Chapter 5.40 — ALCOHOLIC BEVERAGE SALE REGULATIONS

The provisions of this chapter shall be known as the Deemed Approved Alcoholic Beverage Sale regulations.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The general purposes of the Alcoholic Beverage Sale regulation are to protect and promote the public health, safety, comfort, convenience prosperity, and general welfare by requiring that Alcoholic Beverage Sale Commercial Activities that are not subject to a conditional use permit comply with the Deemed Approved performance standards of Section 5.40.120 Performance Standards and Deemed Approved Status of this chapter and to achieve the following objectives:

• A. To protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of nonconforming and incompatible uses;

• B. To provide opportunities for Alcoholic Beverage Sale Commercial Activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

• C. To provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior, and escalated noise levels;

• D. To provide that Alcoholic Beverage Sale Commercial Activities are not the source of undue public nuisances in the community;

• E. To provide for properly maintained Alcoholic Beverage Sale establishments, so that negative impacts generated by these activities are not harmful to the surrounding environment in any way;

• F. To monitor that Deemed Approved Activities do not substantially change in mode or character of operation.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. The Deemed Approved Alcoholic Beverage Sale regulations shall apply to the extent permissible under other laws to all Cafés; Full-Service Restaurants; Fast Food Establishments; Convenience Stores; Dance Halls; Liquor Stores; Beer and Wine Stores; Neighborhood/Specialty Food Markets; Retail Sales establishments; and Service Stations within the City that sell Alcoholic Beverages for on or off sale consumption.

• B. Whenever any provision of the Deemed Approved Alcoholic Beverage Sale regulations and any other provision of law, whether set forth in this Code, or in any other law, ordinance, or regulation of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in the Deemed Approved Alcoholic Beverage Sale regulations.

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City of San Leandro, CA

ADMINISTRATION

§ 5.40.108

§ 5.40.120

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Alcoholic Beverage. 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 fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, and sales of which require a State Department of Alcoholic Beverage Control license.

Alcoholic Beverage Sales Commercial Activity. The retail sale, for on-or off-premises consumption, of liquor, beer, wine, or other alcoholic beverages.

Condition of Approval. A requirement which must be carried out by the activity in order to retain its Deemed Approved Status.

Deemed Approved Activity. The sale of alcoholic beverages at any Café; Full-Service Restaurant; Fast Food Establishment; Convenience Store; Dance Hall; Liquor Store; Beer and Wine Store; Neighborhood/Specialty Food Market; Retail Sales establishments, or Service Station that is not subject to a conditional use permit shall be considered a Deemed Approved Activity, as long as it complies with the Deemed Approved performance standards as set forth in Section 5.40.120 Performance Standards and Deemed Approved Status. Any such activity that is a legal nonconforming activity as defined by Chapter 4.20 Nonconforming Uses and Structures shall continue to hold legal nonconforming status.

Illegal Activity. An activity, which has been finally determined to be in noncompliance with the Deemed Approved performance standards in 5.40.120 Performance Standards and Deemed Approved Status of this chapter. Such an activity shall lose its Deemed Approved Status and shall no longer be considered a Deemed Approved Activity.

Performance Standards. Regulations prescribed in the Deemed Approved Performance Standards in Section 5.40.120 Performance Standards and Deemed Approved Status of this chapter.

Premises. The actual space within a building devoted to alcoholic beverage sales. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

All Cafés; Full-Service Restaurants; Fast Food Establishments; Convenience Stores; Dance Halls; Liquor Stores; Beer and Wine Stores; Neighborhood/Specialty Food Markets; Retail Sales Establishments, and Service Stations selling alcoholic beverages and that were not subject to conditional use permits immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale regulations shall automatically become Deemed Approved Activities as of the effective date of the Deemed Approved Alcoholic Beverage Sale regulations. Each such Deemed Approved Activity shall retain its Deemed Approved Status, as long as it complies with the Deemed Approved performance standards set forth in Section 5.40.120 Performance Standards and Deemed Approved Status.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. The purpose of the Performance Standards is to control dangerous or objectionable environmental effects of Alcoholic Beverage Sales Commercial Activities. These standards

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City of San Leandro, CA § 5.40.120

SAN LEANDRO CODE

§ 5.40.128

shall apply to all Deemed Approved Alcoholic Beverage Sales Commercial Activities that hold Deemed Approved Status pursuant to Section 5.40.116 Automatic Deemed Approved Status.

• B. An activity shall retain its Deemed Approved Status only if it conforms with all of the following Deemed Approved performance standards:

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

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

  3. That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passers by, gambling, prostitution, 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 conduct, or police detentions and arrests;

  4. That it does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance or statute;

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

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. The Zoning Enforcement Official shall notify the owner of each Deemed Approved Activity, and, also, the property owner if not the same, of the activity's Deemed Approved Status.

• B. Such notice shall be sent via certified return receipt mail; shall include a copy of the performance standards of Section 5.40.120 Performance Standards and Deemed Approved Status of this chapter; notification that the activity is required to comply with all these same performance standards; that the activity is required to comply with all other aspects of the Deemed Approved Alcoholic Beverage Sale regulations; and that penalties and costs of enforcement may be assessed in the event of a violation.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. Upon receiving a complaint from the public, Police Department, or any other interested party that a Deemed Approved Activity is in violation of the performance standards in Section 5.40.120 Performance Standards and Deemed Approved Status, the Zoning Enforcement Official shall review the violation. Owners or operators of Deemed Approved Activities are encouraged to contact police to handle violations of the law. In order to avoid discouraging such calls, a violation of the performance standards may not be based solely upon the number of police calls for service that a Deemed Approved Activity generates.

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City of San Leandro, CA

ADMINISTRATION

§ 5.40.128

§ 5.40.136

The Zoning Enforcement Official has the authority to work with the owner or operator of the Deemed Approved Activity (also referred to herein as "Respondent") to resolve minor violations. If the Zoning Enforcement Official determines that the operating methods of the Deemed Approved Activity may be causing undue negative impacts on the surrounding area, then the Deemed Approved Status of the Deemed Approved Activity in question shall be reviewed by the Planning Commission in accordance with Section 5.40.132 Violations to Conditions of Approval. This section is not intended to restrict the powers and duties otherwise pertaining to other city officer or bodies, in the field of monitoring and ensuring the harmony of Alcoholic Beverage Sale Commercial Activities in the City.

• B. The Zoning Enforcement Official's referral shall be scheduled for a hearing before the Planning Commission within 45 days of the referral, unless both the ZEO and the Respondent consent to a later date. The purpose of the public hearing is to receive testimony on whether the operating methods of the Deemed Approved Activity are causing undue negative impacts in the surrounding area. The public hearing shall be conducted pursuant to the procedures set forth in Chapter 5.24 Enforcement. Notification of hearings conducted pursuant to this chapter shall be provided to both the property owner and the operator of the Deemed Approved Activity. At the public hearing, the Planning Commission shall determine whether the Deemed Approved Activity conforms to the Deemed Approved Performance Standards set forth in Section 5.40.120 Performance Standards and Deemed Approved Status and to any other applicable criteria, and may continue the Deemed Approved Status for the activity in question or require such changes or impose such reasonable Conditions of Approval as are in the judgment of the Planning Commission necessary to ensure conformity to said criteria and such conditions shall be based on the evidence before the Commission. The decision of the Planning Commission shall be based upon information compiled by staff and testimony from the business owner and all other interested parties.

ire such changes or impose such reasonable Conditions of Approval as are in the judgment of the Planning Commission necessary to ensure conformity to said criteria and such conditions shall be based on the evidence before the Commission. The decision of the Planning Commission shall be based upon information compiled by staff and testimony from the business owner and all other interested parties.

• C. Any new conditions of approval shall be made a part of the Deemed Approved Status and the Deemed Approved Activity shall be required to comply with these conditions. The determination of the Planning Commission shall become final 10 calendar days after the date of decision unless appealed to the City Council in accordance with Chapter 5.20 Appeals.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

• A. In the event of a violation of any of the provisions set forth in these regulations, or upon evidence that there has been a failure to comply with any prescribed condition of approval, the Planning Commission may hold a public hearing. Notification of the public hearing shall be in accordance with Section 5.24.108 Revocation of Discretionary Permits.

• B. The purpose of this public hearing is to receive testimony and determine whether violations to any conditions of approval attached to the site have occurred. The Planning Commission may add to or amend the existing conditions of approval based upon the evidence presented; or, alternatively, may revoke the Deemed Approved Activity's Deemed Approved Status and discontinue the Alcoholic Beverage Sales. The determination of the Planning Commission shall become final 15 calendar days after the date of decision unless appealed to the City Council in accordance with Chapter 5.20 Appeals.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

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City of San Leandro, CA § 5.40.136

SAN LEANDRO CODE

§ 5.40.144

If the City Council determines to charge any fees for review, notification, appeal, and reinspection of Deemed Approved Activities, such fees shall be in accordance with the City master fee schedule.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

• A. Violations. Violations of this chapter shall be enforced pursuant to the procedures in Chapter 5.24 Enforcement.

• B. Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses, and disbursements paid or incurred by the city or any of its contractors in correction, abatement, and prosecution of the violation. Such costs shall be recovered pursuant to Section 5.24.120 Lien Procedure. Re-inspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of the Deemed Approved Activity. Fees shall be in the amount described in Section 5.40.136 Fee Schedule for charged re-inspections.

• (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The Zoning Enforcement Official, or his or her duly authorized representatives, may enter on any site or into any structure 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 these regulations or whenever necessary to the investigation of violations to the Deemed Approved performance standards or conditions of approval prescribed in these regulations. An owner or occupant or agent thereof who refuses to permit such entry and investigation shall be guilty of infringing upon the violations and penalties as outlined in Section 5.40.140 Violations and Penalties and subject to related penalties thereof.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

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City of San Leandro, CA

ADMINISTRATION

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City of San Leandro, CA

SAN LEANDRO CODE

Title Z6

AFFORDABLE HOUSING

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City of San Leandro, CA