Article I — GENERAL — San Bernardino Zoning Code

SECTION I – TITLE AND PURPOSE

A. Title:

(1) This ordinance shall be known as the Conditional Use Permit – Deemed Approved Alcoholic Beverage Sales Regulations Ordinance.
(2) This ordinance requires land use permits for newly established alcoholic beverage sales activities, confers deemed approved status for existing alcoholic beverage sales activities and provides standards and an administrative hearing process to review violations of those standards in order to protect the general health, safety, and welfare of the residents of the City of San Bernardino and to prevent nuisance activities where alcoholic beverage sales occur.

B. Purpose:

(1) To protect residential, commercial, industrial and civic areas and minimize the adverse impacts of nonconforming and incompatible uses; and
(2) To provide opportunities for alcoholic beverage sales establishments to operate in a mutually beneficial relationship to each other and to other commercial and civic services; and
(3) To provide mechanisms to address problems associated with the public consumption of alcoholic beverages such as litter, loitering, graffiti, unruly behavior and escalated noise levels; and
(4) To provide that alcoholic beverage sales establishments are not the source of undue public nuisances in the community; and
(5) To provide for properly maintained alcoholic beverage sales establishments so that the negative impacts generated by these activities are not harmful to the surrounding environment in any way; and
(6) To monitor Deemed Approved establishments to ensure they do not substantially change in mode or character of operation.

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SECTION II – DEFINITIONS

The meaning and construction of these words and phrases, as set forth below, shall apply throughout, except where the context clearly indicates a different meaning or construction.

(A) “Administrator” means the Administrative Hearing Officer as identified in Section III.
(B) “Alcoholic Beverage” means alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires a ABC license.
(C) “Alcoholic Beverage Sales Activity” means the retail sale of alcoholic beverages for onsite or offsite consumption.
(D) "Alcoholic Beverage Sales Establishment" means an establishment where an alcoholic beverage sales activity occurs. Alcoholic beverage sales establishments include but are not limited to the following recognized types of establishments: liquor stores; beer and wine stores; convenience markets; markets; neighborhood specialty food markets; retail sales establishments; wine shops; service stations; taverns; clubs; cocktail lounges, ballrooms, cabarets, dance bars, piano bars; billiard or game parlors, bowling alleys; nightclubs, dance halls; cafes, bars, restaurants with bars; full-service restaurants; and fast food establishments.
(E) “California Department of Alcoholic Beverage Control” or “ABC” refers to the department of the State of California empowered to act pursuant to Article 20, section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.
(F) “Conditions of Approval” means a requirement that must be carried out by the activity by: (1) a new alcoholic beverage sales activity to exercise a land use permit; or (2) a legal nonconforming alcoholic beverage sales activity to comply with deemed approved performance standards and to retain its deemed approved status.
(G) “Deemed Approved Activity” means any Legal Nonconforming alcoholic beverage sales activity, as defined in subsection (J). Such activity shall be considered a Deemed Approved activity as long as it complies with the Deemed Approved Performance Standards set forth in Article III, Section IV.
(H) “Deemed Approved Status” means the permitted use of land for a Deemed Approved Activity. Deemed Approved status replaces Legal Nonconforming status with respect to Alcoholic Beverage Sales Commercial Activity and remains in effect as long as it complies with the Deemed Approved provisions and performance standards.
(I) “Illegal Activity” means an activity, which has been finally determined to be in noncompliance with the Deemed Approved provisions and performance standards.

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Such an activity shall lose its Deemed Approved status and shall no longer be considered a Deemed Approved activity.

(J) “Legal Nonconforming Alcoholic Beverage Sales Commercial Activity” or “Legal Nonconforming Activity” means an Alcoholic Beverage Sales Commercial Activity which was a nonconforming use pursuant to San Bernardino Municipal Code (Development Code) Chapter 19.62, and for which a valid state of California Alcoholic Beverage Control license had been issued and used in the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations Ordinance. Such an activity shall be considered a Deemed Approved Activity and shall no longer be considered a Legal Nonconforming Activity.
(K) “Off-Sale Alcohol Outlet” means an establishment that conducts retail sales of Alcoholic Beverages for consumption off the premises where sold.
(L) “On-Sale Alcohol Outlet” means an establishment that conducts retail sales of Alcoholic Beverages for consumption on the premises where sold.
(M) “Operational Standards” means regulations for the business practice activities and land use for locations with a Conditional Use Permit or those further requirements imposed to achieve these goals. Operational Standards constitute requirements which must be complied with by an establishment in order to maintain its Conditional Use Permit.
(N) “Performance Standards” means regulations for the business practice activities and land use for locations with Deemed Approved status or those further requirements imposed to achieve these goals. Performance Standards constitute requirements which must be complied with by an establishment in order to retain its Deemed Approved status.
(O) “Permit” means a Conditional Use Permit issued pursuant to this ordinance.
(P) “Permittee” means the individual or entity that owns an alcoholic beverage sale establishment and to whom a Conditional Use Permit to operate an alcoholic beverage sale establishment has been issued by the City of San Bernardino.
(Q) “Premises” means the actual space in a building devoted to alcoholic beverage sales.
(R) “Restaurant” means a bona fide eating place whose predominant function is the service of food and where on-site sale of alcoholic beverages is incidental or secondary.

SECTION III – ADMINISTRATIVE HEARING OFFICER

The “Administrative Hearing Officer” shall have the same appointment and qualifications as that designated in San Bernardino Municipal Code Chapter 9.93, Administrative Civil Penalties; and shall conduct public hearings and make recommendations intended to encourage and achieve the compliance of particular alcoholic beverage sale establishments

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with the provisions of this Ordinance. This section is not intended to restrict the powers and duties otherwise pertaining to other City officers or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage sale activities in the City. The Administrative Hearing Officers shall have the powers and duties assigned to them by the Development Code, and other San Bernardino Municipal Code ordinances.

SECTION IV - INSPECTION AND RIGHT OF ENTRY

The sale of alcoholic beverages is a closely regulated industry. The officials responsible for enforcement of the City Municipal Code or other provisions of the Development Code or their duly authorized representatives may enter on any site or into any structure open to the public for the purpose of investigation provided they shall do so in a reasonable manner whenever they have cause to suspect a violation of any provision of this ordinance or whenever necessary to the investigation of violations to the Conditions of Approval or Deemed Approved performance standards prescribed in these regulations. If an owner, occupant or agent refuses permission to enter, inspect or investigate, premises which are not open to the public, the officials or their representatives may seek an inspection warrant under the provisions of California Code of Civil Procedure section 1822.50 et. seq. All such inspections shall be conducted in compliance with the Fourth Amendment to the United States Constitution.

SECTION V – SEVERABILITY

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Mayor and Common Council hereby declare that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections subsections, sentences, clauses or phrases may be declared invalid.