The purpose of this chapter is to support the City's current requirement for approval of conditional use permits prior to establishing new and/or expanded alcohol sales activities by conferring Deemed Approved Status for all existing, lawfully established non-conforming Alcoholic Beverage sales activities. This chapter provides standards for the continued operation of Alcoholic Beverage Sales Establishments, and sets forth grounds for the modification, revocation and/or termination of deemed approved permits for establishments violating this chapter. Specific purposes for enacting this chapter are as follows:

A.

To protect residential, commercial, industrial and civic areas from the harmful effects attributable to the sale of Alcoholic Beverages and minimize the adverse impacts of nonconforming and incompatible uses;

B.

To provide opportunities for Alcoholic Beverage Sales Establishments to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

C.

To provide mechanisms to address problems associated with the public consumption of Alcoholic Beverages such as litter, loitering, graffiti, unruly behavior, violence, vandalism, and escalated noise levels;

D.

To provide that Alcoholic Beverage Sales Establishments are not to become the source of undue public nuisances in the community;

E.

To provide for properly maintained Alcoholic Beverage Sales Establishments so that the secondary effects of negative impacts generated by these activities on the surrounding environment are mitigated;

F.

To monitor deemed approved establishments to ensure they do not substantially change in mode or character of operation; and

G.

To promote a healthy and safe business environment in the City through appropriate and consistent land use regulations and to encourage the establishment of businesses that will benefit both the local economy and residents while not placing an undue strain on City resources or surrounding businesses.

(Ord. No. O-08-18, § 2, 6-5-2018)

The provisions of this chapter shall apply to the extent permissible under other laws to all legal, nonconforming Alcoholic Beverage Sales Establishments, as defined in Section 18.47.030, located in the City that sell Alcoholic Beverages for on- or off-site consumption.

(Ord. No. O-08-18, § 2, 6-5-2018)

The meaning and construction of these words and phrases, as set forth below, shall apply throughout, except where the context clearly indicates a different meaning or construction.

A.

"Alcoholic Beverage" means alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.

B.

"Alcoholic Beverage Sales Activity" means the retail sale of Alcoholic Beverages for on-site or off-site consumption.

C.

"Alcoholic Beverage Sales Establishment" means an establishment where an Alcoholic Beverage Sales Activity occurs. Alcoholic Beverage Sales Establishments include but are not limited to the following recognized types of establishments: liquor stores, beer and wine stores, convenience markets, markets, neighborhood specialty food markets, retail sales establishments, wine shops, service stations, taverns, clubs, cocktail lounges, ballrooms, cabarets, dance bars, piano bars, billiard or game parlors, bowling alleys, nightclubs, dance halls, cafes, bars, restaurants with bars, full-service restaurants, fast food establishments, and breweries. For purposes of this chapter, an "Alcoholic Beverage Sales Establishment" also includes a general retail store, a grocery store and a retail pharmacy that devotes any percentage of its gross floor area to the sale and display of Alcoholic Beverages.

D.

"California Department of Alcoholic Beverage Control" or "ABC" refers to the department of the state empowered to act pursuant to Article 20, Section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.

E.

"Deemed Approved Activity" means any legal nonconforming Alcoholic Beverage sales commercial activity (as defined below). Such activity shall be considered a Deemed Approved Activity so long as it complies with the deemed approved Performance Standards set forth in this chapter.

F.

"Deemed Approved Status" means the permitted use of land for a Deemed Approved Activity. Deemed Approved Status replaces legal, nonconforming status for On-Sale and Off-Sale Alcohol Establishments with respect to Alcoholic Beverage sales commercial activity and remains in effect as long as it complies with the deemed approved provisions and Performance Standards of this chapter.

G.

"Enforcement Officer" means the chief of police or designee.

H.

"Illegal activity" means an activity, which has been determined to be in noncompliance with local, state or federal laws, the conditions of any applicable permits, or the deemed approved provisions and Performance Standards in this chapter. A Deemed Approved Activity may lose its Deemed Approved Status and if it does not comply with the deemed approved Performance Standards and/or other conditions applicable to its continued operation. In such cases it shall no longer be considered a Deemed Approved Activity.

I.

"Legal Nonconforming Alcoholic Beverage Sales Commercial Activity" or "Legal Nonconforming Activity" means an On-Sale and/or Off-Sale Alcoholic Beverage Sales Commercial Activity which was a legal, nonconforming use pursuant to Chapter 18.46, and for which a valid state of California Alcoholic Beverage Control license had been issued and used in the exercise of the rights and privileges conferred by the license at a time immediately prior to January 19, 2010. A "Legal Nonconforming Alcoholic Beverage Sales Commercial Activity" or "Legal Nonconforming Activity" includes all beverage sales activities of existing On-Sale and Off-Sale Alcoholic Beverage Establishments that are not in conformance with the regulations applicable to new On-Sale and Off-Sale Alcoholic Beverage Establishments contained in this title. Such an activity shall be considered a Deemed Approved Activity and shall no longer be considered a Legal Nonconforming Activity.

J.

"Modify" or "Modified" means the expansion or increase in intensity or substantial change of a use, as these terms are used in this chapter.

K.

"Off-Sale Alcoholic Beverage Establishment" means an establishment that conducts retail sales of Alcoholic Beverages for consumption off the Premises where sold.

L.

"On-Sale Alcoholic Beverage Establishment" means an establishment that conducts retail sales of Alcoholic Beverages for consumption on the Premises where sold.

M.

"Performance Standards" means regulations for the business practice activities and land use for locations with Deemed Approved Status, in whole or in part, or those further requirements imposed to achieve the purposes of this chapter. Performance Standards constitute requirements which must be complied with by an On-Sale or Off-Sale Alcoholic Beverage Establishment in order to retain its Deemed Approved Status.

N.

"Premises" means the actual space in a building devoted to Alcoholic Beverage sales.

O.

"Redeveloped" means the demolition of an existing On-Sale or Off-Sale Alcoholic Beverage Establishment (whether conducting permitted or conditionally permitted activities or Deemed Approved Activities) followed by the immediate reconstruction and operation of a replacement Off-Sale Alcoholic Beverage Establishment.

(Ord. No. O-08-18, § 2, 6-5-2018)

Except as otherwise provided in this chapter, any legal nonconforming On-Sale or Off-Sale Alcoholic Beverage Establishment lawfully operating prior to January 19, 2010 pursuant to an ABC license that authorizes the retail sale of Alcoholic Beverages for on-site or off-site consumption shall thereafter be an establishment with Deemed Approved Status in accordance with Section 18.47.060. Such establishment may continue to lawfully operate provided the operation is conducted in compliance with the Performance Standards contained in Section 18.47.070, has satisfied the applicable training requirement, maintains a valid City business license and paid the annual regulatory fee required by this chapter.

(Ord. No. O-08-18, § 2, 6-5-2018)

The deemed approved Alcoholic Beverage sales regulations shall apply to all legal nonconforming Alcoholic Beverage sales activities for on-site or off-site consumption existing and operating within the City without an approved conditional use permit.

(Ord. No. O-08-18, § 2, 6-5-2018)

All legal nonconforming Alcoholic Beverage sales activities for on-site or off-site consumption, existing and operating within the City on January 19, 2010 shall automatically become deemed approved activities and shall no longer be considered legal nonconforming activities. Each Deemed Approved Activity shall retain its Deemed Approved Status as long as it complies with the Performance Standards of this chapter.

(Ord. No. O-08-18, § 2, 6-5-2018)

The provisions of this section shall be known as the deemed approved Performance Standards. The purpose of these standards is to control dangerous or objectionable environmental effects of Alcoholic Beverage Sales Activities. These standards shall apply to all deemed approved Alcoholic Beverage Sales Activities that hold Deemed Approved Status pursuant to this chapter. An Alcoholic Beverage Sales Activity shall retain its Deemed Approved Status only if it conforms to all of the following deemed approved Performance Standards:

A.

The alcohol establishment shall not cause adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

B.

The alcohol establishment shall not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

C.

The alcohol establishment shall not allow repeated nuisance activities within the Premises or in close proximity of the Premises, including but not limited to disturbance 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, excessive littering, loitering, graffiti, illegal parking in surrounding neighborhoods, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, or lewd conduct.

D.

The alcohol establishment shall comply with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, California Business and Professions Code Sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual City business license fees.

E.

The Off-Sale Alcohol Establishment's upkeep and operating characteristics shall be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

F.

A copy of these Performance Standards, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

G.

The owners and all employees of the alcohol beverage sales establishment involved in the sale of Alcoholic Beverages shall complete an approved course in "Responsible Beverage Sales" (RBS) within 60 days of hire for employees hired after the passage of this ordinance or within six months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body designated by the state of California.

(Ord. No. O-08-18, § 2, 6-5-2018)

The development services department shall notify the owner and/or operator of an alcohol establishment of each Deemed Approved Activity as shown on their City business license, and also, if not the same, any property owner at the address shown on the county assessor's property tax assessment records, of the activity's Deemed Approved Status. The notice shall be sent by first-class mail and certified mail return receipt requested and shall include a copy of the Performance Standards in this chapter with the requirement that they be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review. This notice shall also provide that the activity is required to comply with all Performance Standards, and that the activity is required to comply with all other aspects of the deemed approved regulations. Should the notice be returned, then the notice shall be sent via regular mail. Failure of any person to receive notice given pursuant to this chapter shall not affect the Deemed Approved Status of the activity.

(Ord. No. O-08-18, § 2, 6-5-2018)

A.

An Alcoholic Beverage Sales Establishment's Deemed Approved Status may be suspended for up to one year, Modified or revoked by the planning commission after holding a public hearing for failure to comply with the Performance Standards set forth in Section 18.47.070.

Notice of such hearing by the planning commission at which it will consider the modification, suspension or revocation of an establishment's Deemed Approved Status shall be in writing and shall state the grounds therefore. Notice shall be mailed by first-class mail and certified mail return receipt requested at least 10 days before the date of the hearing.

B.

The occurrence of any of the following shall be grounds for termination of the Deemed Approved Status of the Alcoholic Beverage Sales Activity after notice and a hearing in front of the planning commission and require an application be submitted for the issuance of a conditional use permit in order to continue the Alcoholic Beverage Sales Activity:

1.

An existing Alcoholic Beverage Sales Activity changes its activity so that ABC requires a different type of license.

2.

An existing Alcoholic Beverage Sales Activity is not in compliance with other provisions contained in this Title.

3.

There is a substantial modification to the mode or character of operation.

4.

As used herein, the phrase "substantial modification to the mode or character of operation" includes but is not limited to the following:

a.

The Off-Sale Alcoholic Beverage Sales Activity establishment increases the floor or land area or shelf space devoted to the display or sales of any Alcoholic Beverage.

b.

The Off-Sale Alcoholic Beverage Sales Activity establishment extends the hours of operation.

c.

The Off-Sale Alcoholic Beverage Sales Activity Establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period 180 days or greater by ABC.

d.

The Off-Sale Alcoholic Beverage Sales Activity voluntarily discontinues active operation for more than 180 consecutive days or ceases to be licensed by the ABC.

5.

A "substantial change in the mode of character of operation" shall not include:

a.

Re-establishment, restoration or repair of an existing Off-Sale Alcoholic Beverage Sales Activity on the same Premises after the Premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the re-establishment, restoration or repair does not extend the hours of operation of any establishment or add to the capacity, floor or land area or shelf space devoted to Alcoholic Beverages of any establishment that sells any Alcoholic Beverages for off-site consumption.

b.

Temporary closure for not more than 180 days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the Premises and does not extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to Alcoholic Beverages of any establishment that sells any Alcoholic Beverages for off-site consumption, provided notice is provided to the City. The planning commission may, upon request of an owner of an Alcoholic Beverage Sales Establishment made prior to the expiration of 180 days, grant one or more extensions to the period of temporary closure, none of which may exceed 60 days, and together not to exceed 180 days.

6.

Once it is determined by the City that there has been a discontinuance of active operation for 180 consecutive days or a cessation of ABC licensing, it may be resumed only upon the granting of a conditional use permit as provided in section 18.48.140 of this title. In the event that any active operation is discontinued on a property for a period of 180 consecutive days, such discontinuance shall be presumed to be abandonment of the use by the property owner. At any time after any active operation is discontinued for a period of 180 consecutive days or more, the Development Services Director shall notify the property owner in writing of the determination of presumed abandonment of the active operation. The property owner and/or business owner may appeal the determination to the planning commission, which may overturn the determination only upon making a finding that the evidence supports the property/business owner's position that the nonconforming use was not discontinued for a period of 180 consecutive days or more. The property/business owner shall be notified by the City of the termination of the Deemed Approved Status and shall be informed of the owner's right to appeal the City's decision to the planning commission.

(Ord. No. O-08-18, § 2, 6-5-2018)

Upon the City's receipt of a complaint from the public, police department, City official or any other interested person that a deemed approved use is in violation of the Performance Standards set forth in this chapter, the following procedure shall be followed:

A.

An Enforcement Officer shall assess the nature of the complaint and its validity by conducting an on-site observation and inspection of the Premises to assess the activity's compliance with Performance Standards.

B.

If the Enforcement Officer determines that the Deemed Approved Activity is in violation of the Performance Standards, the Enforcement Officer shall give written notice of the violation to the owner and/or operator of the establishment and seek to remedy the violation under the City's administrative citation procedures contained in Chapter 8.12 of this Code. The first notice of viola on shall be given in accordance with Section 8.12.030(A)(2) of this Code. If, however, the Enforcement Officer, in his or her sole discretion, determines that the violation is not capable of correction, presents a serious threat to public health or safety, or otherwise warrants expedited action, he or she may in lieu of following the administrative citation procedure, refer the matter directly to the planning commission for a hearing at which the Deemed Approved Activity's Deemed Approved Status may be suspended, Modified or revoked.

C.

Any administrative citation issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of Chapter 8.12 of this Code, unless otherwise expressly provided by this chapter. If, the owner or operator receiving an administrative citation contests the citation and a hearing is held pursuant to Chapter 8.12, the hearing officer may, in addition to exercising all powers designated in Chapter 8.12, make a recommendation to the planning commission to suspend, Modify or revoke the Deemed Approved Activity's Deemed Approved Status if in the judgment of the hearing officer, based upon information then before him or her, such action is necessary to ensure compliance with this chapter. Such recommendation may include the suggestion of additional or amended reasonable conditions on the use, including but not limited to the operational standards listed in Section 18.47.070 of this chapter.

D.

If a hearing is conducted on a potential violation, the planning commission shall determine whether the Deemed Approved Activity is in compliance with the Performance Standards. Based on this determination, the planning commission may suspend, Modify or revoke the Deemed Approved Activity's Deemed Approved Status or impose additional or amended conditions on the use, including but not limited to the operational standards listed in Section 18.47.070, of this chapter, based on information then before it. In reaching a determination as to whether a use has violated the Performance Standards, or as to the appropriateness of suspending, Modifying or revoking a Deemed Approved Activity's Deemed Approved Status, or imposing additional or amended conditions on the use, the planning commission may consider:

1.

The length of time the Deemed Approved Activity has been out of compliance with the Performance Standards.

2.

The impact of the violation of the performance standard(s) on the community.

3.

Any information regarding the owner of the Deemed Approved Activity's Efforts to Remedy the violation of the performance standard(s).

E.

"Efforts to Remedy" shall include, but are not limited to:

1.

Timely calls to the police department that are placed by the owner and/or operator of the Deemed Approved Activity, his or her employees, or agents.

2.

Requesting that those persons engaging in activities causing violations of the performance standard(s) cease those activities, unless the owner of the Deemed Approved Activity, or his or her employees or agents feels that their personal safety would be threatened in making that request.

3.

Making improvements to the Deemed Approved Activity's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks and graffiti abated within three days.

F.

If in the judgment of the planning commission, the operations of the owner or operator of the Deemed Approved Activity constitute a nuisance, the owner is unable or unwilling to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the planning commission may suspend, Modify or revoke the activity's Deemed Approved Status. If suspended, any continued operation of the business shall require a conditional use permit approved by the planning commission. All determinations, decisions, and conditions made or imposed regarding the use of a Deemed Approved Activity shall run with the land.

G.

The decision of the planning commission shall be final and conclusive, unless appealed in accordance with the provisions of Chapter 18.58 of this title.

(Ord. No. O-08-18, § 2, 6-5-2018)

Any applicant or other person aggrieved by a decision of the planning commission from a suspension, modification or revocation of an establishment's Deemed Approved Status pursuant to this chapter may appeal the decision to the City Council pursuant to Chapter 18.58 of this code.

(Ord. No. O-08-18, § 2, 6-5-2018)

A.

Any person violating any of the provisions of this chapter or who causes or permits another person to violate any provision of this chapter may be charged with either an infraction or a misdemeanor, and shall be subject to the provisions of the general penalty clause as set forth in Chapter 8.02 of this code.

B.

In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the City.

C.

Nothing in this chapter shall be construed to prevent the City from pursuing any and all other legal remedies that may be available, including but not limited to civil actions filed by the City attorney seeking any and all appropriate relief such as civil injunctions and penalties.

(Ord. No. O-08-18, § 2, 6-5-2018)

A.

The intent and purpose of this section is to impose a regulatory fee upon all on and Off-Sale Alcohol Establishments that either hold Deemed Approved Status pursuant to this chapter or obtained a conditional use permit after January 19, 2010. This fee shall provide for the enforcement and regulation of the conditions of approval, operational standards, Performance Standards and other applicable regulations set forth in this title or the conditional use permit issued.

B.

The annual alcohol sales regulatory fee shall be established by resolution of the City Council. The fee shall be calculated so as to recover the total cost of both administration, inspection and enforcement of the conditions of approval, Performance Standards and other applicable regulations set forth under this chapter upon all Off-Sale Alcohol Establishments that either hold Deemed Approved Status pursuant to this chapter or obtained a conditional use permit, including, for example, notifying establishments of Deemed Approved Status, administering the program, establishment inspection and compliance checks, documentation of violations, conducting hearings and prosecution of violators, but shall not exceed the cost of the total program. All fees shall be used to fund the program. Fees are nonrefundable except as may be required by law.

(Ord. No. O-08-18, § 2, 6-5-2018)