Sec. 26-104. - Temporary banner signs.

All temporary building mounted banner signs shall comply with the standards provided in this section. A temporary sign permit shall be obtained from the Community Development Department prior to the display of a temporary sign, unless specified in herein. The purpose of this section is to provide standards to prevent temporary signs from creating a distraction for the traveling public by limiting the proliferation of temporary signs and eliminating aesthetic blight that is detrimental to public health, safety and general welfare.

(a)

Standards for temporary banners. Temporary banners are allowed in non-residential zones subject to the following standards:

(1)

A business may be granted a temporary banner permit to display an on-site temporary banner for a maximum of ninety (90) days within one (1) calendar year. This can be accrued in multiple or consecutive days up to ninety (90) days.

(2)

Number of temporary banner signs allowed. The maximum number of temporary banner signs that may be displayed at the same time is subject to the applicable requirements of this section.

(3)

Sign area calculation. The number and area of temporary banner signs shall not be included in the calculation of aggregate permanent sign area allowed.

(4)

Materials and maintenance. Temporary banners shall be made of durable, weather-resistant materials.

(5)

Removal of temporary banners. All components shall be removed at the expiration of the temporary banner permit.

(b)

Temporary banner sign standards.

(1)

Sign Area.

a.

Total temporary banner signs for a single business on a single parcel shall not exceed a total aggregate area of more than one (1) square foot per linear foot of building frontage on a public street and shall not

exceed a total aggregate area of thirty-two (32) square feet.

b.

Individual tenants or buildings with less than twenty-four (24) lineal feet of building frontage may be allowed twenty-four (24) square feet.

c.

Individual tenants within a shopping center may be allowed a total aggregate area of one (1) square foot per lineal foot of store frontage at the main entrance and shall not exceed twenty-four (24) square feet of total sign area.

d.

Only one (1) temporary sign shall be allowed for each individual business.

e.

In no case shall a temporary sign obstruct an adjacent or permanent sign.

f.

Temporary banner signs shall be placed only upon the site in which they are intended to advertise and shall only be mounted on the building. Off-site temporary banner signs shall not be allowed.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-105. - Appeals and violations.

(a)

After denial of an application for an administrative sign permit or a sign program, the applicant may appeal that action in compliance with article VI.

(b)

Public nuisance declared by Community Development Director. Any sign erected or maintained contrary to the provisions of this division may be declared to be a public nuisance by the Community Development Director and proceedings for its removal may take place in compliance with the Development Code.

(c)

Public nuisance declared by the City Council. The director may ask the council to declare a sign a public nuisance under the following conditions:

(1)

The sign is significantly damaged either in support structure or sign face, as determined by the building official;

(2)

The sign is illegible either through fading, rusting, or erosion of the sign face or through faulty or missing illumination; or

(3)

The sign is unsafe for vehicles or pedestrians.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 30, 3-18-25)

Sec. 26-106. - Severability.

The provisions of this division are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this division, or the validity of its application to other persons or circumstances.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

ARTICLE IV. - STANDARDS FOR SPECIFIC LAND USES DIVISION 1. - STANDARDS FOR SPECIFIC LAND USES

Sec. 26-107. - Purpose and applicability.

The purpose of this article is to set forth the procedure, criteria, and standards applicable to unique or unusual land uses which require special regulation. These regulations are established to ensure the compatibility of such uses with the surrounding land uses. Please refer to article III, division 6 for parking requirements and regulations.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-108. - Adult-oriented business.

The purpose of this section is to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods that can be brought about by the concentration of adult-oriented businesses near each other or proximity to other incompatible uses such as schools for minors, places of worship, and residentially zoned districts.

It has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described herein can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this division to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their proximity to incompatible uses, while permitting the location of such businesses in appropriate areas.

By the adoption of this section, the City Council does not intend to condone or legitimize the distribution of obscene material, and the City Council recognizes that state law prohibits the distribution of certain

materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities within the City.

(a)

Application. Any person, association, partnership, group, or corporation wishing to operate, any adultoriented business shall submit an application for an administrative permit, to the Community Development Director or their designee. Possession of other State or City licenses does not exempt the applicant from this permit. The Community Development Director or their designee shall grant or deny a permit application in accordance with the provisions of grounds for denial pursuant to subsection (m) below. An administrative permit application for an adult-oriented business or adult-oriented business performer shall be signed by the applicant and shall contain or include the following information:

(1)

A nonrefundable permit processing fee, as set by City Council resolution.

(2)

If the applicant is an individual, the individual shall state their legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

(3)

If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement.

(4)

If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address and contact information of the registered office for service of process.

(5)

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater interest in the business entity shall sign the application.

(6)

If the adult-oriented business applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

(7)

A description of the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners or lessors of the proposed premises.

(8)

The address to which notice of action on the application is to be mailed; the address shall not be a post office box.

(9)

An applicant must state under penalty of perjury that he or she (as well as any of the officers, directors, or partners in the business) does not have a conviction for a specified criminal activity, or the equivalent in another state for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

(10)

The names of all employees, independent contractors, and other persons who will work at the adultoriented business, including performers.

(11)

A sketch or diagram showing the interior configuration of the premises or the adult-oriented business, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

(12)

A certificate and map prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business and the property line of any other adultoriented business within seven hundred and fifty (750) feet of the primary entrance of the adult-oriented business for which a permit is requested; and the property lines of any church, school, park, residential zone or use within five hundred (500) feet of the primary entrance of the adult-oriented business.

(13)

A diagram of the off-street parking areas and premises entries of the proposed business showing the location of the lighting system.

(14)

A security plan that satisfies the requirements of subsection (f) below.

(15)

Any individual who has been issued an administrative permit shall promptly supplement the information provided as part of the application for the permit required by this section, including, but not limited to, each and every location within the City where the individual is performing, within fifteen (15) calendar days of any change in the information originally submitted.

(b)

Any individual wishing to perform as an adult oriented business performer shall submit an application to the Community Development Director. Possession of other state or City licenses does not exempt the applicant from this permit. The Community Development Director or their designee shall grant, conditionally grant, or deny a permit application in accordance with the provisions of section 26-108(e) (permit processing; grounds for denial). An application for a performer permit shall be signed by the applicant and shall contain or include the following information:

(1)

A nonrefundable permit processing fee, as set by City Council resolution.

(2)

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant; age, date, and place of birth; height, weight, and hair and eye color; and present residence address and telephone number.

(3)

A copy of the applicant's driver's license, or other current government-issued identification.

(4)

The address to which notice of action on the application is to be mailed.

(5)

An applicant must state under penalty of perjury that he or she does not have a conviction for a specified criminal activity, or the equivalent in another state for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

(6)

The applicant must declare under penalty of perjury whether he or she has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If the applicant has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, the applicant shall provide the place of such registration, licensing or legal authorization, and the inclusive dates during which he or she was so licensed, registered, or authorized to engage in prostitution.

(7)

The applicant's fingerprints on a form provided by the police department, and a passport-size color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.

(8)

If the application is made for the purpose of renewing a performer permit, the applicant shall attach a copy of the permit to be renewed.

(9)

Any individual who has been issued a performer permit shall promptly supplement the information provided as part of the application for the permit required by this section, including, but not limited to, each and every location within the City where the individual is performing, within fifteen (15) calendar days of any change in the information originally submitted.

(10)

All persons who have been issued a business permit shall supplement the information provided as part of the application for the permit required by this section, including, but not limited to, the names of all performers required to obtain a performer permit, within fifteen (15) calendar days of any change in the information originally submitted.

(c)

For both a business permit application, the Community Development Director or their designee shall determine whether the application is complete within thirty (30) days of receipt. The application shall be determined to be complete upon receipt of all required documentation and fees. The Community Development Director or their designee shall thereafter approve or deny the permit within thirty (30) days of determining that the application is complete in accordance with the provisions of this section.

(d)

Business permit grounds for denial. The Community Development Director or their designee shall deny a business permit application for adult entertainment on the following grounds:

(1)

The building, structure, equipment or location used by the business for which an adult-oriented business permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the state, or with the locational or development and performance standards and requirements of this article.

(2)

The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business permit, or within any subsequently updated information, renewal or report required by this division.

(3)

An applicant is under eighteen (18) years of age.

(4)

The adult-oriented business does not comply with the locational standards.

(5)

The applicant has, within the previous twelve (12) months, had a permit for an adult-oriented business denied or revoked or is applying for a new permit within the period in which the existing permit has been suspended.

(6)

The applicant (or any officers, directors, or partners in the business) has been convicted of any specified criminal activity for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

d.

If for an adult performer business permit- The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented performer permit, or within any subsequently updated information, renewal or report required by this division.

(e)

Grounds for denial. The Community Development Director or their designee shall deny an administrative permit for an adult performer application on the following grounds:

(1)

The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for an adult oriented performer permit, or within any subsequently updated information, renewal or report required by this division.

(2)

The applicant is under eighteen (18) years of age.

(3)

The applicant has, within the previous twelve (12) months, had a performer permit denied or revoked or is applying for a new permit within the period in which the existing permit has been suspended.

(4)

The applicant has, within the previous twelve (12) months, had a prostitution permit denied, suspended, or revoked.

(5)

The applicant has been convicted of any specified criminal activity for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

d.

In the event a business or performer permit is denied, the applicant shall not reapply for a period of twelve (12) months from the date the denial becomes final.

(f)

Location. The adult-oriented business is to be located in the Service-Commercial (S-C) zone, Medium Commercial (C-2) zone, heavy-commercial (C-3) zone, regional-commercial (RC) zone, manufacturing (M-1) zone, or the urban center and general urban zones in the downtown plan.

(1)

Adult-oriented businesses may not be located within the proximity of the following (measured in a straight line from the property line to zone boundary):

a.

Within five hundred (500) feet of any residential zone or any lot upon which a residential use is legally occurring at the time this article is adopted and continues to occur at the time the application is reviewed;

b.

Within five hundred (500) feet of any lot upon which there is located a church or other religious facility or institution, public park, or educational institution which is utilized by minors;

c.

Within seven hundred and fifty (750) feet of another adult-oriented business, provided that this separation requirement also applies from adult-oriented businesses that are in adjacent cities; and

d.

Within one hundred (100) feet of the civic center property line.

(2)

The adult-oriented business shall not be located in an area where the traffic from the adult oriented business shall increase the volume capacity ratio below level of service E; or, will worsen the existing condition at level of service F; or increase the volume capacity ratio by 0.02, all as determined by the City Engineer.

(g)

Moving signs, as defined in article I, as well as signs with changeable copy and temporary signs are not permitted for adult businesses. Exterior signs shall not depict recognizable specified anatomical areas or adult entertainment activities. Advertisements, displays of merchandise, signs or any other exhibit depicting specified anatomical areas or adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.

(h)

Exterior painting. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message and cannot be established or maintained such that the exterior appearance of the structure is substantially inconsistent with the external appearance of structures on abutting properties.

(i)

Development standards. Except as set out herein or otherwise restricted by law, the adult oriented business shall comply with the development standards, including signage standards, for the zone in which the business is located.

(j)

Display of adult oriented material or merchandise. The adult-oriented business shall not display any adult oriented material or merchandise in such a manner so as to be visible from any location other than within the adult-oriented business.

(k)

Exclusion of minors. The adult oriented business shall not be accessible to any person under the age of eighteen (18), and such exclusion shall be clearly posted at all entrances.

(l)

Areas open to public view. No area within the adult oriented business shall be visible from its exterior.

(m)

Nude adult-oriented performances are prohibited. Adult oriented performers shall wear no less than pasties to cover the nipple areas of female breasts, and a g-string that covers the genital area.

(n)

Interior orientation. The interior of the adult oriented business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises (excluding restrooms), including, but not limited to, the interior of all individual viewing areas, from a manager's station which is no larger than thirty-two (32) square feet of floor area with no single dimension being greater than eight (8) feet in a public portion of the establishment. No public area (excluding restrooms), including, but not limited to, the interior of any individual viewing

area, shall be obscured by any door, curtain, wall, two (2) way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means, from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one (1) person at a time.

(o)

Business hours. No adult oriented business shall operate from the hours of 2:00 a.m. to 7:00 a.m.

(p)

Parking lot lighting. The parking lot lighting system shall be designed to produce a minimum light level of three (3) foot-candles on the entire parking facility's horizontal surface.

(q)

Interior lighting. All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained, and evenly distributed at ground level:

(1)

Arcade: Ten (10) foot-candles in public areas;

(2)

Bookstores: Twenty (20) foot-candles;

(3)

Cabaret: Five (5) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot-candles;

(4)

Individual viewing booths: 1.25 foot-candles;

(5)

Motion picture theater: Ten (10) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot-candles;

(6)

Theater: Five (5) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot candles;

(7)

Other establishments not listed above: Twenty (20) foot-candles ground level (excluding those areas shielded by tables and similar obstructions).

(r)

Operation of individual viewing areas. Each machine used to show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, shall be located in an individual viewing area. Any individual viewing area of the adult oriented business shall be separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier and shall be operated and maintained with no holes, openings, or other means of direct visual or physical access between the interior space of two (2) or more individual viewing areas. No individual viewing area may be occupied by more than one (1) person at any one (1) time.

(s)

Separation zones. Whenever live entertainment is provided, patrons shall be physically separated from performers by a buffer zone of at least six (6) feet and no physical contact between performers and patrons shall be permitted. This provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier.

(t)

Use of single building for multiple uses. No building, premises, structure, or other facility shall be permitted to contain more than one (1) type of adult oriented business as such types of adult oriented business are defined in article I. For the purposes of this section, the phrase "adult oriented business" shall not be considered a single type of adult oriented business.

(u)

Payment of gratuity. No patron shall directly or indirectly pay or give any gratuity to any performer and no performer shall solicit or accept any gratuity from any patron.

(v)

Separate restrooms. The adult-oriented business shall provide separate restroom facilities for male and female patrons and employees. The restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the adult oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.

(w)

Parking. The adult oriented business complies with the City's parking standards for the underlying use. Where no City parking standards exist for a particular underlying use, the applicant shall provide one (1) space per occupant as based upon the maximum occupancy as determined by the building official.

(x)

Security plan. A detailed security plan is submitted to the Community Development Director that describes measures that will be implemented to provide adequate security both within the interior and exterior of the premises of the business, specifically including, but not limited to, measures to comply with the requirements of for areas open to public view and parking.

(y)

Security guards. For an adult oriented business that provides live entertainment, at least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open and providing live entertainment. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises for each additional fifty (50) patrons permitted. The security guard(s) shall be charged with preventing violations of and enforcing compliance by patrons with the requirements of this division, and notifying the appropriate authorities of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker or admittance person while on duty as a security guard.

(z)

The business location, structure, and equipment complies with all applicable health, fire, building, or other state, federal, or local laws and regulations.

(aa)

The owner or manager of an adult oriented business will not permit any employee on the premises to engage in a live showing of specified anatomical areas. The owner or manager of an adult oriented business shall be responsible to ensure compliance with this division by employees, performers and patrons.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-109. - Alcohol beverage sales establishments.

The purpose of this section is to provide conditions for the establishment of commercial uses that serve and/or sell alcohol (retail on-sale and off-sale licenses) and to do so in accordance with certain requirements designed to ensure compatibility of such services with surrounding commercial and residential development, to not create any undue concentration of such licenses, and to not create any adverse effect on the health and welfare of the community.

(a)

The required permit as specified in article II division 2 in specified commercial and manufacturing zones for any business that sells alcohol for off-site consumption, except for service stations that sell alcohol, which requires a conditional use permit pursuant to section 26-109(b).

(1)

Violation of the provisions of this section or other applicable sections of this code may result in the revocation of the permit in accordance with the revocation standards, provisions and procedures of article VI division 12.

(b)

Service stations selling beer and wine for off-premises consumption.

(1)

Conditional use permit required. Any service station located in specified commercial and manufacturing zones may sell beer and wine for off-site consumption with a conditional use permit. The sales of distilled spirits shall not be allowed.

(2)

The site shall comply with all current development standards for service stations as set forth in the West Covina Municipal Code, including, but not limited to, the minimum number of parking spaces prior to the approval of a conditional use permit to allow off-sale of alcohol.

(3)

Unless otherwise noted, the following requirements shall apply to all gasoline service stations selling beer and wine:

a.

A maximum of ten (10) percent of the retail floor area shall be allowed for the display and sale of alcohol. Merchandise stacking shall not be included in the retail floor area calculation when determining the maximum area for display and alcohol sales.

b.

The sale of beer in quantities fewer than three (3) containers is prohibited and no alcoholic beverage shall be sold in unit quantities less than the distributor's intended resale units.

c.

No beer and wine shall be displayed within five (5) feet of the cash register or front door.

d.

The advertisement of beer and wine shall not be permitted at motor fuel islands.

e.

Identification card reader is required to determine the authenticity of the identification that displays the age of the individual.

f.

No beer and wine shall be sold from or displayed in an ice tub.

g.

No coin or other fee-based operated video games or video entertainment machines shall be permitted on the premises.

h.

Signage shall be posted in the parking lot and on the exterior of the building notifying persons that alcohol shall not be consumed on the premises.

i.

Signs shall be prominently posted, stating that California State Law prohibits the sale of beer and wine to persons under the age of twenty-one (21) years.

j.

A CCTV surveillance system shall be installed that views and records all areas within the interior of the store sales floor and the exterior of the gasoline station, including all points of ingress/egress from the street.

k.

A flock safety camera with license plate recognition that is integrated with the police department's system shall be installed at every vehicle entry/exit points for the site.

(c)

On-site instructional tasting events for off-sale premises may be established as follows:

(1)

A conditional use permit is required for businesses which offer instructional tasting events.

(2)

Conditional use permits for instructional tasting may only be granted to businesses with an active off-sale or on-sale alcohol license from the department of alcoholic beverage control (ABC).

(d)

Alcohol service (on-sale licenses) may be established in conjunction with the following uses, only in the zones specified in article II, with the approval of a conditional use permit:

(1)

Clubs, lodge halls, and similar facilities as defined in section 23428.9 of the California Business and Professions Code;

(2)

Accessory use billiard parlor with a kitchen and dining area as specified in this article; or

(3)

A major motel or a major hotel as defined in this division;

(e)

Alcohol service (on-sale licenses) may be established in conjunction with the following uses, only in the zones specified in article II, with the approval of an administrative permit:

(1)

Bona fide eating place as defined in section 23038 of the California Business and Professions Code.

(f)

Alcohol beverage manufacturing (ABM) uses, and accessory tasting rooms may be established subject to and administrative permit and the following:

(1)

The ABM shall comply with all federal, state, and local laws and regulations, including a valid license from the California Department of Alcoholic Beverage Control (ABC) for the specific type of alcoholic beverage manufacturing occurring on site.

(2)

The ABM use located in a commercial zone shall not exceed six thousand (6,000) square feet of gross floor area (GFA), unless otherwise permitted by the administrative permit.

(3)

The ABM in a commercial zone may not exceed production of fifteen thousand (15,000) barrels per year.

(4)

The ABM located in a commercial zone must include an accessory tasting room.

(5)

The ABM may not be located within five hundred (500) feet of the nearest property line of any elementary, secondary, or high school, as measured from the nearest property line of the site on which the alcohol manufacturing use is located.

(6)

All production activities shall be located completely within the ABM facility. All on-site storage shall be located within the ABM facility.

(7)

The display of alcoholic beverages shall not be located outside of an ABM and accessory tasting room facility.

(8)

Accessory uses such as cooking facilities, and the sales of alcohol for off-site consumption may be allowed as a part of the administrative permit provided that the proposed accessory use complies with the applicable development standards of this title, is permitted in the underlying zone and that the accessory uses are incidental and do not substantially alter the character of the principal use.

(9)

The ABM and accessory tasting room use shall not be open to the public, except for the following hours:

a.

Manufacturing and production: 7:00 a.m. - 7:00 p.m. Monday - Saturday.

b.

Accessory tasting room (industrial zone): 12:00 p.m. - 9:00 p.m. Sunday - Thursday, and 11:00 a.m. - 10:00 p.m. Friday - Saturday.

c.

Accessory tasting room (commercial zone): 12:00 p.m. - 9:00 p.m. Sunday - Thursday, and 11:00 a.m. - 12:00 p.m. Friday-Saturday. Additional hours may be permitted through an administrative permit.

(10)

Service trucks used for the purposes of loading and unloading materials, ingredients, products, and equipment shall be restricted to the hours of 8:00 a.m. - 6:00 p.m. Monday - Friday and 11:00 a.m. - 6:00 p.m. on Saturday; the use of service trucks for the purposes of loading and unloading materials, ingredients, equipment, and finished product shall be prohibited on Sunday.

(11)

To the greatest extent feasible, access and loading bays are discouraged from facing toward a street.

(12)

The purchase, consumption, tasting and sales of alcoholic beverages shall be limited to only those products produced on site.

(13)

Ancillary retail sales shall be limited to only those retail items directly associated with the on-site ABM facility and accessory tasting room.

(14)

The ABM use or accessory tasting room shall not charge an admission fee, cover charge, or require a minimum purchase.

(15)

A sewage plan and all on-site infrastructure shall be approved by the appropriate City departments.

(16)

The ABM and accessory tasting room use shall comply with chapter 15 article iv noise regulations.

(17)

A security plan, including a video surveillance system and exterior lighting plan, satisfactory to the chief of police shall be submitted to and approved by the police department prior to the issuing of a certificate of occupancy. The video surveillance system shall be installed to assist with monitoring the property on both the interior and exterior. A digital video recorder (DVR), capable of exporting images in TIFF, BMP, or JPG format shall be used. Recording shall be retained for no less than thirty (30) days. Exterior lighting shall clearly illuminate the common areas surrounding the building including, but not limited to, the entrance and exit doors, as well as the business address.

(18)

No more than ten (10) percent of the square footage of the windows and transparent doors of the premises shall be allowed to bear advertising, signs, or any other obstructions. All advertising, signage or other obstructions shall be placed and maintained to ensure a clear and unobstructed view of the establishment's interior. Window signs displaying prices shall be prohibited. No advertising or signage shall be placed in the area above three (3) feet or below six (6) feet in height of all windows measured from grade.

(19)

Tours of the ABM and accessory tasting room use shall occur on regularly scheduled days and times. The operator shall ensure that tours do not negatively impact adjacent businesses or property owners.

(20)

ABM and accessory tasting room uses located adjacent to or across from residential areas shall be restricted from utilizing natural ventilation practices that may negatively impact neighboring residences and may be required to install mechanical air filtration systems.

(g)

Breweries, wine blending, and distilleries.

(1)

In addition to the standards for the underlying zone, the following requirements shall apply to breweries, wine blending business, distilleries and accessory tasting rooms:

a.

A brewery, wine blending or distillery use may not exceed production of fifteen thousand (15,000) barrels per year for breweries or one hundred fifty thousand (150,000) gallons for wine blending/distillery uses.

b.

All production activities and on-site storage shall be located completely within the facility. Off-site storage is permitted, provided it meets all applicable provisions of the underlying zone. The display of alcoholic beverages shall be located within the manufacturing area and accessory tasting room facility.

c.

The brewery, wine blending, or distillery use, and accessory tasting room use shall be allowed to operate and be open to the public during the following hours:

1.

Manufacturing and Operation: 7:00 a.m. to 7:00 p.m. Monday through Saturday; and Accessory Tasting Room Open to the Public: 11:00 a.m. to 12:00 a.m. daily.

d.

Service trucks used for the purposes of loading and unloading materials, ingredients, products, and equipment shall be restricted to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturday.

e.

The consumption, tasting, and sales of alcoholic beverages shall be limited to only those products produced on site, unless the use establishes a bona fide eating establishment.

f.

Ancillary retail sales, including the sale of beer, wine or distilled spirits for off-premises consumption, shall be limited to only those retail items directly associated with the on-site facility and accessory tasting room.

g.

The brewery, wine blending, distillery use, or accessory tasting room shall not charge an admission fee, cover charge, or require a minimum purchase.

h.

A security plan, including a video surveillance system and exterior lighting plan, satisfactory to the Community Development Director or designee, shall be submitted and approved prior to issuing a certificate of occupancy. The video surveillance system shall be installed to assist with monitoring of both

the interior and exterior of the property. A digital video recorder (DVR) or similar video recording device, capable of exporting images in TIFF, BMP, or JPG format shall be used. Recording shall be retained for no less than thirty (30) days. Exterior lighting shall clearly illuminate the common areas surrounding the building including, but not limited to, the entrance and exit doors and the business address.

i.

No more than ten (10) percent of the window display area (including any transparent doors) shall be allowed to bear advertising, signs, or any other obstructions. All advertising, signage, or other obstructions shall be placed and maintained to ensure a clear and unobstructed view of the establishment's interior. Window signs displaying prices shall be prohibited. No advertising or signage shall be placed in the area above three (3) feet or below six (6) feet in height of all windows measured from grade.

j.

Tours of the brewery, wine blending, or distillery use, and accessory tasting room use shall occur on regularly scheduled days and times. The operator shall ensure that tours do not negatively affect adjacent businesses or property owners.

k.

The business shall be restricted from utilizing ventilation practices that may negatively affect residences and may be required to install mechanical air filtration systems to the satisfaction of the Community Development Director or designee.

l.

Any proposed alcohol establishment shall comply with all police department conditions imposed, including those listed under Section 19 "Building/Site Security" of City Council Resolution 95-20.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-110. - Amusement and entertainment facilities [EX. DIVISION 9 OF ARTICLE XII FORMERLY TITLED "GAME ARCADES"].

The purpose of this section is to permit the operation of amusement and entertainment facilities, through consideration of physical treatment and compatibility with the community and surrounding property.

(a)

The permit required (as specified in article II division 2) shall be obtained prior to establishing an amusement and entertainment facility.

(b)

The following special development standards shall apply to amusement and entertainment facilities:

(1)

Hours of operation shall be limited to between eight (8:00) a.m. to twelve o'clock (12:00) midnight. The Community Development Director or their designee may, after twelve (12) months of operation approve extended hours of operation. The hours of operation must be posted in a conspicuous place.

(2)

All activities associated with the use shall comply with the standards of the noise ordinance. An accessory computer game/internet access center with ten (10) or more computers, shall be subject to the granting of a conditional use permit is required, as specified in article II, division 2 and article VI, division 4 of this chapter.

(3)

Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks, or similar obstructions.

(4)

The operator of the use shall provide night lighting and other security measures to the satisfaction of the chief of police.

(5)

Exterior lighting shall not intrude on surrounding properties.

(6)

The operator shall demonstrate an ability to prevent problems related to potential noise, litter, loitering, crowd control and parking.

(7)

A security plan, including a video surveillance system, exterior lighting plan, noise, litter, loitering, crowd control and parking to the satisfaction of the chief of police shall be submitted to and approved by the police department prior to the issuing of a certificate of occupancy.

(8)

The development standards of the zone in which this use is to be located shall apply (as specified in article III, unless this section specifically permits or prohibits otherwise.

(9)

Such other conditions as deemed by the Planning Commission or Community Development Director or their designee to reasonably relate to the purpose of this division, such as but not mandatory or limited to:

a.

Windows shall be maintained to allow an unobstructed view of the interior.

b.

Noise, congregation, parking, and other factors generated by the use, which are detrimental to the public health, safety, and welfare.

c.

Review of the computer game/internet access center, main or accessory use, operation permitted by the administrative use and/or conditional use permit is required after six (6) months after opening, then annually thereafter. Ownership changes shall meet the same requirements. The current or new business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the planning division in the amount equal to one-half (½) of the pertinent current application fee. The review deposit shall be paid prior to occupancy or business license issuance.

d.

At no time shall alcoholic beverages be sold, dispensed, possessed, brought, or allowed on the premises of any amusement and entertainment facility except in those cases where the facility is accessory to a bona fide eating place with a conditional use permit for on-sale alcohol service.

(c)

Specific development requirements for a game arcade.

(1)

No arcade shall be located within one thousand (1,000) feet of a public or private school conducting classes between first and twelfth grades. The distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the arcade to the nearest accessible portion of any school property.

(2)

Conditions of approval of an administrative use permit or conditional use permit for an amusement and entertainment facility:

a.

No admittance of juveniles under sixteen (16) years of age until 1:30 p.m. except on Saturday, Sunday, holidays, and school vacations.

b.

No one under twelve (12) years of age admitted unless supervised by an adult.

c.

One (1) attendant, twenty-one (21) years of age or older, is required for every twenty-five (25) games; two (2) attendants minimum required for a main use or accessory use game arcade.

d.

Review of the operation permitted by the conditional use permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of a main use game arcade. The business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the planning division in the amount equal to two (2) times the current conditional use permit application fee. The review deposit shall be paid prior to occupancy or business license issuance.

e.

The conditional use permit may be revoked, amended, or suspended by the Planning Commission under the provisions of article VI of this chapter.

f.

Licenses or permits as required in chapter 5, article V and chapter 14 of this Code shall be obtained prior to the start of the operation of the use.

g.

Amusement and entertainment facility business hours: 10:00 a.m. to 10:00 p.m. The Planning Commission may approve extended hours of operation under certain circumstances; but in any case, after 10:00 p.m. attendance shall be limited to adults and minors accompanied by a parent or legal guardian.

h.

No sound created by the entertainment facility, or its patrons shall be detected from the exterior of the facility.

(3)

Such other conditions as deemed by the Community Development Director or Planning Commission to reasonably relate to the purpose of this division, such as but not mandatory or limited to:

a.

Review of the operation permitted by the administrative permit or conditional use permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of an accessory use game arcade.

b.

Windows shall be maintained to allow an unobstructed view of the interior.

c.

Accessory use game arcade business hours, if different from business hours of the main use.

(d)

Specific development requirements for billiard parlors.

(1)

Spacing of tables. A clear and unobstructed distance of six (6) feet shall be provided between tables, and between tables and walls or other obstructions.

(2)

Lighting. The interior and exterior of the building and the front and rear parking lot shall be brightly lit with no dark areas. Exterior lighting shall be installed and maintained in a manner eliminating any nuisance to adjacent residential property.

(3)

Floor covering. All floor surfaces of the playing and spectator area shall be covered with fabric carpet.

(4)

Proximity to school. No billiard parlor shall be located within one thousand (1,000) feet of a public or private school conducting classes between the first and twelfth grades. This distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the parlor to the nearest accessible portion of any school property.

(5)

Open view. All billiard parlors shall be so constructed and maintained that a clear and unobstructed view of the entire interior thereof may at all times be had from the street or sidewalk in front of the same, except in those cases where the billiard parlor is an accessory use to a bona fide eating place, as defined in section 23038 of the California Business and Professions Code. No partitions forming rooms, stalls, or other enclosures where the public congregates shall be permitted. This provision, however, shall not be construed to preclude the maintenance of washrooms, toilet rooms for proper purposes or the maintenance of closets for storage purposes exclusively.

(6)

Conditional use permit conditions of approval for a billiard parlor.

a.

At no time shall alcoholic beverages be sold, dispensed, possessed, brought or allowed on the premises of any billiard parlor except in those cases where the billiard parlor is an accessory use to a bona fide eating place utilizing no more than ten (10) percent of the total floor area available for customer assembly and/or dining. In no case shall alcoholic beverages be allowed within a primary/main use billiard parlor.

b.

No person shall operate a billiard parlor between the hours of 2:00 a.m. and 6:00 a.m., or permit or allow any person to play billiards or remain in any billiard parlor between the hours of 2:00 a.m. and 6:00 a.m. This section, however, shall not be construed to prevent regular employees from performing necessary work within the premises.

c.

Any billiard parlor shall be subject to code enforcement or police inspection and supervision for the purpose of ascertaining if the provisions of this article are being observed, and no personnel shall hinder, obstruct, or delay any police officer from entering any such place.

d.

No person shall keep any door or entrance to any billiard parlor locked, barred, or barricaded in such a manner as to make it difficult for access to police officers while two (2) or more persons are present.

e.

No person shall permit gambling of any kind or description or playing any games whatsoever for money or anything of value, within any billiard parlor.

f.

No card table shall be kept, or any card games played or allowed in any billiard parlor.

(7)

Main use billiard parlors and all accessory use billiard parlors shall comply with the following:

a.

No person under the age of sixteen (16) years shall be in, remain in, enter, or visit any billiard parlor, unless accompanied by a person over twenty-one (21) years of age who is responsible for the minor's control and supervision.

b.

No person having charge or control of the billiard parlor shall permit or allow any person under the age of sixteen (16) years to be in, remain in, enter, or visit any billiard parlor, unless such minor person is accompanied by a person over twenty-one (21) years of age who is responsible for the minor's control and supervision.

c.

The provisions of subsections a. and b. of this section shall not apply to any person under the age of sixteen (16) years, if such person while in any billiard parlor is a member of a bona fide organized recreational group attending such room as a part of its activities, and there is in charge of such group and accompanying such group, while in a billiard parlor, a person over the age of twenty-one (21) years.

d.

No person shall represent themselves to have reached the age of sixteen (16) years to obtain admission to a billiard parlor or to be permitted to remain therein when such person in fact is under sixteen (16) years of age.

e.

No person under the age of eighteen (18) years shall be in, remain in, enter, or visit any billiard parlor after 10:00 p.m. and before 6:00 a.m. of the next day, unless accompanied by his/her parent, guardian or other person having the legal care, custody, or control of such person.

f.

No person having charge or control of any billiard parlor shall permit or allow any person under the age of eighteen (18) years to be in, remain in, enter, or visit any billiard parlor, after 10:00 p.m. and before 6:00 a.m. of the next day, unless accompanied by his/her parent, guardian or other person having the legal care, custody, or control of such person.

g.

The proprietor or manager of such billiard parlor shall maintain a notice at the front entrance thereof to the effect that a person under the age of sixteen (16) years of age is prohibited from entering the same unless accompanied by a person over twenty-one (21) years of age who is responsible for his/her control and supervision.

h.

No alcohol shall be served in main use billiard parlors.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)