Vallejo Municipal Code Ch. 16.323 Late Night Business Operations

To protect the health and safety of the public, any business operating between the hours of 12:00 midnight and 6:00 a.m. are subject to the requirements of this chapter in addition to any other regulations applicable to the type of establishment and the applicable requirements of the district where the business is located.

A. Major Use Permit Required. All late-night business operations, located within three hundred feet of a residential zoning district, and commenced on or after the effective date of the Zoning Code, shall require a major use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits.

B. All Late-Night Business Operations, located within three hundred feet of a residential zoning district, and commenced before the effective date of the Zoning Code, shall be considered non-conforming and shall be subject to the Chapter 16.105, Non-conforming uses. The following business establishments are exempt from the requirements of this section:

1. Hospitals, medical clinics, and convalescent homes,

2. Ambulance services,

3. Facilities operated by a government agency, and

4. Any business with a valid major use permit.

A. Any retail or eating or drinking establishment that sells or serves alcohol after 12:00 midnight, or 1:00 a.m. in the DMX Zoning District, shall require a major conditional use permit, as prescribed in Chapter 16.606, Minor and Major Use Permits.

B. In deciding whether to issue a major use permit, the planning commission shall consider the impacts of any discretionary land use that is already subject to a major use permit and that also proposes to engage in late night alcohol sales and/or service.

C. The planning commission, in considering the impacts of late-night alcohol sales and service, may approve, conditionally approve, or deny late night alcohol sales and service as it deems necessary to, manage, minimize, mitigate, eliminate or reduce the impacts of that activity on the public health and safety.