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)