Chapter 6.86

OFF-SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS

Parts:

• 1 Definitions

• 2 Operating Regulations

• 3 Inspection Program

Part 1

DEFINITIONS

Sections:

6.86.010 Definitions. 6.86.020 Alcoholic beverage. 6.86.030 Alcohol Beverage Control Act. 6.86.040 Alcoholic beverage sales commercial activity. 6.86.050 Director. 6.86.060 Off-sale alcoholic beverage establishment.

• 6.86.070 Premises.

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 27626.)

"Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, and sale of which require a State Department of Alcoholic Beverage Control license. (Ord. 27626.)

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§ 6.86.030

The "Alcohol Beverage Control Act" is codified in Division 9 of the California Business and Professions Code Sections 23000 et seq., as may be amended.

(Ord. 27626.)

"Alcoholic beverage sales commercial activity" means the retail sale, for off-premises consumption of alcoholic beverage.

(Ord. 27626.)

"Director" means the director of the department of planning, building and code enforcement and his or her designee, or such other director designated by the city manager to administer this chapter.

(Ord. 27626.)

• A. The provisions of this chapter shall apply to any off-sale alcoholic beverage establishment.

• B. The provisions of this chapter are intended to provide a minimum level of public health, safety and welfare protection at off-sale alcoholic beverage establishments and of persons residing or working in the surrounding area. Nothing in this chapter is intended nor shall prevent the city from imposing more stringent, site-specific operating requirements and conditions through other applicable permitting and approval processes, including, without limitation, environmental or land use approvals or permits. In the event of a conflict between an operating regulation set forth in this chapter and a requirement or condition contained in any other applicable permit or approval, the more stringent or restrictive requirement or condition shall apply.

• (Ord. 27626.)

"Off-sale alcoholic beverage establishment" includes any business that engages in alcoholic beverage sales commercial activity. (Ord. 27626.)

"Premises" mean the real property on which the alcoholic beverage sales commercial activity is taking place.

(Ord. 27626.)

Part 2

OPERATING REGULATIONS

Sections:

• 6.86.210 Operating regulations. 6.86.220 Compliance inspection. 6.86.230 Property maintenance. 6.86.240 Performance standards.

• A. Each off-sale alcoholic beverage establishment subject to this chapter shall be in compliance with all of the provisions of the Alcohol Beverage Control Act, and the terms and conditions set forth in this chapter.

• B. The provisions of this chapter shall constitute operating regulations for off-sale alcoholic beverage establishments. It shall be unlawful for an owner and/or operator of an off-sale alcoholic beverage establishment to violate any of the provisions of this chapter.

• (Ord. 27626.)

The director and/or any peace officer shall have the power and authority to enter an off-sale alcoholic beverage establishment during regular business hours to inspect the premises, to determine compliance with the provisions of this chapter. (Ord. 27626.)

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BUSINESS LICENSES AND REGULATIONS

§ 6.86.300

The property owner and/or operator of an off-sale alcoholic beverage establishment shall keep the premises in a clean and safe condition by, at a minimum, performing all of the following tasks:

• A. Properly remove and store all trash, litter, rubbish and debris on the premises at the end of each business day; and

• B. Properly dispose of all trash, litter, rubbish and debris from the premises; and

• C. Remove graffiti placed upon the premises within forty-eight hours of its occurrence; and

• D. Keep driveways, sidewalks, parkstrips, fire access roads and streets on or adjacent to the premises clear and clean; and

• E. Provide lighting on the premises to ensure the safety of the public and the employees of the off-sale alcoholic beverage establishment; and

• F. Otherwise operate in a manner that does not create or result in any significant adverse impacts upon its premises or within three hundred feet of the premises.

(Ord. 27626.)

• A. The property owner and/or operator of an off-sale alcoholic beverage establishment shall not conduct the alcoholic beverage sales commercial activity in a manner that creates or results in a public nuisance on the premises or within three hundred feet of the premises, including but not limited to:

  1. Disturbance of the peace;

  2. Illegal drug activity;

  3. Public drunkenness;

  4. Drinking in public;

  5. Acts of vandalism.

• B. The property owner and/or operator of an off-sale alcoholic beverage establishment shall immediately produce, upon request by the director and/or peace officer, a copy of the State Department of Alcoholic Beverage Control license and the terms and conditions of the license.

• C. The property owner and/or operator engaged in the concurrent sale of alcoholic beverage and motor vehicle fuel shall abide by Section 23790.5 of the California Business and Professions Code, as may be amended, in that:

  1. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988.

  2. No advertisement of alcoholic beverage shall be displayed at motor fuel islands.

  3. No sale of alcoholic beverage shall be made from a drive-in window.

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

  5. No beer and wine advertising shall be located on motor fuel islands and no self-illuminated advertising of beer or wine shall be located on buildings or windows.

  6. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age to sell beer and wine.

• (Ord. 27626.)

Part 3

INSPECTION PROGRAM

Sections:

5. Gambling;

6. Prostitution;

7. Sale of stolen goods;

8. Public urination;

9. Theft;

10. Assaults;

11. Batteries; or

• A. The property owner of the premises on which an off-sale alcoholic beverage establishment is

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§ 6.86.300

• engaged in alcoholic beverage sales commercial activity shall pay an annual inspection program fee as set forth in the schedule of fees established by resolution of council.

• B. The fee shall be for the administration of the inspection program and to conduct an annual inspection.

• C. In the event payment has not been received after thirty days from the date the notice to pay was mailed, an additional penalty assessment, pursuant to the schedule of fees as adopted by resolution of the city council, shall be added to the required inspection program fee.

• D. Failure to pay the fee required pursuant to this chapter shall not excuse the property owner from the responsibility of ensuring compliance with the other provisions of this chapter.

• (Ord. 27626.)

• A. Upon receipt of the off-sale alcoholic beverage establishment inspection program fee, the director may cause the premises to be inspected to determine if the premises is in compliance with the provisions of this chapter, other applicable provisions of this Code, and state law.

• B. The premises shall be subject to inspection at any time during regular business hours.

• C. All inspections shall be performed in accordance with Chapter 17.02 of this Code.

• D. The property owner and/or operator shall be provided a written report of the annual inspection within a reasonable time after the inspection.

• E. Should any inspection reveal noncompliance with any of the provisions of the conditional use permit, the Code, or state law, and should reinspection be needed to determine compliance, the cost of any such reinspection, shall be billed to the property owner and/or operator in the amount set forth in the schedule of fees established by resolution of the city council.

• (Ord. 27626.)