Part 12 — ALCOHOLIC BEVERAGE SALES

a. As used in this chapter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning:

1. “Low-risk alcohol outlet” is a bona fide restaurant, brewpub or microbrewery when operated in conjunction with a bona fide restaurant, bed-and-breakfast inn, conference center, and similar establishments that include food service but do not include live entertainment except incidental live entertainment, or food store where alcoholic beverages are sold. A tasting room, as defined in subsection (a)(7) below, may also be considered a low-risk alcohol outlet, subject to the requirements for lowrisk alcohol outlets provided in Section 24.12.1106 of this chapter. A low-risk alcohol outlet shall not be associated with a license from the Department of Alcoholic Beverage

Control that restricts minors from entering the facility or that identifies the use as a bar, tavern, nightclub or any other outlet deemed high-risk outlet according to this chapter.

2. “High-risk alcohol outlet” is a retail outlet where alcoholic beverages are sold such as a bar or winebar, tavern, liquor store, convenience store, nightclub, banquet facility, and/or premises where live entertainment and/or dancing occurs, and/or any on-sale or off-sale alcohol outlet which, as part of its regular operating hours, stays open past midnight on one or more days of the week.

3. Eating and Drinking Establishment – Bona Fide Restaurant. A “bona fide restaurant” is a retail establishment which is regularly and in a bona fide manner used and kept open for the principal purpose of serving a variety of meals or menu items to patrons for compensation, and which has (1) suitable kitchen facilities on the premises which contain conveniences for cooking and/or preparing an assortment of foods which may be required for ordinary meals and for which the kitchen must be kept in a sanitary condition and must be in compliance with the local department of health regulations; (2) a primary use of sit-down service to patrons; (3) adequate eating arrangements for patrons on the premises; (4) sale of alcoholic beverages as an incidental use and only when served at tables or counters; (5) does not include live entertainment except incidental live entertainment. A bona fide restaurant, which includes, but is not limited to, any facility which has obtained a Department of Alcoholic Beverage Control license such as a Type 41 or Type 47, does not include any billiard or pool hall, video arcade, game parlor, card room, gambling establishment, bowling alley, shooting gallery or adult entertainment business; and (6) a minimum of fifty-one percent of the monthly gross receipts shall be from the sale of meals, not to include cover or admission charges, or alcoholic beverages sales, during the same period. The owner/operator may be required to submit certified records or evidence

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pertaining to the sales of meals and alcoholic beverages to the finance department as part of review of the use permit, upon request by city officials, for the purpose of verifying compliance.

4. “Incidental live entertainment” is live entertainment with instrumental and vocal music with small personal amplifiers provided for the listening pleasure of patrons, and which does not include karaoke or a disc jockey format or dancing and has an indoor stage/performance area not exceeding eighty square feet.

5. “Live entertainment” involves music, comedy, readings, dancing, acting or other entertainment performed by one or more persons, whether or not such person or persons are compensated for such performances. This use includes dancing by patrons to live or recorded music.

6. “Nightclub” is a retail establishment which is regularly and in a bona fide manner used and kept open for the principal purpose of providing live entertainment, food, and beer and wine or distilled spirits; is considered a public premises which does not allow entrance to any person under twenty-one years of age; does not allow for sale of alcoholic beverages for consumption off the premises and is considered a high-risk alcohol establishment.

7. “Tasting room” is an area within a building where a small quantity of a product being manufactured on or off the site is provided to the public for tasting. See additional criteria under Section 24.12.1106(9).

b. Use Determination. The zoning administrator may determine at a public hearing that a use not specifically described in this chapter is of the same general character as a “low-risk alcohol outlet” or a “high-risk alcohol outlet” subject to the use permit procedures set forth in Part 1, Chapter 24.08 of this title.

(Ord. 2017-11 § 1, 2017: Ord. 2015-06 § 1, 2015: Ord. 2010-02 § 1 (part), 2010).

1. Special Use Permit Required. In addition to the other requirements set forth in Sections 24.12.1100 through 24.12.1106, on and after the date the ordinance codified in this part becomes effective, no high-risk alcohol outlet, as that term is defined pursuant to Section 24.12.1100(a)(2), whether on-sale or off-sale, shall be established without first obtaining a special use permit from the city of Santa Cruz, in accordance with this part and Chapter 24.08.

2. Posting Requirement. A copy of the conditions of approval for the special use permit shall be kept on the premises of the establishment and posted in a place where it may readily be viewed by any member of the general public.

3. Findings. In approving a special use permit, it shall be determined by the hearing body that all of the following apply:

a. The proposed use complies with all of the mandatory requirements of this section and Section 24.12.1102;

b. The proposed use will not adversely affect the health, safety or welfare of area residents, or uses, or will not result in an undue concentration in the area of high-risk establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine;

c. The operational characteristics of the proposed use, such as live or amplified entertainment, will not have a negative impact upon the surrounding area;

d. The proposed use is compatible with the sizes and types of other neighboring uses in the surrounding area; and

e. The proposed use is not located in what has been determined to be a high-crime area, or where a disproportionate number of police service calls occur.

4. Conditions. The planning commission or city council on appeal may deny any application which is inconsistent with the above-

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noted findings, or may impose any conditions on the applicant or proposed location reasonably related thereto, or to the health, safety or welfare of the community, in addition to the specific requirements set forth in Section 24.12.1102.

(Ord. 2017-11 § 2, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995. Formerly 24.12.1100).

1. Except as provided in subsection (1)(a), no high-risk alcohol outlet shall be located within six hundred feet of any other high-risk alcohol outlet (including legal, nonconforming low-risk outlet approved with an administrative use permit that would be considered a high-risk outlet under the ordinance currently in effect), any public educational use zoned P-F, public park with a playground, hospital, medical clinic, alcohol or other drug abuse recovery or treatment facility, or community care residential facility providing mental health/social rehabilitation services. For the purpose of this subsection, the six-hundred-foot distance requirement shall be measured from the periphery of the property boundary of such establishments. With respect to a public park with playground, the six-hundred-foot distance shall be measured from the periphery of the playground area.

a. The planning commission, or the city council on appeal, may grant an exception to the six-hundred-foot spacing requirement between high-risk alcohol outlets, except in the case of public educational uses, only if the applicant can establish that any public benefit that could be served by the issuance of the special use permit will outweigh concerns affecting public health and safety. The burden of proof is on the applicant to show that the overall effect will be positive.

2. A wall or other appropriate buffer may be required around the parking area of such establishments when said area is adjacent to

properties zoned or used for residential purposes or any of the above-referenced sensitive uses.

3. Exterior lighting of the parking area shall be kept at a sufficient intensity so as to provide adequate lighting for patrons, while not disturbing surrounding residential or commercial areas.

4. All establishments shall be required to install and maintain interior and exterior surveillance cameras. In conjunction with an ongoing investigation, access to the surveillance footage shall be made available to law enforcement upon request.

5. All establishments shall be required to have a public telephone listing and to control incoming phone calls.

6. The applicant shall be required to provide evidence of the adoption and implementation of responsible beverage service (RBS) policies and practices, including but not limited to participation in a formal RBS training program. For the purposes of this subsection, “formal RBS training program” shall mean any program from a list of vendors or programs approved by the Santa Cruz police department.

7. Employees shall be at least twenty-one years of age to sell and serve alcohol.

8. The applicant must bear the cost of modifications or cease operations if, subsequent to the approval of a special use permit, it is determined pursuant to Section 24.12.1110 that the establishment constitutes a public nuisance.

9. Special Requirements for On-Sale Establishments.

a. The sale of alcoholic beverages for consumption off the premises shall be prohibited; and

b. Special security measures such as security guards and burglar alarm systems may be required.

10. Special Requirements for Off-Sale Establishments.

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a. The operation of video or any other electronic games shall be prohibited in conjunction with the sale of alcoholic beverages;

b. If the establishment is located in a shopping center, the sale of alcoholic beverages for consumption on the appurtenant common areas may be prohibited;

c. Exterior public telephones, limited to outgoing calls only, may be located on the premises;

d. Litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove litter and debris on a daily basis; and

e. Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.

11. Special Requirements for Establishments with Live Entertainment.

a. A yearly entertainment permit from the police department must be obtained.

b. An acoustical study is required to ensure that sound attenuation techniques have been implemented and that noise generated by the facility meets the performance standards in the zoning ordinance.

c. Security personnel shall be provided on the premises and/or around the perimeter of the property as required by the police department. d. Security measures such as additional lighting and/or security cameras may be required.

e. The maximum occupancy is limited to the number identified by the fire marshal and may be further limited in the use permit based on land use compatibility issues, parking availability and security personnel.

f. If the public right-of-way is proposed for queuing for patrons, a management plan to control crowds and litter as well as to ensure adequate pedestrian circulation must be made part of the proposal.

g. Adequate ventilation shall be provided so that openings to the outside can be closed when the facility is at full capacity.

12. Conditions. The planning commission, or the city council on appeal, may deny any application which is inconsistent with the findings in Section 24.12.1101(3), or may approve said application with reasonable conditions related to the public health, safety or welfare, including, but not limited to, those set forth in this section.

(Ord. 2017-11 § 3, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

1. Administrative Use Permit Required. In addition to the other requirements set forth in this part, on and after the effective date of the ordinance codified in this chapter, no low-risk alcohol outlet shall be established without first obtaining an administrative use permit from the city of Santa Cruz, in accordance with Chapter 24.08 and this part.

2. Posting Requirement. A copy of the conditions of approval for the administrative use permit must be kept on the premises of the establishment and posted in a place where it may readily be viewed by any member of the general public.

3. Findings. In approving an administrative use permit it shall be determined by the hearing body that:

a. The proposed use complies with all of the requirements of this section and Section 24.12.1106;

b. The proposed use will not adversely affect the health, safety or welfare of area residents, or uses, or will not result in a harmful concentration in the area of establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine;

c. The operational characteristics of the proposed use, such as live or amplified entertainment, will not have a negative impact upon the surrounding area; and

d. The proposed use is consistent with the surrounding neighborhood character.

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4. Conditions. The zoning administrator, or zoning board or city council on appeal, may deny any application which is inconsistent with the above-noted findings, or may approve said application with reasonable conditions related to the public health, safety or welfare, including, but not limited to, those set forth in Section 24.12.1106.

(Ord. 2017-11 § 4, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

1. A wall or other appropriate buffer may be required around parking areas when said area is adjacent to properties zoned or used for residential purposes or to sensitive uses, including, but not limited to, educational uses (public), public parks with playgrounds, and other similar uses.

2. Exterior lighting of parking areas shall be kept at a sufficient intensity so as to provide adequate lighting for patrons, while not disturbing the surrounding residential or commercial area.

3. The applicant may be required to provide evidence of the adoption and implementation of responsible beverage service (RBS) policies and practices, including, but not limited to, participation in a formal RBS training program. For the purposes of this subsection, “formal RBS training program” shall mean any program from a list of vendors or programs approved by the Santa Cruz police department.

4. The applicant may be required to have employees be at least twenty-one years of age to sell and serve alcohol.

5. The zoning administrator, and the planning commission or city council on appeal, shall have the right to impose additional conditions as are necessary or advisable for the protection of the public health, safety and welfare.

6. All establishments shall be required to have a public telephone listing.

7. The applicant must bear the cost of modifications or cease operations if, subse-

quent to the approval of an administrative use permit, it is determined pursuant to Section 24.12.1110 that the establishment constitutes a public nuisance.

8. Special Requirements for Eating and Drinking Establishments.

a. Food must be available at all hours that the establishment is open for business; however, the full kitchen need not be open or staffed;

b. Special security measures such as security guards and burglar alarm systems may be required.

9. Special Requirements for Tasting Rooms.

a. The area dedicated to tastings shall be incidental or appurtenant to the manufacturing use of the site. The size of a tasting room shall occupy no more than twenty percent of the gross building floor area or one thousand square feet, whichever is less. The public tasting area within an off-site tasting room shall be limited to five hundred square feet maximum. The calculated size of a tasting area shall be exclusive of bathroom facilities.

b. A tasting room must operate as an individual business and may only share a use with a bona fide restaurant.

c. The product served shall be manufactured by the tenant or property owner and no other products shall be consumed by guests in the tasting room with the exception of snacks and nonalcoholic mixers/sodas for use with spirits.

d. Tastings shall not be served in greater than four ounce pours and shall be limited to one taste of each product/variety per guest unless the ABC licensing is different, in which case the ABC limits shall apply.

e. The hours of operation of a tasting room shall not extend past 10:00 p.m.

f. A tasting room may include incidental live entertainment only.

g. Public and private events require prior approval of an event or entertainment permit from the city police department unless the

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event is permitted with an existing use permit or entertainment permit.

10. Special Requirements for Off-Sale Establishments.

a. The operation of video or any other electronic games may be prohibited in conjunction with the sale of alcoholic beverages;

b. If the establishment is located in a shopping center, the sale of alcoholic beverages for consumption on appurtenant common areas may be prohibited;

c. Litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove litter and debris on a daily basis; and

d. Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.

(Ord. 2017-11 § 5, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

1. Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a special use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operation. For purposes of this part, “substantial change in the mode or character of operation” shall include, but not be limited to: (a) a pattern of conduct in violation of other laws or regulations; (b) an increase of twenty percent or greater of floor area, not to include outdoor seating, in any five-year period to accommodate retail sale of alcoholic beverages for onsite and/or off-site consumption; or (c) either (1) in the case of an establishment which operates on property being acquired by the city by

eminent domain or under threat of condemnation and which is required to discontinue or otherwise cease operation because of construction activities undertaken by the city, a period of closure for at least two years or six months after the city’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.

2. Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this part and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a modification of use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operations of the establishment.

(Ord. 2024-12 § 21, 2024; Ord. 2022-18 § 19, 2022; Ord. 2017-11 § 6, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 2000-19 § 2, 2000: Ord. 98-13 § 2, 1998: Ord. 95-03 § 1 (part), 1995).

Any high- or low-risk alcohol outlet lawfully in existence at the time that the ordinance codified in this part becomes effective shall be deemed approved for such use. However, if the zoning administrator determines, after notice and a hearing in accordance with Sections 24.12.1112 and 24.12.1114, that the failure to adhere to any requirement imposed upon new or expanded uses pursuant to this part is creating a public nuisance, or that such use constitutes a public nuisance in accordance with any other provision of the Santa Cruz Municipal Code, the zoning administrator may impose additional conditions upon the operation of such use as are necessary to abate the nuisance. Such measures may include, but shall not be limited to, any of the specific requirements set

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regulations; (b) an increase of twenty percent or greater of floor area, not to include outdoor seating, in any five-year period to accommodate retail sale of alcoholic beverages for onsite and/or off-site consumption; or (c) either (1) in the case of an establishment which operates on property being acquired by the city by eminent domain or under threat of condemnation and which is required to discontinue or otherwise cease operation because of construction activities undertaken by the city, a period of closure for at least two years or six months after the city’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.

ing a public nuisance, or that such use constitutes a public nuisance in accordance with any other provision of the Santa Cruz Municipal Code, the zoning administrator may impose additional conditions upon the operation of such use as are necessary to abate the nuisance. Such measures may include, but shall not be limited to, any of the specific requirements set

2. Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this part and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a modification of use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operations of the establishment.

(Ord. 2024-12 § 21, 2024; Ord. 2022-18 § 19, 2022; Ord. 2017-11 § 6, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 2000-19 § 2, 2000: Ord. 98-13 § 2, 1998: Ord. 95-03 § 1 (part), 1995).

Any high- or low-risk alcohol outlet lawfully in existence at the time that the ordinance codified in this part becomes effective shall be deemed approved for such use. However, if the zoning administrator determines, after notice and a hearing in accordance with Sections 24.12.1112 and 24.12.1114, that the failure to adhere to any requirement imposed upon new or expanded uses pursuant to this part is creat-

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forth herein for new high- or low-risk alcohol outlets, and, if necessary, suspension of alcohol sales or revocation of the deemed approved status and discontinuance of the use.

(Ord. 2015-06 § 2, 2015: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

Notwithstanding any provision of the Santa Cruz Municipal Code to the contrary, for any use permit granted in accordance with the provisions of this part or any deemed approved use subject to this part, the zoning administrator may require the modification, suspension, discontinuance or revocation of any such use permit or deemed approved use, in accordance with the procedures set forth in Section 24.12.1114, if the zoning administrator determines that the use as operated or maintained constitutes a public nuisance. Such a determination shall be made if the zoning administrator determines that any of the following conditions, all of which are hereby declared a public nuisance, exist:

a. Any condition which has caused or resulted in repeated activities which are harmful to the health, peace or safety of persons residing or working or visiting in the surrounding area, as well as to consumers, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, excessively loud noises (especially in the late night or early morning hours), traffic violations or traffic safety based upon lastdrink statistics, curfew violations, lewd conduct, police detention and arrests, alcohol sales to minors or inebriates, or other conduct detrimental to public health and safety; or

b. Any condition which violates any provision of this part or any other city, state, or

federal regulation, ordinance or statute, where the violation creates a public nuisance. (Ord. 2015-06 § 3, 2015: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

1. The police chief or city attorney may give notice to the record owner and lessee of the real property affected to appear at a public hearing before the zoning administrator, at a time and place set forth in the notice, and show cause why the use should not be modified, sus pended, discontinued or revoked, as the case may be. A written notice shall be sent by certified mail not less than fourteen days prior to the date of hearing to the owner and lessee of the property involved, and by regular mail or other means to the owners and residents of all property within and outside of the city that is within six hundred feet of the exterior boundaries of the properties involved.

2. After such notice and hearing, the zoning administrator may require the modification, suspension, discontinuance, or revocation of the subject use. As part of any such action, the zoning administrator may impose such conditions as the zoning administrator deems appropriate, including those necessary to protect the public health and safety and the best interest of the surrounding property or neighborhood, and so as to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of law.

3. Any such action shall be supported by written findings, including a finding that the action taken does not impair the constitutional rights of any person. However, the zoning administrator may require that a use be discontinued or revoked only if the zoning administrator also finds that:

(a) Prior efforts to compel the owner or lessee to eliminate the problems associated with the use have failed; and

(b) That the owner or lessee has failed to demonstrate, to the satisfaction of the zoning

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administrator, the willingness and ability to eliminate the problems associated with the use.

4. Notwithstanding Section 24.04.181, any decision of the zoning administrator made pursuant to this section shall be appealable directly to the city council in accordance with the procedures set forth in Sections 24.04.182, 24.04.183, 24.04.184 and 24.04.185.

(Ord. 2015-06 § 4, 2015: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

The city attorney is hereby authorized and directed to enforce all orders issued by the zoning administrator, and city council on appeal, in accordance with the procedures set forth in Title 4, in addition to any other remedies available by law.

(Ord. 2015-06 § 5, 2015: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).