A.   The intent of this chapter is to ensure that businesses offering on-site alcohol sales as part of their normal business practices are compatible with surrounding land uses and businesses, and are consistent with the goals and objectives of the General Plan.

   B.   The purpose of this chapter is to establish standards to facilitate the orderly operation of businesses offering on-site alcohol sales as a normal part of their business practices. (Ord. 3270 (part), 2019)

   Businesses selling alcohol for on-site consumption (On-Sale Establishment) in any zone, including Specific Plan areas, are subject to the regulations set forth in this Chapter in addition to any other applicable requirements of this code. (Ord. 3270 (part), 2019)

   A.   The following operational standards are required for all Restaurants with on-site alcohol sales. The Planning Commission or Community Development Director may approve modifications to the operational standards contained in this section as part of the review of the applicable use permit, if strict compliance with the standards is not necessary to achieve the intent of the standard with respect to a particular business or premises. Specific conditions of approval may be required based on the location and operational characteristics of the business.

   1.   Hours of operation. The permitted hours of operation shall be established by the applicable Administrative Restaurant Use Permit or Conditional Use Permit for the subject establishment.

      a.   Minimum hours of operation for restaurants with entertainment. Restaurants with Entertainment shall be open and offer a full dining menu during normal dinner hours (typically 5:00 p.m. to 9:00 p.m.) a minimum of five days per week. Food shall be made available to patrons at all times the business is open, except the last hour before closing. Restaurants with Entertainment are strongly encouraged, but not required, to be open during regular lunch hours.

   2.   Security/operational plan. Any business providing Entertainment at any time, or On-Site Alcohol Sales after 10:00 p.m., shall be required to provide a written Security/Operational Plan in a form and manner as prescribed by the Police Department. The contents of the plan shall include, but are not limited to:

      a.   The number and locations of any security personnel.

      b.   The use and location of video surveillance for the interior and exterior of the establishment as applicable.

      c.   Lighting plans for the interior and/or exterior. All indoor and outdoor areas shall have adequate lighting to make easily discernible all activities for security and safety purposes. Outdoor lighting shall be designed to minimize light trespass on to streets and adjoining properties, and shall include shielding and fixture placement to restrict unintended light glare.

      d.   Description of security protocols and practices to address incidents within the establishment, exterior patios and queuing areas.

      e.   When applicable, a written description of how the establishment will provide visibility into the premises for security and police personnel.

      The Police Department may alter the number of security personnel required at any time, with reasonable written notice, based upon observed conditions at the establishment. Modifications to a Security Plan may include specific days, times, or occasions necessitating additional security, such as temporary uses, special events or holidays.

   3.   Outdoor music. Ambient Music, as that term is defined in this Title, is permitted to be played through house speakers at a volume wherein normal conversation is not impeded, within the outdoor dining or patio until 2:00 a.m. Any music that is played outdoors at a volume louder than Ambient Music, whether live or pre-recorded, is considered Entertainment (Outdoor).

   4.   Promoters. Neither the business, nor anyone on its behalf, shall share any profits, or pay any percentage or commission to a promoter, or otherwise receive compensation for use of the facilities.

   5.   Cover charge. No admission fee, cover charge, or similar fees may be imposed upon patrons as a condition of entry to the premises prior to 10:00 p.m. After 10:00 p.m. a cover charge may be assessed at the discretion of the business.

   6.   Noise. Noise generated from the establishment shall not exceed the levels specified in Chapter 15.90.

   7.   Queuing. Outside queuing of patrons shall be located so as not to obstruct the public right-of-way, interfere with any outside eating areas, or impede access to adjacent businesses. Adequate lighting and security provisions shall be required for all queuing areas and described in the Security/Operational Plan.

   8.   Responsible beverage service/sales training requirements. All owners, managers and employees serving and/or selling alcoholic beverages in an establishment shall complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Records regarding the successful completion of the training program shall be maintained on the premises and presented for review upon request by City staff.

   9.   Posting of responsible beverage sales policies. Operators shall be required to post the businesses alcohol sales policies in a conspicuous location within the establishment. These policies should include:

      a.   Requirement to provide identification for every customer under the age of 30.

      b.   Notice to patrons regarding the use of video surveillance.

      c.   Posting of signage in a conspicuous location which states “It is illegal to serve or sell alcohol to a person who is obviously intoxicated [B&P Code 25602]”.

   10.   Graffiti. The exterior of the business, including signs and accessory structures, shall be maintained free of graffiti at all times. Graffiti shall be removed within twenty-four (24) hours.

   11.   Trash/debris removal. The business owner or operator shall provide for daily/nightly removal of trash, litter and debris (including vomit, urine and excrement) from the premises and on all abutting sidewalks and parking lots within twenty-five (25) feet of the exterior of the building. Removal and cleaning of this area shall be completed as part of the closing of the establishment. (Ord. 3270 (part), 2019)

   Any business with a use permit for on-site alcohol sales, may be subject to suspension, modification, or revocation if the Planning Commission or City Council, as applicable, determines that the business has been operated so as to create an adverse impact on the health, safety, or welfare of surrounding properties, Police services, Maintenance Services Department, or in violation of the law or any permit which it may have been issued.

   A.   Suspension, modification or revocation procedures. The Planning Commission or City Council, as the case may be, may suspend, modify, or revoke a CUP or an ARUP following the procedures set forth in Chapter 15.70 or 15.71, as the case may be.

   B.   The following occurrences shall trigger the scheduling of a public hearing with the Planning Commission to suspend, modify or revoke a Conditional Use Permit or ARUP:

   1.   Issuance of three (3) criminal or life/safety related notices of violation or citations within a six (6) month period from either the Fire Marshal, the Building Official, or the Police Department.

   2.   The imposition of any disciplinary action or finding of violation by the Department of Alcoholic Beverage Control.

   3.   Any critical incident occurring on or in the premises, or in connection with the operations on the premises, as determined by the Community Development Director, in consultation with the Police Department.

   C.   The following occurrences may trigger the scheduling of a public hearing with the Planning Commission to suspend, modify or revoke a conditional use permit or ARUP:

   1.   Issuance of three (3) administrative notices of violation or administrative citations within a six (6) month period.

   D.   The city specifically does not want to discourage business owners or others from contacting the police or other emergency services under any necessary circumstances. Therefore, the number of calls for service to the Police Department shall not be used as the basis for suspension and/or revocation of a CUP or ARUP. (Ord. 3270 (part), 2019)

   A.   Any business which sells alcoholic beverages for on-site consumption in the City that does not have a CUP or an ARUP or was opened without any city use permits required at the time of opening, will be considered a nuisance business if the Planning Commission or City Council, as the case may be, determines that the business has been operated in such a fashion as to cause an adverse impact on the neighboring businesses and/or residences, the City’s Police Department, the Maintenance Services Department, or in violation of the law or any permit which it may have been issued.

   B.   The criteria for determining whether a business is a nuisance shall be the same types of occurrences specified in Section 15.31.040.B.

   C.   The Planning Commission or City Council shall conduct a public hearing in order to determine whether there is sufficient evidence to declare the business a nuisance. If a business is declared a nuisance business by the Planning Commission, that decision may be appealed, in writing, to the City Council within ten (10) business days of the Planning Commission’s action.

   D.   If a business is declared a nuisance business by the Planning Commission and no timely appeal is filed, the decision becomes final ten (10) business days after issuance of the decision.

   E.   If an appeal of a Planning Commission determination is filed within the specified timeframe, the City Council shall conduct a new public hearing on the matter and issue a decision as soon as possible, but no later than sixty (60) days after the conclusion of its deliberations. If the City Council upholds the determination that the business is a nuisance business, that decision becomes final upon issuance of the City Council’s decision.

   F.   If a business operating without a CUP or ARUP is declared a nuisance business, the Planning Commission or City Council, as the case may be, may require the business to apply for a CUP or ARUP, as may be appropriate based on the operational characteristics of the business, subject to the imposition of conditions which will, in the judgment of the Commission or Council, mitigate or address the type(s) of nuisance activity which has been found to occur at the business. (Ord. 3270 (part), 2019)

   Any use permit for a business with On-Site Alcohol Sales shall be automatically deemed revoked if the use is discontinued for three-hundred and sixty-five (365) consecutive days or if the ABC license for the establishment has been revoked or transferred to a different location without a replacement license being approved within ninety (90) consecutive days. (Ord. 3270 (part), 2019)

   Any person, whether as principal, agent, or employee, violating the terms of this Zoning Code may be prosecuted by any or all methods available to the city. (Ord. 3270 (part), 2019)