Chapter 5.49

ALCOHOL MANAGEMENT PROGRAMS AND SERVER TRAINING

"Approved program" means a business establishment alcohol management and education program which has been approved by the Police Chief in accordance with regulations adopted by resolution of the City Council, as the same may be amended from time to time.

"Bar" or "tavern" means a facility primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises, in which the serving of food is incidental. "Bar" or "tavern" includes those facilities located within a hotel, motel, or other similar transient occupancy establishment. However, when located within a building in conjunction with another use, including a restaurant, "bar" or "tavern" includes only those areas set aside primarily for the sale and service of alcoholic beverages. "Bar" or "tavern" does not include the dining area of a restaurant, regardless of whether alcoholic beverages are served therein.

"Department" means the Department of Alcoholic Beverage Control of the State of California, or its successors or assigns.

"Manager" means a person, regardless of the job title or description, to whom an on-sale licensee has delegated discretionary powers to organize, direct, carry on or control the operations of a licensed bar or tavern. Authority to control one or more of the following functions shall be prima facie evidence that such a person is the manager of the licensed premises:

• To hire or separate employees;

2. To contract for the purchase of furniture, equipment or supplies other than the occasional replenishment of stock;

3. To disburse funds of the licensed business other than for the receipt of regularly replaced items of stock;

4. To make or participate in making, policy decisions relative to operations of the licensed business.

"Responsible beverage service training course" means a training program recognized by the department for on-sale management and on-sale professional servers.

"Retailer's on-sale license" shall have the meaning given that term under Chapter 1 of Division 9 of the Business and Professions Code of the State of California, as the same may be amended from time to time.

(Ord. 4-98)

• A. No conditional use permit may be issued under and pursuant to Section 17.30.030 of this code to a person who applies to the department for a retailer's on-sale license for a bar or tavern without each such person having first sought and obtained from the City an approved program.

• B. No bar or tavern shall sell alcoholic beverages without an approved program. (Ord. 4-98)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.49.030

§ 5.49.060

• A. No bar or tavern shall sell alcoholic beverages without the presence of a manager at the premises.

• B. Each and every manager of a bar or tavern shall complete a responsible beverage service training course within 30 days of their date of hire.

• C. Each and every person who serves alcoholic beverages for consumption by guests on the premises of a bar or tavern shall complete a responsible beverage service training course within 30 days of their date of hire.

• (Ord. 4-98)

• A. Any person aggrieved by an action of the City in approving or failing to approve a business establishment alcohol management and education program may appeal the decision by filing with the City Clerk a statement addressed to the City Manager setting forth the facts and circumstances regarding the appealed action. The City Clerk shall notify the applicant, in writing, of the time and place set forth for the hearing on his or her appeal.

• B. The right to appeal from the action of the City shall terminate upon the expiration of 15 days following the date written notification advising the applicant of the action of the City and of his or her right to appeal such action.

• C. The hearing on the appeal shall be held within 20 City business days of the City Clerk's receipt of the appeal.

• D. The appellate hearing shall be presided over by a hearing officer selected by the City. A decision regarding said appeal shall then be issued no later than 10 City business days following said hearing. The decision of the hearing officer shall be final.

• (Ord. 4-98)

Any violation of any of the provisions of this chapter or any failure to comply with any of the mandatory requirements thereof shall constitute an infraction subject to subdivision (d) of Section 17 of the Penal Code and, notwithstanding Section 19.8 of the Penal Code, is punishable by a fine not to exceed $50.00 for a first violation, $100.00 for a second violation within one year, and $250.00 for a third and for each subsequent violation within one year. (Ord. 4-98)

4. Editor's Note: Former Section 5.49.050, Abatement of Nonconforming Bars and Taverns, adopted by Ord. 4-98, was repealed by Ord. 07-24, 5/14/2024.

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.50.010

§ 5.50.050