Chapter 17.30 — ALCOHOLIC BEVERAGE CONTROLS

Editor's note(s)—Ord. No. 13-18, § XXVII, adopted Dec. 11, 2018, amended Ch. 17.30 in its entirety to read as herein set out. Former Ch. 17.30, §§ 17.30.010—17.30.070, pertained to special use regulations, and derived from Ord. 27-66; prior code 17.80.020, 17.80.030, 17.84.050, 17.86.020, 17.86.030, 17.86.040; Ord. 17-80; Ord. 38-80; prior code 17.84.030, 17.84.060; 17.83.060; Ord. 20-82; prior codes 17.80.010, 17.80.030, 17.80.040 and 17.80.050, 17.88.010, 17.88.020, 17.88.030; Ord. 4-88; Ord. 2-89; Ord. 3-91; Ord. 1-95; Ord. 12-95; Ord. 19-97; Ord. 13-98; Ord. 4-98; Ord. 14-00; Ord. 23-00; Ords. 3-03; Ord. 20-07; Ord. 23-07; and Ord. No. 08-15, § XI, adopted Aug. 11, 2015. Similar provisions may currently be found at Ch. 17.13.

The purpose of adopting regulations for the sale of alcoholic beverages is to ensure that such sales will not adversely affect surrounding residents, businesses, and institutions; and to ensure that any such use operates in a manner compatible with existing and future adjacent uses. (Ord. 13-18, 2018)

The Master Land Use Table Section 17.13.030 indicates the zones in which the off-sale and on-sale of alcoholic beverages is permitted by issuance of an alcohol exemption permit or a conditional use permit.

(Ord. 13-18, 2018; Ord. 13-25, 9/9/2025)

• A. Bona fide restaurants that offer alcoholic beverages incidental to meal service to restaurant guests, shall be exempt from the provisions of the conditional use permit requirement of Section 17.30.030 if the applicant completes an alcohol exemption permit application and complies with all of the following criteria and conditions:

  1. In conjunction with the ongoing operation of the business, the premises shall comply with all requirements placed upon it by the California Department of Alcoholic Beverage Control (ABC).

  2. This alcohol exemption permit (AEP) may be reviewed one year from the date of opening and may be reviewed each year thereafter. The review shall be conducted jointly by the Community Development Director and/or the Police Chief or designees. The purpose of this review shall be to identify compliance with all of the conditions of Section 17.30.025. If it is determined that the restaurant is not in compliance with all of the conditions of Section 17.30.025, the AEP shall be revoked.

  3. The activity level of the business shall be monitored by the Police Department to establish the level of police services used for the business. Should the level of police services demonstrate that the applicant has not controlled excessive or unnecessary activity resulting in high use of police services, then this alcohol exemption permit shall be revoked.

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City of Orange, CA

ZONING

§ 17.30.025

§ 17.30.025

4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of merchant items that include food within the restaurant during the same time period. The licensee shall at all times maintain records that reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept on a quarterly basis and shall be made available within 10 calendar days of a written request.

5. The use of the building is considered a restaurant, and interior construction will remain consistent with plans submitted with the alcohol exemption permit application. No new interior construction resulting in a change to the floor plan will occur unless a revised floor plan is approved by the Community Development Department.

6. None of the floor area will be designated for dancing or live entertainment.

7. The subject ABC license shall not be exchanged for a public premises Type 48 (OnSale General — Public Premises) license nor operated as a public premises.

8. The sale of alcoholic beverages for consumption off the premises shall be prohibited.

9. All alcohol shall be consumed on the subject site, within the defined licensed premises.

10. Signs shall be posted on all exits of the premises, that prohibit alcoholic beverages from leaving the confines of the premises.

11. The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants.

12. The business indoor hours shall be limited to Sunday through Thursday 7:00 a.m. to 10:00 p.m. and Friday and Saturday 7:00 a.m. to 12:00 a.m. The hours of the outdoor area shall be limited to 7:00 a.m. to 10:00 p.m. daily. These hours do not restrict employees from being on the premises before opening for preparations and deliveries or after closing for clean-up. Clean-up may not be conducted by patrons.

13. At no time shall there be a fee for entrance/admittance into the premises.

14. Employees and/or contract security personnel shall not consume any alcoholic beverages prior to or during their work shift. Any and all security officers provided shall comply with all state and local ordinances regulating their services, including, without limitation, California Business and Profession Code Chapter 11.5, Division 3.

15. The applicant agrees, as a condition of the City's approval of the alcohol exemption permit, to indemnify, defend, and hold harmless, at the applicant's sole expense, the City of Orange and its officers, agents, and employees from and against any claim, action, or proceeding brought against the City arising from or in connection with the approval or implementation of the alcohol exemption permit, excluding claims under CEQA, which is inapplicable to ministerial actions. The City will notify the applicant of any such claim or action and may participate in the defense thereof at the applicant's expense. The obligation shall remain in effect for the duration of the permit.

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City of Orange, CA § 17.30.025

ORANGE CODE

§ 17.30.025

16. Food service, with an available menu, shall be available until closing time on each day of operation.

17. Alcoholic beverages served shall be served by restaurant employees permitted by law to serve alcohol.

18. Alcoholic beverages shall be sold and served in containers that are distinguishable from other non-alcoholic beverages sold at the premises.

19. There shall be no bar or lounge area upon the licensed premises maintained for the purpose of the sale, service, or consumption of alcoholic beverages directly to patrons for consumption.

20. There should be no time when alcoholic beverages are sold at a ratio of two for one; no "stacking" of beverages, which means the serving of two alcoholic beverages at one time to the same customer; and no sales to an "empty chair," which means that each customer must be physically present at the time of the order of any alcoholic beverage.

21. There shall be no promotions encouraging intoxication or drinking contests.

22. There shall be no requirement to purchase a minimum number of drinks.

23. No alcoholic beverages shall be sold from any self-service locations on the premises such as ice tubs, barrels, or any other such containers.

24. The petitioner shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission percentage salary or other profit.

25. The patio shall be enclosed and any gates located on the patio shall remain closed during business hours and used as an emergency exit only. Sign(s) shall be posted on all patio gate(s) indicating "Emergency Exit Only."

26. Alcohol service is not allowed for outdoor dining areas that are located within 100 feet of a sensitive receptor (residential uses, schools, parks, or religious institutions), where the outdoor dining area is oriented to face such sensitive receptor.

27. The use of any amplified systems, televisions, outdoor sound system and paging system or any such devices are prohibited on any outdoor area.

28. An employee shall be able to monitor the patio from inside the business at all times to monitor alcohol.

29. No portion of the premises shall be deemed to be "private" for the purposes of dispensing alcoholic beverages to selected patrons, where the licensee recognizes any form of membership cards, keys or passes that would entitle the holder entry or preferential admittance or exclusive use of any portion of the mentioned premises.

30. The use of a promoter (such as a nightclub operator) or sub-leasing the premises to be used in conjunction with dancing and/or live entertainment is prohibited.

31. There shall be no live entertainment (including karaoke), disc jockey, amplified music, or dancing permitted on the premises at any time. Amplified sound over a

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City of Orange, CA

ZONING

§ 17.30.025

§ 17.30.025

built-in system designed for background music shall not be audible in such a manner to disturb the peace, quiet, and comfort of neighboring occupants, or any reasonable person residing or working in the area.

32. There shall be no special promotional events held on the property, unless a written request for such is received and approved by the City of Orange Community Development Director and the Police Department's Vice Unit at least two weeks in advance of the event.

33. There shall be no pool tables or coin-operated or token-operated games maintained upon the premises at any time.

34. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot.

35. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. The owner shall install and maintain a security camera system capable of readily identifying facial features, and stature of all patrons entering the establishment during hours of operation and monitoring the rear of the premises, to the satisfaction of the Police Department. The camera system shall keep a minimum 30-day library of events, which shall be available for downloading and inspection by the Orange Police Department.

36. Any music or amplified sound on the premises, including an outdoor patio area, shall not be audible beyond the premises in such a manner as to disturb the peace, quiet and comfort of neighboring occupants or any reasonable person residing or working in the area.

37. The permittee shall be responsible for maintaining the area adjacent to the premises over which they have control free of litter.

38. There shall be no exterior advertising promoting or indicating the availability of alcoholic beverages. This includes advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition.

39. Prior to occupancy, a security plan shall be submitted to the City for review and approval. The plan shall address both physical and operational security issues. The business shall operate in accordance with the approved security plan.

40. Exterior doors and windows, as well as the interior of the business, shall be protected by a monitored alarm system, which shall detect an attempted entry or presence of people within the business during closing hours.

41. Uniformed security will be provided by the applicant on days/nights when special event broadcast(s) are being promoted. One security guard per 100 customers shall be present during these broadcasts/events.

42. Provide an interior night light to illuminate the interior and maintain an unobstructed view through storefront windows to provide police patrol officers the ability to

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City of Orange, CA § 17.30.025

ORANGE CODE

§ 17.30.030

observe unlawful activity within the business.

43. The permittee shall maintain on the premises a written security policy and procedures manual addressing, at a minimum, the following items: handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor alcoholic beverage sales and patron behavior; handing patrons involved in fighting or arguing; handling loitering about the building and in the immediate adjacent area that is owned, leased, rented, or used under agreement by the permittee(s); verifying age/checking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity.

44. The applicant shall comply with all federal, state, and local municipal laws, including local City ordinances and regulations. Any violations of these laws in conjunction with this use may be a cause for revocation of this permit.

45. All employees of petitioner who sell or serve alcoholic beverage products shall be required to complete a training program in alcoholic beverage compliance, crime prevention techniques and the handling of violence. For new employees of petitioner, such training program must be completed within 30 days of the date of hire. The employees must provide the City of Orange Police Department, Investigative Services Division, a copy of the completed Alcohol Management Program (AMP) certificate.

46. Graffiti shall be removed from the exterior walls and windows of the premises within 72 hours of discovery.

47. Commencement of operations on the premises under this exemption shall constitute owner's and operator's acknowledgement and acceptance of all conditions contained herein and that failure to comply with any and all conditions shall constitute grounds for potential revocation of the exemption approval.

• B. The approval of an alcohol exemption permit shall be effective for a period of two years from its effective date, after which time, a new determination is required if relevant California Department of Alcoholic Beverage Control permits have not been obtained or if alcohol service is not actively pursued.

• (Ord. 13-25, 9/9/2025)

• A. In order to fulfill the purposes of this chapter, the retail sale of alcoholic beverages is subject to approval of a conditional use permit, unless otherwise eligible for an alcohol exemption permit as specified in Section 17.30.025. The Planning Commission has the authority to issue conditional use permits for the following, except when the application is combined with other submittals that require City Council review, the decision of the Planning Commission is appealed, or as otherwise noted below:

  1. Any original off-sale alcoholic beverage license when not in conjunction with the sale of motor fuel in the CP (Commercial Professional), C1 (Limited Commercial), C-TR (Limited Business, Tustin Redevelopment), C2 (General Business), C3 (Commercial), and CR (Commercial Recreation) zones.

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City of Orange, CA

ZONING

§ 17.30.030

§ 17.30.040

2. Any original off-sale beer, or beer and wine license, in conjunction with the sale of motor fuel in the CP, C1, C-TR, C2, C3, CR and UMU zones, subject to the conditions specified in Section 17.30.060.

3. Any original on-sale restaurant license in the CP, C1, C-TR, C2, C3, CR, M1 and M2 zones.

4. Any original license for the on-site brewing and sale of beer within a restaurant in the CP, C1, C-TR, C2, C3, CR, M1 and M2 zones.

5. Any original on-sale license not associated with a restaurant in the C-TR, C2, C3, and CR zones.

6. Any original off-sale alcoholic beverage license in the M1 and M2 zones shall be subject to the following conditions and limitations. When in conjunction with the sale of motor fuels, the conditions specified in Section 17.30.060 shall also apply:

   • a. The sale of alcoholic beverages shall not be promoted by means of exterior display of signs, posters, pictures, or product, or by visibility from outside the building of any such display.

   • b. The City shall review an approved conditional use permit after six months of operation to determine if the retail sales of alcoholic beverages at, or on, the premises are, and continue to be, an insignificant portion of total retail sales, and to determine if such use should continue.

   • c. At any time the license is sold or possession is transferred to a person, firm, or entity other than the applicant to which the conditional use permit was issued, the City shall review the operations of the new owner or operator to insure the original conditions of approval are complied with.

   • d. The applicant shall execute an agreement with the City to give written notice to the City at any time the license is sold or otherwise transferred to another person, firm, or entity other than the applicant. Moreover, the applicant shall further agree that the City may record such agreement with the Orange County Recorder.

   • e. Final review and determination by the Planning Commission.

7. The Alcohol Management Plan (AMP) is a requirement. The AMP will be managed by the owner/management of each establishment and current annual certification will be furnished upon demand of any law enforcement officer or designee. This training will meet the requirements established by Alcohol Beverage Control as defined in Orange Municipal Code Section 5.49.010(E).

• (Ord. 13-18, 2018; Ord. 07-20, 2020; Ord. 13-25, 9/9/2025)

In making the findings for a conditional use permit for the on-sale and off-sale of alcoholic beverages, the City Council or Planning Commission shall consider whether the proposed use will adversely affect the welfare of the surrounding community or will result in an undue concentration of premises for the sale of alcoholic beverages, including beer and wine, in the City or the area involved. The City Council or Planning Commission shall also consider

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City of Orange, CA § 17.30.040

ORANGE CODE

§ 17.30.060

whether the proposed use will detrimentally affect nearby residentially zoned districts, after giving consideration to the proposed hours of operation and the proximity to the following:

• A. Residential buildings.

• B. Churches, schools, hospitals, public playgrounds, and other similar uses.

• C. Other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.

• (Ord. 13-18, 2018)

Any upgrading of existing licenses to a more restrictive license shall be regulated as follows:

• A. A change from an on-sale beer license for a restaurant to an on-sale beer and wine license for a restaurant shall not require the issuance of a conditional use permit, but shall require an Alcohol Exemption Permit as specified in Section 17.30.025.

• B. A change from an off-sale beer license to an off-sale beer and wine license shall not require the issuance of a conditional use permit.

• C. A change from an on-sale alcoholic beverage license for a restaurant to include the on-site brewing of beer shall not require the issuance of a conditional use permit, but shall require an alcohol exemption permit as specified in Section 17.30.025.

• D. A change from either an on-sale or off-sale beer license or beer and wine license, to an onsale or off-sale general license shall require the issuance of a new conditional use permit, when otherwise not eligible for an alcohol exemption permit as specified in Section 17.30.025.

• E. A license associated with a nonconforming use may be transferred to a new owner, but it may not be upgraded without the approval of an alcohol exemption permit or conditional use permit as specified in Section 17.30.025 or 17.30.030.

• (Ord. 13-18, 2018; Ord. 13-25, 9/9/2025)

Any original off-sale beer or beer and wine license in conjunction with the sale of motor fuel shall be subject to the issuance of a conditional use permit and subject to the following conditions:

• A. No beer or wine shall be displayed within five feet of the cash register or any public entrance.

• B. No sale of alcoholic beverages shall be made from a drive-up window.

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

• D. No beer or wine advertising shall be located on motor fuel islands and no advertising for beer or wine shall be visible from outside the building.

• E. 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.

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City of Orange, CA

ZONING

§ 17.30.060

§ 17.30.090

• F. All containers of alcoholic beverages that are displayed for sale shall be secured against public access between the hours of 2:00 a.m. and 6:00 a.m. or more restrictive hours as determined by the conditional use permit process. Secured refrigerator compartments must have interior compartment separators to prevent access from neighboring nonlocking doors or compartments.

• (Ord. 13-18, 2018)

Any original on-sale or off-sale alcohol license in conjunction with the on-site production in the Industrial Zone shall be approved by the Zoning Administrator subject to the following development standards:

• A. The Operational Standards as outlined in the Alcohol Production Facility Application.

• B. Building tenant space not larger than 10,000 gross square feet.

• C. A tasting room shall not exceed 25% of the total gross floor area, the area permitted for a tasting room may include an outdoor patio area.

• D. Additional standard conditions as approved by the Zoning Administrator in consultation with the Orange Police Department.

• E. On-site production facilities wishing to operate in a different manner as conditioned above shall be subject to a Conditional Use Permit before the Planning Commission as specified in Section 17.10.030.

• (Ord. 07-20, 2020)

Limited Off-Sale Retail Wine Type 85 license holders are subject to approval by the Community Development Director or designee subject to the following development standards:

• A. In the Residential Districts, the permitted use shall comply with Section 17.13.040(KK) Home Occupations.

• B. Type 85 licensees may not maintain a brick and mortar store that is open to the public.

• C. All sales of wine must be conducted via direct mail, telephone or the internet.

• D. Type 85 licensees may not conduct sales directly to the consumer from a premises open to the public.

• E. Type 85 licensees may assist a non-profit organization holding a temporary wine license in conducting a winetasting, but this privilege shall only apply to wine produced for the licensee under a brand it owns exclusively and has donated or sold to the organization for the event.

• F. Type 85 licensees may give or sell wine to a non-profit organization.

• G. Type 85 licensees may not conduct an instructional tasting event for consumers pursuant to a Type 86 license.

• (Ord. 07-20, 2020)

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City of Orange, CA § 17.30.090

ORANGE CODE

§ 17.30.090

All applications for a new or renewed permit for the sale of alcoholic beverages shall be accompanied by a fee set by resolution of the City Council to cover the City costs in performing the background research for the permit. Such fee shall not exceed the estimated cost of performing the background research.

(Ord. 13-18, 2018; Ord. 07-20, 2020)

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City of Orange, CA