San Fernando Municipal Code Art. X Establishments Selling Alcoholic Beverages

Footnotes:

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Editor's note— Ord. No. U-1723, § 5, 2-20-2024, set out to require businesses selling alcohol onsite to obtain a business permit and to establish interim regulations relating to operational requirements and incidental live entertainment in accordance with Government Code §§ 36934 and 36937. This ordinance became effective immediately upon its adoption by a four-fifths vote of the city council. This ordinance shall expire, and its standards and requirements shall automatically terminate 18 months after the date of adoption, unless the city council takes further action.

This article shall apply to all establishments selling alcoholic beverages for onsite consumption, including bars, breweries, distilleries, tap rooms, tasting rooms, clubs, restaurants, and wine bars. The purpose of this article is to set forth rules and regulations that:

(1) Address and mitigate potential secondary adverse impacts associated with the on-site consumption of alcoholic beverages, such as litter, loitering, graffiti, misconduct, and escalated noise levels;

(2) Clarify standards for live entertainment activities at these business establishments; and

(3) Encourage permitted commercial activities while protecting public health and safety and public and private property.

When there is an inconsistency between this article and the city's Zoning Code, including the San Fernando Corridors Specific Plan (SP-5), or a conditional use permit issued for the sale of alcohol to a business that holds a valid business permit, or other regulations under the Code, the stricter of the regulations shall apply.

(Ord. No. U-1723, § 5, 2-20-2024)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, which contains one-half of one percent or more of alcohol by volume and which is prepared for consumption either alone or when diluted, mixed, or combined with other substances, and sales of which require a State Department of Alcoholic Beverage Control (ABC) license.

Alcohol sales establishment means a business or operator subject to this article that requires a license from the California Department of Alcoholic Beverage Control (ABC) for onsite consumption of alcoholic beverages.

Bar means an establishment: (A) that sells or offers for sale alcoholic beverages pursuant to a Type 48 license from the ABC; (B) that limits entry to persons of a certain age during some or all operating hours; and (C) where food service, if any, is subordinate to the sale of alcoholic beverages. This does not include a bar area that is an integrated part of a restaurant.

Brewery means a facility that produces beer, other malt beverages, or other alcoholic beverages other than spirits which require distillation.

Club means a place of entertainment open at night that may serve food and liquor, and which may provide music and space for dancing.

Distillery means a facility where alcoholic beverages are produced through the process of distillation.

Live entertainment, accessory means live entertainment activities related, and clearly subordinate to a principal use of a commercial business or establishment. Examples of accessory live entertainment include live performances, performed by one or more persons, whether or not done for compensation and whether or not admission is charged, such as musical act; theatrical play or act, including stand-up comedy, magic, dance clubs, and disc jockey performances using vinyl records, compact discs, computers, or digital music players when the disc jockey is in verbal communication with the clientele of the establishment.

Live entertainment, incidental means live entertainment activities incidental to the primary use of the commercial business or establishment. Examples of incidental live entertainment include book or poetry readings; parlor games or party games; stand-up performances, such as by comedians or actors; speeches, lectures, or panels; live, unamplified background music; and live, unamplified open mic events. Incidental live entertainment may include other activities as determined by the director to be of the same general character as those listed above, and deemed to not be objectionable or detrimental to surrounding properties and the neighborhood or have a negative impact related to traffic, noise, parking or public safety.

Premises means the actual space within a building or any area on site, either directly or indirectly supporting alcoholic beverage sales.

Restaurant or bona fide public eating place means an establishment engaged in the sale of food and beverages for consumption on or off the premises which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on the premises and must comply with all the regulations of the local department of health. Restaurants shall maintain incidental sale of alcoholic beverages only, and at least one full time cook engaged by the business enterprise to prepare meals for guests on the premises during all permitted hours of operation. "Meals" means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually ordering and obtaining at such time, in good faith, a meal therein.

Tap room means a use associated with, or on the same premises as, a brewery, at which guests may consume and purchase, for on- or off-premises consumption, the manufacturer's products and other nonalcoholic beverages or food. Food service is not required.

Tasting room means a use associated with, or on the same premises as, a winery or distillery, at which guests may consume and purchase, for on- or off-premises consumption, the manufacturer's products and other nonalcoholic beverages or food. Food service is not required.

Wine bar means a bar that specializes in serving wine rather than beer or liquor.

(Ord. No. U-1723, § 5, 2-20-2024)

(a) An alcohol sales establishment that is an applicant for a business permit required under article III shall be required to submit to the planning division the following:

(1) A floor plan shall be reviewed and approved to identify the areas in which all on-site sale and consumption of alcoholic beverages shall occur. This shall be limited to the confines of the building and approved outdoor patio or dining area.

(2) A plan to encourage use of ride share programs, designated drivers, and other methods to discourage intoxicated driving shall be established, and documentation of such a program shall be provided.

(3) A security plan shall be submitted for review and approval prior to the opening of the business.

a. Security personnel shall be required by the city for establishments with occupancy load of over 100 people.

b. The doors to the establishment shall remain closed except upon entering and exiting the business.

c. The security plan shall include a video surveillance system and exterior lighting plan, satisfactory to the community development director or designee, shall be submitted and approved prior to issuing a certificate of occupancy. The video surveillance system shall be installed to assist with monitoring of both the interior and exterior the property. A digital video recorder (DVR) or similar video recording device, capable of exporting images in TIFF, BMP, or JPG format shall be used. Recording shall be retained for no less than 30 days. Exterior lighting shall clearly illuminate the common areas surrounding the building including, but not limited to, the entrance and exit doors and the business address.

(Ord. No. U-1723, § 5, 2-20-2024)

(a) Prior to the service of alcohol within the premises, the operator shall obtain a valid license from the ABC and provide a copy of the license to the planning division and obtain a valid business permit issued by the city.

(b) The city reserves the right to request of the ABC additional conditions, such as restriction of the type of alcohol sold, or other conditions that the city may deem necessary in order to reduce potential impacts.

(c) Should the ABC issue a license suspension or citation, the operator shall provide a copy of said suspension or citation to the planning division.

(d) The operator shall comply with all applicable noise regulations.

(e) The operator shall be responsible for requiring that there be no loitering on the site, on the public right-of-way and or in front of adjacent properties at any time and that all customers shall leave the site no later than 30 minutes after closing, after which, only employees shall be allowed on the premises.

(f) Litter and trash receptacles shall be located at convenient locations, both inside and outside establishment, and trash and debris shall be removed on a daily basis.

(g) The property shall be maintained in a clean and neat manner at all times and shall comply with property maintenance standards as set forth in the Code.

(h) Exterior public telephones shall not be located on the premises.

(i) Reasonable efforts shall be made to remove graffiti within 48 hours of its application.

(j) No person shall appear in a state of nudity in any alcohol sales establishment subject to this article X.

(1) For the purposes of this section, "nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple or below the nipple.

(k) Bona fide eating establishments (restaurants) shall only sell alcoholic beverages during hours that meals are being served and gross receipts from alcohol sales shall not exceed 50 percent of the total revenue of the business.

(l) Special events are permitted with the approval of a special event permit in compliance with city regulations.

(m) No establishment may sell alcoholic beverages for on-premises or off-premises consumption without a conditional use permit for alcoholic beverages approved for such establishment, unless otherwise exempted under the Code.

(n) Tasting rooms for breweries, wine blending facilities, wineries, or distilleries shall be allowed to be open to the public from 11:00 a.m. to 12:00 a.m. daily.

(o) Bars and bona fide eating establishments (restaurants) are prohibited from selling any spirits for consumption off of the premises. The consumption of spirits shall be limited to the restaurant or drinking area as defined per applicable license from the ABC. However, beer and wine may be purchased for off-site consumption, provided that the beer and wine may not be consumed within any public common area near the premises, within any public right-of-way, or outside of any nearby property.

(Ord. No. U-1723, § 5, 2-20-2024)

(a) Live entertainment accessory to an alcohol sales establishment is permitted subject to a conditional use permit and shall be approved separately in accordance with division 4 of the Code.

(b) Live entertainment as an accessory use for purposes of this section shall not include:

(1) Any adult businesses and related uses governed by division 2, article VI, chapter 106 of the Code;

(2) The playing of recorded music over speakers without a disc jockey;

(3) Indoor live entertainment as an incidental use, as defined in subsection (c).

(c) Indoor live entertainment as an incidental use. The following live entertainment is deemed incidental to an alcohol sales establishment is permitted indoors without requiring an additional permit, and when conducted in compliance with the standards identified in subsection (d):

(1) Book or poetry readings;

(2) Parlor games or party games;

(3) Stand-up performances, such as by comedians or actors;

(4) Speeches, lectures, or panels;

(5) Live, unamplified background music;

(6) Live, unamplified open mic events; and

(7) Other uses as determined by the director to be of the same general character as those listed above, and not objectionable or detrimental to surrounding properties and the neighborhood.

(d) Indoor, incidental live entertainment activities may be conducted provided they comply with the following operational standards:

(1) Location. The incidental activity shall occur only within the building of the business, alongside the regular business activity without replacing it at any time.

(2) Frequency. The incidental activity shall occur no more than once weekly, unless the community development director determines that the use will not have adverse negative impacts on surrounding residential or commercial uses related to traffic, noise, parking or public safety.

(3) Outside promoters. The incidental activity shall be part of the primary business use and shall not be sponsored by an outside promoter; however, an activity may benefit a non-profit organization directly engaged in civic or charitable efforts.

(4) Admission charges. There shall be no admission charges to enter the business or any other cover charges based on the incidental activity.

(5) Noise impacts. All activities shall comply with chapter 34, article II.

(6) Traffic and parking. The incidental activity shall not warrant the need for additional off-street parking on a regular basis.

(7) Adverse impacts on adjacent areas. The incidental activity shall not cause adverse negative impacts on neighboring residential or commercial property owners or tenants related to traffic, noise, parking or public safety.

(Ord. No. U-1723, § 5, 2-20-2024)