Rohnert Park Municipal Code Ch. 8.34 Use Permits for Alcoholic Beverage Establishments

As used in this chapter:

"Alcoholic beverage" means any beverage fit for consumption which contains one-half of one percent or more of alcohol by volume.

"Alcoholic Beverage Control (ABC)" means the California Department of Alcoholic Beverage Control.

"Alcoholic beverage establishment" means any off-sale or on-sale alcoholic beverage establishment.

"Alcoholic beverage establishment, off-sale" means any business where alcoholic beverages are sold for consumption off of the establishment's premises including, but not limited to, any business that is required to obtain an ABC license type 20 or 21.

"Alcoholic beverage establishment, on-sale" means any business where alcoholic beverages are sold or served for consumption on the premises, including but not limited to any business required to obtain an ABC license type 40, 41, 42, 47, 48, 51, 52, 61, 63, 74, 75 or other license type implemented by the ABC for licensing consumption on-premises.

"City manager" means the city manager or his or her designee.

"Decoy" means a person under 21 being used by a peace officer as part of any law enforcement-initiated minor decoy program, including programs authorized under Business and Professions Code Section 25658 and any other minor decoy programs operated by the Rohnert Park Department of Public Safety, to apprehend permittees, or employees or agents of permittees, or any other persons who sell or furnish alcoholic beverages to minors.

"Deemed approved establishment" means any licensed, legal nonconforming alcoholic beverage establishment in existence and lawfully operating in the city immediately prior to the effective date of the ordinance codified in this chapter.

"Finance director" means the finance director or his or her designee.

"Director of public safety" means the director of public safety or his or her designee.

"Enforcement officer" means the city of Rohnert Park director of public safety or his or her designee.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019)

The director of public safety is responsible for issuing the use permits required by this chapter, and for carrying out such other responsibilities contained in this chapter.

The director of public safety is also responsible for monitoring compliance by the owners, operators and employees of an alcoholic beverage establishment with conditions imposed on any use permit issued pursuant to the provisions of this chapter, including deemed approved uses, and for initiating appropriate enforcement action in the event of noncompliance.

The finance director is responsible for collecting all annual permit fees imposed pursuant to the provisions of this chapter.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019)

Except as otherwise provided in this chapter, no person shall establish a new on-sale or off-sale licensed alcoholic beverage establishment or substantially modify an existing alcoholic beverage establishment without first obtaining a use permit in the manner provided by this chapter.

(Ord. 780 § 1 (part), 2007)

An application for a use permit required by this chapter must be in the form prescribed by the director of public safety and shall contain all of the following information:

A. The address of the establishment selling alcoholic beverages;

B. The type of ABC license the applicant is seeking for the alcoholic beverage establishment;

C. The true and complete name and address of each lender or shareholder with a five percent or more financial interest in the proposed business or any other person to whom a share or percentage of the income of the establishment is to be paid;

D. For off-sale establishments eleven thousand square feet or less in size, a verification that the establishment is not located within five hundred feet of any existing schools, places of worship, hospitals, parks, playgrounds or other off-sale alcoholic beverage establishments of eleven thousand square feet or less in size; and

E. For on-sale establishments with ABC license types 40, 42 and 48 (bars, nightclubs), a verification that the establishment is not located within one thousand feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishments with ABC license type 40, 42 or 48.

(Ord. 780 § 1 (part), 2007; Ord. No. 841, § 1, 12-13-2011; Ord. No. 930, § 2, 3-12-2019)

An application for a use permit required by this chapter shall be accompanied by an application fee in an amount established by resolution of the city council, based on the estimated costs of reviewing and acting on such applications and compliance monitoring and public education.

(Ord. 780 § 1 (part), 2007)

The director of public safety will consider each complete application for a use permit required by this chapter within thirty business days of submittal, and may consider the following prior to making a decision whether to issue the permit.

A. The proposed alcoholic beverage establishment is located in a zoning district in which the establishment is a permitted use;

B. The proposed establishment will not contribute to an undue concentration of alcohol establishments in the area as defined by Business and Professions Code Section 23958.4(a) or is an establishment for whom the city has made a finding of public convenience or necessity;

C. The proposed off-sale establishment is eleven thousand square feet or less in size and is not located within five hundred feet of any existing schools, hospitals, parks, playgrounds or other off-sale alcoholic beverage establishments of eleven thousand square feet or less in size;

D. The proposed on-sale establishment with either ABC license type 40, 42 or 48 (bars, nightclubs), a verification that the establishment is not located within one thousand feet of any existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage establishment with ABC license type 40, 42 or 48;

E. The proposed establishment is not located in a high-crime area as defined in Business and Professions Code Section 23958.5(a), or where a disproportionate number of police service calls occur.

(Ord. 780 § 1 (part), 2007; Ord. No. 841, § 2, 12-13-2011; Ord. No. 930, § 2, 3-12-2019)

When approving an application for a use permit for an alcoholic beverage establishment, the director of public safety shall issue the permit subject to the operational standards and training requirements set forth in Sections 8.34.130 and 8.34.140 of this chapter.

When approving an application for a use permit for an alcoholic beverage establishment, the planning commission may also impose additional conditions that it determines to be necessary or desirable to insure that the particular use authorized by the permit will be established, operated, and maintained in a way that will prevent nuisances, including but not limited to, premises design conditions that:

A. Require the exterior areas of the premises and adjoining parking lots to be illuminated in a manner that provides lighting sufficient to illuminate and make easily discernable the appearance of all persons on or about the premises while not disturbing surrounding residential and commercial areas;

B. Require litter and trash receptacles that are placed at accessible locations both within and outside the establishment and that are emptied on a daily basis;

C. Prohibit fixtures or furnishings that encourage loitering and nuisance behavior;

D. Reduce opportunities for patrons to congregate and obstruct neighboring properties and public rights-of-way;

E. Otherwise maximize opportunities for surveillance and control of the premises and areas around the perimeter of the premises, including but not limited to cameras or security guards; and

F. Any other conditions deemed appropriate by the planning commission.

(Ord. 780 § 1 (part), 2007)

Any applicant or other person aggrieved by a decision of the director of public safety on an application for a use permit required by this chapter, may appeal in writing the decision of the director of public safety to the city manager by filing a complete notice of appeal no later than ten calendar days following the date the director of public safety gives notice of the decision. To be deemed complete, the appeal must be in writing, state the grounds for the appeal, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied an appeal fee in an amount established by resolution. The city manager shall render a written decision, including the grounds upon which the decision is either upheld or overturned, within fifteen calendar days of the date that a complete notice of appeal was received. The decision of the city manager shall be final.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019)

Every owner of an alcoholic beverage establishment issued a use permit pursuant to the provisions of this chapter shall post a copy of all operational standards, training requirements and any special conditions of the permit in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

(Ord. 780 § 1 (part), 2007)

Except as otherwise provided in this chapter, any alcoholic beverage establishment lawfully operating prior to the effective date of the ordinance codified in this chapter pursuant to an ABC license that authorizes the retail sale of alcoholic beverages for on-site or off-site consumption shall be deemed approved and may continue to lawfully operate without a use permit provided the operation is conducted in compliance with the standards and training requirements set forth in this chapter and has paid the annual permit fee required by Section 8.34.150.

The continued operation of a deemed approved alcoholic beverage establishment shall require approval of a new use permit in the manner provided by this chapter upon the occurrence of any of the following:

A. The establishment changes its type of retail liquor license with the Department of Alcoholic Beverage Control;

B. There is a substantial modification to the mode or character of operation. As used herein, the phrase "substantial change of mode or character of operation" shall include, but not be limited to the following:

1. The off-sale alcoholic beverage establishment increases the floor area or shelf space principally devoted to alcohol sales by twenty-five percent or more; or

2. The on-sale alcoholic beverage establishment increases the floor area principally devoted to the alcohol sales by more than two hundred fifty square feet; or

3. The alcoholic beverage establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period greater than thirty days by the ABC; or

4. The alcoholic beverage establishment proposes to reinstate alcohol sales after a cessation of use for a period of six months or more.

(Ord. 780 § 1 (part), 2007)

Within sixty days following the effective date of the ordinance codified in this chapter, the director of public safety shall:

A. Notify the owner of each deemed approved alcoholic beverage establishment within the city of the establishment's deemed approved status, authorizing the establishment to lawfully continue its operation in the manner required by this chapter;

B. Provide the owner of the establishment with a copy of the provisions of this chapter and call the owner's attention to the requirement that the establishment be operated in accordance with the operational standards set forth in Section 8.34.130; and

C. Provide the owner of the establishment with a copy of the permit fees adopted by the city council in accordance with Section 8.34.150 and advise the owner of the amount and due date of the establishment's annual permit fee.

(Ord. 780 § 1 (part), 2007)

Every owner of a deemed approved alcoholic beverage establishment shall post a copy of all of the operational standards set forth in this chapter in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

(Ord. 780 § 1 (part), 2007)

All new and existing alcoholic beverage establishments shall be operated in conformance with the following operational standards:

A. Compliance with the state's Alcohol Beverage Control Act. All alcoholic beverage establishments shall be operated in strict compliance with the state's Alcohol Beverage Control Act, together with the conditions of any license issued by ABC to the establishment pursuant to that Act.

B. Performance Standards for Outlets. All alcoholic beverage establishments shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance, as defined in Chapter 1.24 of this code, and adhere to the following performance standards in parking areas, sidewalks, alleys and areas surrounding the alcoholic beverage establishments and adjacent properties under the control of the subject alcoholic beverage establishment. "Reasonable steps" shall include calling the police in a timely manner, preventive design features, and requesting those engaging in such activities to cease those activities, unless personal safety would be threatened in making that request. Failure to correct these conditions may result in revocation of the "deemed approved" status, thereby requiring approval of a new use permit in the manner provided by this chapter.

1. It does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

2. It does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area.

3. It does not result in repeated nuisance activities within the premises or in close proximity to the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sexual harassment or sexual battery, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd sexual conduct in public, or police detentions and arrests.

4. It does not result in violations to any applicable provision of any other city, county, state, or federal regulation, ordinance, or statute including but not limited to sale or service of alcohol to minors, service of intoxicated patrons, failure to adhere to state ABC license conditions or local conditional use permit restrictions.

5. Its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding area.

6. A copy of the performance standards shall be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review.

(Ord. 780 § 1 (part), 2007)

A. Training.

1. Prior to July 1, 2022, all sellers/servers of alcoholic beverages shall complete a Responsible Beverage Training Course, administered by a program that has been certified by the California Department of Alcoholic Beverage Control, within sixty days of hire.

2. Beginning July 1, 2022, all sellers/clerks of alcohol employed at off-sale alcoholic beverage establishments are required to take and complete a Responsible Beverage Training Course, administered by a program that has been certified by the California Department of Alcoholic Beverage Control within sixty days of commencing employment or, if already employed by or on July 1, 2022, within sixty days of July 1, 2022. Certifications shall be valid for a period of three years from the date of issuance.

B. Employer Responsibility. Prior to July 1, 2022, all alcoholic beverage establishments found to have employees working as a seller/server or clerk in violation of the training requirements of this Section 8.34.140 will be subject to penalty in accordance with Section 8.34.210. Beginning July 1, 2022, this subsection is applicable only to off-sale alcoholic beverage establishments.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019; Ord. No. 958, § 2, 2-8-2022)

The city council shall establish by resolution an annual use permit fee that shall be imposed on each alcoholic beverage establishment issued a use permit pursuant to the provisions of this chapter, including any new or modified establishment or deemed approved establishment issued a permit pursuant to this chapter. The annual use permit fee shall be assessed for each alcoholic beverage establishment on a sliding scale based on:

A. The hours of operation that alcohol is sold at the establishment;

B. The volume of alcohol sales at the establishment;

C. The estimated annual costs of the police services necessary to monitor and enforce the operational standards and other use permit conditions and requirements for all establishments within that license category; and

D. The estimated staff costs to bill and collect the annual permit fee.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019)

All annual permit fees imposed on an alcoholic beverage establishment operating under a use permit issued in the manner provided for by this chapter and "deemed approved" establishments shall be billed by the finance department on or before the first day of July of each year. The fee is due and payable immediately upon receipt, and will be deemed delinquent if not paid within thirty days of the bill's mailing.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019; Ord. No. 958, § 3, 2-8-2022)

Delinquency in payment shall subject the permittee to collection in accordance with Chapter 1.27 and any applicable late payment charges set forth in the administrative fees and fines schedule adopted by resolution of the city council. Delinquency in payment shall also subject the permittee to revocation of the permit in accordance with Section 8.34.240.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019)

A. The city shall establish an "alcohol permit fee account" for the collection of the fees described in this chapter.

B. Funds from the "alcohol permit fee account" shall be used only to recover costs incurred by the city in regulating licensed alcohol establishments subject to this chapter, including but not limited to education, inspections, monitoring and enforcement of the performance standards, conditions of operation and regulations established for licensed alcohol establishments, enforcement operations, administrative hearings and any other regulatory costs.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019)

A. Not later than the last meeting of August in each calendar year, the enforcement officer shall submit to the city council a report on the expenditures of the total of annual alcohol permit fees collected.

B. The report shall set forth such matters as:

1. The prioritization of problems regarding enforcement of the performance standards, conditions and regulations as set forth in this chapter related to the operation of licensed alcohol establishments in the City of Rohnert Park.

2. Methods of mitigating such problems, through prevention, education and enforcement of the performance standards, conditions and regulations.

3. The specific allocation of the fees to be collected to activities described in the report.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019; Ord. No. 958, § 4, 2-8-2022)

A. It is unlawful for any person to operate a new or modified alcoholic beverage establishment:

1. Without a valid use permit issued in the manner provided by this chapter; or

2. In violation of any requirements and conditions of any applicable use permit issued pursuant to this chapter, including, but not limited to, any operational standards and training requirements.

B. It is unlawful for any person to operate a deemed approved alcoholic establishment in violation of the operational standards set forth in this chapter and incorporated into a permit issued to the establishment pursuant to this chapter.

C. It is unlawful for any person, including any permittee or such permittee's agent or employee, to sell an alcoholic beverage, or cause an alcoholic beverage to be sold, to a decoy.

D. It is unlawful for any permittee of an establishment to allow a seller or server to sell alcoholic beverages at their establishment in violation of the training requirement of this chapter.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019)

Any person violating this chapter shall be guilty of a misdemeanor, which may at the discretion of the city attorney or other enforcing authority be charged and prosecuted as an infraction, and such person shall be subject to the penalties set forth in Chapter 1.16 of this code. Additionally, any person violating the provisions of this chapter shall be subject any other legal remedies of the city, criminal or civil, as set forth in the code or available under law, including but not limited to administrative citation pursuant to Chapter 1.25. The city council may establish by resolution the amount of fines, fees or penalties to be collected by administrative citation for violations of this chapter.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019)

All alcoholic beverage establishments within the city shall be regularly inspected by the public safety department to determine whether the establishments are being operated in compliance with the provisions of this chapter.

(Ord. 780 § 1 (part), 2007)

A. Preliminary Notice. Where the public safety department determines that an alcoholic beverage establishment is operating in violation of the provisions of this chapter, including, but not limited to, any of the training requirements of this chapter or the requirements and conditions of the use permit issued to such establishment, the department of public safety will issue a notice to the permittee that describes the nature of the violation, the corrective action to be taken, and the time within which the corrective action must be completed.

B. Notice of Hearing. If the permittee has not taken corrective action with the time specified, the director of public safety shall provide the permittee with notice of a hearing. The notice shall specify the facts which constitute the violation, specify the time, date, and place of the hearing, and state that the permittee may be represented by counsel or other interested persons. Said notice shall be served at least ten days prior to the hearing by first class mail, postage prepaid, addressed to the permittee as indicated on the most recent use permit application on file. Service shall be deemed complete at the time of deposit in the United States mail.

C. Hearing. At the hearing, the permittee, his or her counsel, and any other interested person(s) shall have the right to present evidence as to the facts upon which the director of public safety proposes to revoke the use permit.

D. Notice of Decision. If after said hearing, the director of public safety finds that any of the grounds for revocation exist, he or she shall within thirty calendar days after the hearing serve by first class mail, postage prepaid, a notice of decision upon the permittee and all interested persons participating in the hearing. Said notice shall specify the findings of the public safety director, the ground or grounds for his/her decision, and shall indicate the appeal procedure.

E. Effective Date of Decision. The decision of the director of public safety shall be final and binding on all interested parties ten calendar days after the notice of decision is mailed, unless an appeal is filed.

F. Appeal. The decision of the director of public safety to revoke a use permit may be appealed in writing to the city manager by filing a complete notice of appeal no later than ten calendar days following the date the director of public safety gives notice of the decision. To be deemed complete, the appeal must be in writing, state the grounds for appeal, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied by an appeal fee in amount established by resolution. The city manager shall hear the appeal within thirty days of receipt of the written appeal. At the hearing, the appellant may present evidence in support of the contentions stated in the notice of appeal. Any interested person(s), including the public safety director, may be allowed to participate in the hearing and present evidence in support of the decision of the public safety director. The city manager shall render a written decision, including the grounds upon which the revocation is either upheld or overturned. A copy of the city manager's decision shall be served by first class mail, postage prepaid, upon the appellant and all parties to the hearing requesting same. The decision of the city manager shall be final.

(Ord. 780 § 1 (part), 2007)

(Ord. No. 930, § 2, 3-12-2019)