Chapter 17.59 — ALCOHOL SALES

It is the purpose and intent of this chapter to provide for the orderly regulation of businesses that sell alcohol for on-sale or off-sale consumption in commercial and mixed-use zones. It is recognized that these establishments by their very nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulations, review of proposed business operations, and approval of a conditional use permit by the Planning Commission is necessary. (Ord. 2010-02 § 1 (part), 2010)

As used in this chapter:

A. Alcohol. Any bottled or prepared beverage with more than one-half of one percent (0.005%) alcohol content per volume. This includes any beer, wine, wine cooler, frozen mixed drink, hard alcohol or spirits, liqueur or any other variation of a drink with alcoholic content.

• B. Commercial Zones. The RC and MU zoning districts.

• C. On-Sale Alcohol. Any drink served and/or prepared at the site with the intent of buying and drinking at this same site. This includes any bar or any bar affiliated with a restaurant.

D. Off-Sale Alcohol. Any drink served at a site with the intention of buying the drink there and taking it somewhere private to drink.

• E. Public Convenience or Necessity. The grouping of criteria that is considered when making the determination of whether a new site where alcohol will be bought and sold will be established.

• F. Residential Zone. The LDR, R-1, R-2, R-3 and R-4, zoning districts. (Ord. 2010-02 § 1 (part), 2010)

Before the opening of a new business, extending the hours of operation of any establishment that sells or serves any alcoholic beverage, or adding to the capacity, floor area or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages, the applicant must obtain a conditional use permit from the Planning Commission. Conditions of approval will vary with each application including location, on-sale or off-sale business, public convenience and necessity, and any other, city, state, and federal laws that may apply. The criteria that will be followed to approve the conditional use permit are as follows:

A. Conditional Use Permit. The Planning Commission shall review all conditional use permit requests for proposed alcohol sales. The following information must be provided to approve conditional use permit requests:

1. A list of all establishments within a one thousand (1,000) foot radius with similar size and array of products. If there is any other establishment, other than a food service establishment with incidental service of beer and/or wine within a one thousand (1,000) foot radius of the site of the proposed use that is in the same category of alcoholic beverage sales or service and the State Department of Alcoholic Beverage Control finds that the request will result in an overconcentration of alcohol sales within the applicable Census Tract, then the city shall not approve the application unless it makes all of the following findings of “public convenience or necessity;”

2. The number of businesses having authority to sell alcoholic beverages in the census tract of the subject site;

3. The extent to which the crime reporting district in which subject site is located exceeds the average for crime reporting districts subject to the jurisdiction of the Police Department;

4. The proximity of the subject site to school, park, playground, recreational center, day care, or similar use.

B. Public Convenience or Necessity. A determination of Public Convenience or Necessity (PCN) is required by the Department of Alcoholic Beverage Control (ABC) when there is an overconcentration of alcohol sales licenses within a defined census tract. ABC determines if there is an overconcentration of licenses in a census tract and will require a determination of public convenience or necessity from the city. The City Council is the appropriate authority to review and make a PCN determination. This determination must be made prior to Planning Commission review of a conditional use permit to allow alcohol sales.

• C. To approve a PCN determination, the following findings must be satisfied:

1. The proposed establishment will promote the city's economic health, consistent with the General Plan and any applicable Specific Plan policies to further district purposes;

2. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales;

3. The applicant has not operated a licensed establishment, which has been the subject of verified, complaints, or violations regarding alcohol, public safety or nuisance statutes or regulations;

4. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area;

5. Alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment. (Ord. 2010-02 § 1 (part), 2010)

In addition to any other conditions appropriate to the particular circumstances, the following standard conditions should apply to all alcohol sales establishments:

• A. All on-sale or off-sale locations shall comply with the following conditions:

1. Beer, malt beverages, and wine coolers in container of sixteen (16) ounces or less cannot be sold as single items, but must instead be sold in manufacturer prepackaged multi unit quantities.

2. There shall be no sales of beers, ales or wines that have screw tops in bottles less than three hundred and seventy-five (375) milliliters, unless sold in manufacturer prepackaged multi-unit quantities.

3. The applicant shall be responsible for maintaining free of litter that area in front of and adjacent to the premises over which they have control.

4. No signs advertising the sale of alcoholic beverages shall be displayed outside of the store.

5. Licensee or its employees shall regularly police the area under the licensee's control in an effort to prevent the loitering of persons about the premises.

6. The sale of liquor in the store shall be limited to no more than two hundred (200) linear feet of display, which shall include the use of multi-tiered shelving not to exceed thirty-six (36) inches in depth.

7. If any of conditions are found to be disregarded, the use permit for alcohol sales will be subject to revocation. If necessary, the Planning Commission may modify the use permit after holding a noticed public hearing and making applicable findings.

8. Establish and maintain a “complaint response/community relations” program with the Police Department.

• B. On-Sale Business. An on-sale establishment must comply with the following conditions:

1. No sale of alcohol is allowed for off-site consumption;

2. No vegetation around the site that can be used as a hiding place; 3. A sign concerning the California law prohibiting minors to drink alcohol and a sign prohibiting loitering or public drinking must be posted; 4. A copy of the conditions of approval must be kept on premises and available upon request; 5. All servers shall receive “responsible beverage service training,” and documentation of this training, shall be retained on the premises and made available upon request; C. Off-sale business. An off-site establishment must comply with the following conditions:

3. No sale of alcohol is allowed for on-site consumption;

4. Trash receptacles shall be located at convenient locations outside the establishment, and operators of the business shall remove all trash on a daily basis;

5. Pay telephones on the site of the establishment, when applicable, must be of the type that only allow outgoing calls;

6. In establishments with glass storefronts, windows shall allow for unobstructed interior viewing of the cash register area from the street; 5. A sign concerning the California law prohibiting minors to drink alcohol and a sign prohibiting loitering or public drinking must be posted;

7. A copy of any use permit conditions of approval will need to be kept on premises and available upon request;

8. All employees shall receive “responsible beverage service training,” and any employee on duty between 10:00 p.m. and 2:00 a.m. will be at least twenty-one (21) years of age, and documentation of this training shall be retained on the premises and made available upon request;

9. Make attempts to limit alcohol related problems which negatively impact those living or working in the neighborhood. (Ord. 2017-14 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

No on-sale or off-sale liquor establishments shall be open within an exclusively residential district. This restriction shall not apply to special event functions provided all other permits are secured from the Police Department.

(Ord. 2017-14 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)