknowledge and agree that the City has a legitimate and compelling governmental interest in permittee's strict compliance with all conditions imposed upon the permit including adherence to State statutes, rules, and regulations as specified in subsection (C)(12) of this section. The permittee shall further acknowledge and agree that any violation of a State statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor has been determined by the City to have a deleterious secondary effect upon:

a. The specific land use requested by the permittee and authorized by the City;

b. The compatibility of permittee's authorized land use with adjacent land uses; and

c. The welfare and safety of the general public within the City.

In view of such deleterious secondary effects, permittee shall acknowledge that the City has specifically reserved the right and authority to impose sanctions, including suspension or revocation of the CUP, as a consequence of one or more violations of a State statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor.

14. The permit shall, after notice to the permittee and an opportunity to be heard, be subject to the imposition of additional conditions following its issuance, which additional conditions may be imposed by the Planning Commission or, upon appeal, by the City Council to address problems of land use compatibility, security, or crime control that have arisen since the issuance of the permit.

15. No alcoholic beverages shall be consumed on the site nor shall any person have an open alcoholic beverage container on the site or adjacent sidewalks, streets, or alleys. Signs stating, "NO LOITERING. POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS ON THESE PREMISES AND ADJACENT PUBLIC AREAS IS PROHIBITED PURSUANT TO MMC SECTION 7.08.010(A)" at each entrance and in the parking lot adjacent to the licensed premises.

(Ord. 99-791 Exh. A (part); prior code § 9-6.906)

(Ord. No. 13-933, § 2, 6-17-13)

The Commission or City Council may grant the requested use permit in whole or in part upon such terms and conditions as it may deem necessary to safeguard and protect the public health, safety and general welfare of the community.

Prior to issuance of any building or occupancy permit, the owner and/or anyone applying on the owner's behalf shall agree, in writing, to meet and abide by all the conditions and requirements imposed on the CUP.

(Prior code § 9-6.907)

Procedures for notice of a hearing, conduct of a hearing, and an opportunity for all parties to present testimony shall comply with Chapter 11.78 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-6.908)

A CUP may be revoked, in accordance with Section 11.78.120 of this Code, if the Commission or Council make any of the following findings:

A. That any condition of a CUP or an amended CUP has not been complied with or has been violated;

B. That the use is detrimental to the public health or safety or is a nuisance;

C. That the CUP was obtained by fraud;

D. That the use for which the permit was granted is not being exercised; or

E. That the use for which the permit was granted has ceased or been suspended for six months or more.

(Prior code § 9-6.909)

A. Any modification, expansion, or upgrade of an alcoholic beverage license issued by the Alcohol Beverage Control (ABC) Board requires one of the following:

1. An amendment to the existing CUP in accordance with the provisions set forth in this chapter; or

2. CUP approval if a use permit currently does not exist for the alcoholic beverage license.

B. Any transfers of an alcoholic beverage license from one owner to another, for the same address, shall not be subject to CUP approval, assuming there is no expansion or change to the existing license.

(Prior code § 9-6.9010)

Automobile gasoline service stations with retail sales including food, groceries, magazines, alcohol, and the like shall be subject to at least the following standards and requirements:

A. CUP approval is required for all gasoline service stations with or without alcohol sales;

B. Site development standards shall comply with Section 11.20.050 of this Code;

C. The sale of alcoholic beverages shall be restricted to beer and wine. Distilled spirits (hard liquor) shall be prohibited;

D. The consumption of beer and wine on the premises shall be prohibited;

E. No beer and wine shall be displayed within 10 feet of the cash register or the front door;

F. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine;

G. No sale of alcoholic beverages shall be made from a drive-in window;

H. Promotional display of beer and wine shall be made at room temperature;

I. No beer and wine advertising shall be located on motor fuel islands and no self-illuminated advertising, including neon lighting, for beer or wine shall be located on buildings or windows; and

J. No display or sale of beer or wine shall be made from an ice tub.

(Ord. 99-791 Exh. A (part); prior code § 9-6.9011)

Any interested party may appeal by filing a Notice of Appeal with the City Council no later than 10 days after the Planning Commission's decision is made. Said appeal shall state the grounds upon which the appeal is made. Said Notice shall be accompanied by a fee equal to one-half of the original filing fee. The City Council shall schedule a public hearing to be held no later than 30 days after the Notice of Appeal is filed and shall render its decision within 30 days of said hearing date.

(Ord. 99-791 Exh. A (part); prior code § 9-6.9012)