San Jose Municipal Code Part 2 Operating Regulations

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.)

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.)

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. Gambling;

6. Prostitution;

7. Sale of stolen goods;

8. Public urination;

9. Theft;

10. Assaults;

11. Batteries; or

12. 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.)