Santa Barbara — Alcoholic Beverage Establishments

Zone-by-Zone Applicability

All Santa Barbara Zones

Chapter 28.77 does not create a separate list of districts such as R-1, C-N, or industrial districts where alcohol retail is automatically allowed or prohibited. Instead, it makes alcohol retail potentially available in any zone that permits the underlying use, subject to a CUP. § 28.77.020

The chapter also does not supply district-specific lot area, height, setbacks, FAR, parking, or coverage standards. Those remain outside Chapter 28.77 and must be checked under the applicable development standards and parking rules.

Location Rules for New Non-Transferred Licenses

For a proposed new non-transferred license, the site must be in an area with capacity for additional off-sale licenses as defined by ABC, have a low to average crime rate as annually defined by the Santa Barbara Police Department, and not be subject to a moratorium. § 28.77.060(A)

The lot must also be at least 500 ft from a residentially zoned lot or a lot containing an elementary or high school, health care facility, social services facility, substance-abuse treatment center, religious facility, park, or playground. The measurement is a straight line from the nearest points of the property lines, without regard to intervening structures. § 28.77.060(B)

The Planning Commission may approve a modification allowing a location within 500 ft of one of those sensitive locations. Parcel-specific distance, crime-rate, and license-capacity determinations should be verified with the jurisdiction. § 28.77.060(B)

Operational and Store-Layout Standards

Product Containers

Alcohol cannot be sold or distributed from a drive-through facility or walk-up window. § 28.77.060(D)

Alcohol may not be displayed in an ice tub, ice chest, ice barrel, or similar stand-alone container; within 5 ft of a store entrance or exit; or on or beside a checkout counter or checkout waiting area. Employee-only behind-counter and built-in refrigerated displays are allowed. § 28.77.060(E)

Visibility, Signage, and Safety

Exterior-visible advertising for alcoholic products, tobacco, paraphernalia, or similarly controlled products is prohibited. For broader sign permitting rules, see Santa Barbara signage; Chapter 28.77 adds this alcohol-retail-specific visibility restriction. § 28.77.060(J)

Windows may not be tinted, and obstructions—including signs, vending machines, refrigerators, coolers, shelves, racks, and storage—may block no more than 15% of windows and entry doors. The purpose is to preserve a clear view of the interior and cash-register area from the public sidewalk or entrance. § 28.77.060(K)

The operator must provide adequate exterior lighting, keep the premises free of litter and debris, provide on-site customer trash and recycling receptacles, and may not have outdoor pay phones. § 28.77.060(F), (H), (I)

Noise and Product Restrictions

Noise must comply with the City Noise Ordinance, and amplified sound at the property line may not exceed 60 dB(A). § 28.77.060(G)

The establishment may not sell drug or tobacco paraphernalia as defined in the cross-referenced municipal and state provisions. § 28.77.060(L)

CUP Findings and Conditions

Beyond the ordinary CUP findings under § 28.94, the Planning Commission must find that the proposal will not potentially have a significant adverse effect on crime or nuisance activity in the site area. The review specifically focuses on public drunkenness, illegal drug or alcohol activity, disturbing the peace, disorderly conduct, and alcohol sales to minors. § 28.77.070(A)

The Commission must also find that the establishment’s upkeep and operating characteristics are compatible with, and will not adversely affect, surrounding livability or appropriate development. § 28.77.070(B)

The Commission may condition approval by limiting hours or operational characteristics; restricting outdoor storage or display; requiring security measures; changing entries, exits, or floor plans; or requiring buffering, screening, lighting, planting, or other site elements. A project may therefore also encounter separate design review requirements, but those requirements are not established by Chapter 28.77. § 28.77.080

Modifications, Reporting, and Enforcement

A CUP amendment or approval is required for changes to the structure, site development, use, or a substantial modification to an approved establishment’s mode or character of operation. Substantial modifications include a different ABC license type, more alcohol display or shelf area, longer hours, ownership or ABC-license transfers, CUP-condition changes, and changes from the ABC license application. §§ 28.77.030, 28.77.090

If the use is abandoned under the cross-referenced abandonment provision or no longer holds an ABC license, it cannot continue without approval by the original review authority through the original approval process. § 28.77.090

The City Administrator and Chief of Police administer and enforce the chapter, including property entry for inspection of compliance with approval conditions and performance standards. Violations may be reported to the Planning Commission, which must require annual review of new and existing establishments. §§ 28.77.400, 28.77.600

Checklist

• Confirm that the proposed retail use is permitted in the underlying Santa Barbara zone. § 28.77.020
• Obtain a CUP under § 28.94 and demonstrate the additional Chapter 28.77 findings. §§ 28.77.020, 28.77.070
• For a new non-transferred license, verify ABC off-sale license capacity, the applicable Police Department crime-rate classification, and absence of a moratorium. § 28.77.060(A)
• Measure the required 500 ft separation from each listed sensitive lot, or seek a Planning Commission modification. § 28.77.060(B)
• Prepare the sales floor, display plan, windows, lighting, trash/recycling, and sound operation to meet Chapter 28.77 standards. § 28.77.060
• Notify the Chief of Police within 10 days after filing the original off-sale ABC application. § 28.77.050
• Identify any requested hours, security, access, screening, or site-plan conditions that may be imposed through the CUP. § 28.77.080
• Seek an amendment before a substantial operational, ownership, licensing, floor-area, display, or hours change. §§ 28.77.030, 28.77.090

Risks & Ambiguities

Plain-English Summary

In Santa Barbara, an off-sale alcohol retailer needs a CUP, must fit the underlying zone, and faces unusually concrete operational controls: sensitive-site spacing for new non-transferred licenses, tightly regulated package sizes and displays, open sightlines, and ongoing City review. A restaurant or bar should not assume this chapter applies merely because it sells alcohol; the ordinance expressly distinguishes covered retail establishments from specified on-sale businesses. §§ 28.77.010, 28.77.020, 28.77.060

Source References

• Santa Barbara Zoning Code, Chapter 28.77, legislative intent and scope: § 28.77.010
• Santa Barbara Zoning Code, permitted location and CUP requirement: § 28.77.020
• Santa Barbara Zoning Code, definitions and substantial modifications: § 28.77.030
• Santa Barbara Zoning Code, Police notification: § 28.77.050
• Santa Barbara Zoning Code, performance and development standards: § 28.77.060
• Santa Barbara Zoning Code, required CUP findings: § 28.77.070
• Santa Barbara Zoning Code, conditions of approval: § 28.77.080
• Santa Barbara Zoning Code, changes to approved plans: § 28.77.090
• Santa Barbara Zoning Code, reporting and annual review: § 28.77.400
• Santa Barbara Zoning Code, enforcement authority: § 28.77.600