Hawthorne City Zoning Code
CHAPTER 17
76 SALE OF ALCOHOLIC BEVERAGES
§ 17.76.010 Purpose.
Due to the special role that alcohol plays in American culture, including both benefits and negative impacts to a community, the following provisions are intended to ensure that alcoholic beverage outlets do not adversely impact the public health, safety, and general welfare of the city while providing economic benefits to the hospitality and dining establishments in the city.
(Ord. 2098 § 4, 2015; Ord. 2257, 5/27/2025)
§ 17.76.020 Conditional use permit required.
Alcohol sales, for both on-site and off-site consumption, except those listed below, shall require a conditional use permit and shall be subject to reasonable and appropriate conditions as determined by the planning commission or city council based upon the location, surrounding uses, and type of license sought.
A.
Exempt From Conditional Use Permit.
1.
The following types of alcohol licenses issued by the Department of Alcoholic Beverage Control (ABC) are exempt from the requirement for a conditional use permit but are subject to the operational standards in Section 17.76.030.
Type 17: Beer and wine wholesaler
Type 18: Distilled spirits wholesaler
Type 19: Industrial alcohol dealer
Type 27: California winegrower's agent.
Type 28: Out-of-state distilled spirits shipper's certificate
Type 31: Special daily (beer, wine, distilled spirits)
Type 34: Daily beer and wine
Type 37: Daily general
Type 41: On-sale beer and wine — eating place
Type 47: On-sale general eating place
Type 64: Special on-sale general for theater company
Type 66: Controlled access cabinet permits
Type 69: Special on-sale beer and wine theater
Type 85: Limited off-sale — wine license
Type 90: On-sale general for special use
2.
Exemption from requiring a conditional use permit in no way diminishes the city's ability to address nuisances as defined in Titles 8, 9, 12, and elsewhere in this Municipal Code that may be related to the presence of alcohol.
B.
In addition to all submittal requirements for a conditional use permit described elsewhere in this title, conditional use permit applicants for alcohol sales shall also be required to submit the following:
1.
A map and listing of all properties partially or entirely within a radius of 300 feet drawn from the property lines where the license is sought. The list shall include the following:
a.
Addresses and land uses of each property;
b.
Any known sensitive uses, including, but not limited to, residential properties, schools, treatment and recovery centers, day care (including adult), preschools, parks, and playgrounds; and
c.
Any establishments that are licensed to sell alcohol, both on-sale and off-sale, and the type of license if known.
2.
For any sensitive uses listed pursuant to the above requirement, a written statement by the applicant concerning how they intend to ensure that their business will not operate in a manner that will directly or indirectly cause a nuisance or recurring violation of any local, state or federal laws shall be required.
C.
Conditional use permits for alcohol sales are subject to the same regulations and limitations as conditional use permits generally in the city. The planning commission may exercise its discretion to approve with conditions, modify and approve, or deny any conditional use permit application if it finds it necessary to protect the health, safety, and general welfare of the community. Planning commission decisions are appealable to the city council pursuant to processes described elsewhere in this title (administrative chapter).
D.
Any legally established alcohol sales prior to the adoption of Ordinance 1553 (1993) or made nonconforming by the adoption of this chapter, shall be subject to the limitations and benefits as described in the chapter within this title dealing with nonconforming uses.
(Ord. 2098 § 4, 2015; Ord. 2257, 5/27/2025)
§ 17.76.030 Operational standards.
A.
Exempt Licenses. The standards listed below are applicable to the extent they are relevant to each license type held:
1.
The applicant must obtain and maintain an appropriate alcohol license from ABC prior to operation of the business.
2.
Prior to issuance of a business license, signs shall be posted on the site per Penal Code Sections 552 through 555.5 and 11532 to prohibit loitering on the property.
3.
Before issuance of a business license, a security plan must be approved by the police department. If there are multiple law enforcement actions or complaints related to the site or its operations, the police department shall review and revise the security plan to address the issues. Any revisions must be implemented within 60 days or upon renewal of the business license, whichever is sooner.
4.
The operator of an alcohol business shall comply with all applicable requirements and provisions set forth by the Building Code, Fire Code, and Municipal Code.
B.
Non-Exempt Licenses. The following conditions of approval shall be attached to all resolutions for alcohol conditional use permits. The conditions may be modified, new conditions added, and inapplicable conditions removed to suit the site or operational characteristics of the business:
1.
The applicant must obtain and maintain an appropriate alcohol license from ABC and abide by all local, state, and federal regulations prior to operation of the business. The surrender, lapse, termination, suspension, or payment of a fine in lieu of suspension or termination, of the alcoholic license issued for the site by ABC shall be grounds for revocation of the conditional use permit.
2.
Signs shall be posted on the site per Penal Code Sections 552 through 555.5 and 11532 to prohibit loitering on the property. These signs shall be installed prior to issuance of a business license.
3.
Alcohol service can occur only within designated areas on the floor or site plan attached.
4.
In order to control the areas where alcohol is permitted, signs shall be posted inside the business and on the wall near the exits stating "No alcohol allowed past this point." These signs shall be installed prior to issuance of business license.
5.
In order to help reinforce the minimum drinking age, the applicant shall post a prominent, permanent sign or signs stating, "No person under 21 will be served alcoholic beverages" and "Valid ID is required to purchase alcoholic beverages." These signs shall be installed prior to issuance of business license.
6.
Display of alcoholic beverages shall not be located outside of the building or within five feet of any public entrance to the building.
7.
The applicant shall ensure all pertinent employees obtain LEAD Certificates and copies of such certificates shall be kept on site and available for inspection upon request by a city official.
8.
Applicant must have an approved security plan at all times during operation. Before issuance of a business license or prior to any alcohol service, a security plan must be approved by the police department. If there are multiple law enforcement actions or complaints, the police department shall review and may revise the security plan. This may include hiring a security guard and limiting hours of alcohol service. The applicant shall implement those changes within a reasonable time period acceptable to the chief of police.
9.
Failure of the applicant to comply with conditions as set forth shall be cause for the planning commission to institute a public hearing for revocation purposes.
10.
The applicant shall comply with all applicable requirements and provisions set forth in the municipal, building, and fire codes, and any additional conditions included herein from the Fire, Building Safety, Public Works, and Planning Departments.
11.
The applicant must conform to all business license regulations and maintain a current city license at all times.
12.
All signs on the property shall comply with the regulations in the Hawthorne Municipal Code chapter dealing with signs.
13.
The maximum occupancy, as determined by the fire department, shall not be exceeded. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit and the exit of rooms designated for public gathering.
14.
Emergency fire facilities shall be kept free and unobstructed at all times.