The purpose of this chapter is to preserve a healthy environment for residents and businesses by establishing a set of consistent standards for the safe operation of alcoholic beverage establishments. It is recognized that hospitality, entertainment, recreation and related businesses are a significant part of the city's economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments which jeopardize the continued success of these businesses and seriously affect the health, safety and general welfare in surrounding areas, particularly residential neighborhoods.

This chapter is intended to deal with and prevent these alcohol-related problems including driving under the influence, assaults, public inebriation, littering, loitering, obstruction of pedestrian traffic, vehicular traffic, parking crime, interference with children on their way to school, interference with shoppers using the streets, defacement and damaging of structures, discouragement of more desirable and needed commercial uses and other similar zoning problems and nuisance activity connected primarily with the operation of establishments engaged in the sale of alcoholic beverages for consumption on and off the premises.

(Ord. 605 § 1(part), 2006).

For the purpose of this chapter, the following words or terms shall be defined as follows:

"Alcoholic beverage" means a fermented or distilled beverage including alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer which contains one-half of one percent or more of alcohol by volume which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances, and sales of which require a license from the department of alcoholic beverage control.

"Bona fide restaurant" means a business enterprise which is conducted, or proposed to be conducted, in compliance with the following requirements:

1.

At least one full-time cook engaged by the business enterprise to prepare meals for patrons on the premises during the permissible hours of operation;

2.

A printed menu which is provided to patrons by an employee for the purpose of ordering meals;

3.

If the establishment sells alcohol, the issuance by ABC of a Type 41 or a Type 47 license;

4.

A kitchen and dining area that constitute permanent and identifiable portions of the business premises;

5.

Not less than fifty-one percent of the business enterprise is derived from the sale of meals and non-alcoholic beverages;

6.

No more than thirty-five percent of the establishment's total floor area is dedicated to a bar or cocktail lounge area;

7.

Any bar or cocktail lounge operated by the business enterprise is separated from the dining area by a wall or other partition; and the bar or cocktail lounge area does not remain open when the dining area is closed. This shall not include an establishment that serves alcohol without a meal service being provided, with the exception that alcohol sales to restaurant patrons may continue for up to two hours after meal service has ceased to allow guests to comfortably complete their meals.

"Department of alcoholic beverage control" or "ABC" means the California State Department of Alcoholic Beverage Control.

"Drug store" means any business establishment which is characterized primarily by the sale of prescription drugs, which has a floor area of more than five thousand square feet.

"Entertainment" means any form of entertainment, as defined by Chapter 5.36 of this code.

"Existing deemed approved alcoholic beverage establishment" means any establishment lawfully engaged in the sale of alcoholic beverages, on-sale and off-sale, which is in existence prior to the effective date of this chapter, retains the same type of alcoholic beverage license and continues to legally operate without "substantial change in the mode or character of operation" as defined by this section.

"Fast food restaurant" means a restaurant whose business is primarily related to take out food. Customers typically order food from a menu board. A fast food restaurant may also have a drive-through window. A fast food restaurant is not considered a "bona fide restaurant" for the purposes of this chapter.

"Grocery store" means any business establishment selling food products, household merchandise, and/or prescription drugs to the public which has a floor area of more than five thousand square feet.

"Meals" means the usual assortment of foods commonly ordered at various times of the day for the cuisine served. The service of snack foods and/or appetizers alone shall not be deemed the service of "meals." "Meals" shall be prepared on the premises. Heating of food prepared elsewhere shall not constitute a meal for the purposes of this chapter.

"Off-sale alcoholic beverage establishment" means any business establishment which has obtained or is in the process of obtaining a retail liquor license from ABC authorizing the sale of alcoholic beverages for consumption off the premises in original, unopened containers. Such retail liquor licenses include Type 20 (off-sale beer and wine) or Type 21 (off-sale general). Typical off-sale alcoholic beverage establishments include, but are not limited to, grocery store, food markets, supermarkets, drugstores, liquor stores and convenience markets.

"On-sale alcoholic beverage establishment" means any business establishment where alcoholic beverages are sold, served or given away for consumption on the premises that is licensed, or proposed to be licensed, by ABC. Such retail licenses include: Type 40 (on-sale beer eating place), Type 41 (on-sale beer and wine), Type 47 (on-sale general), Type 51 (on-sale general for club). Typical on-sale alcoholic beverage establishments include, but are not limited to, bars, restaurants, ballrooms, dance bars, piano bars, billiard and/or game parlors, night clubs or other private clubs, and veterans clubs.

"Specialty food store" means any business establishment selling ethnic, imported, and/or gourmet food products including cheeses, meats, baked goods, condiments, seasoning and novelty foods and beverages that has a floor area of more than two thousand five hundred square feet.

"Substantial change in mode or character of operation" means and includes, but is not limited to, the following situations:

1.

The alcoholic beverage establishment has changed, or proposes to change, its type of retail liquor license with the department of alcoholic beverage control;

2.

Any use made nonconforming per Chapter 17.76;

3.

The off-sale alcoholic beverage establishment increases the floor area or shelf space principally devoted to alcohol sales by ten percent or more;

4.

The on-sale alcoholic beverage establishment increases the floor area principally devoted to alcohol sales by more than one hundred square feet;

5.

The alcoholic beverage establishment proposes to reinstate alcohol sales after the retail liquor license has been revoked or suspended for a period greater than ninety days by the department of alcoholic beverage control;

6.

The establishment is a bona fide restaurant with a Type 41 license that adds entertainment; or

7.

The alcoholic beverage establishment is found to have violated the city's nuisance and public welfare laws as set forth in Chapter 8.08 of this code.

"Supermarket" means any business establishment selling food products, household merchandise, and/or drugs to the public which has a floor area of more than ten thousand square feet.

(Ord. 605 § 1(part), 2006).

A.

On or after the effective date of this chapter, no place where alcoholic beverages are sold, served, or given away as a normal course of business for on-sale or off-sale consumption, shall be established without first obtaining a conditional use permit. Issuance of a conditional use permit, and any appeal, shall be in accordance with the requirements set forth in Chapter 17.80 of this code and the requirements of this chapter. No existing deemed approved alcoholic beverage establishment shall substantially change its mode or character of operation as such terms are defined in Section 17.50.020, without first obtaining a conditional use permit.

(Ord. 605 § 1(part), 2006).

A.

A conditional use permit shall not be issued to a proposed on-sale or off-sale alcoholic beverage establishment if the proposed establishment would be located within three hundred feet from another such establishment or any residential use, church or other place of worship, or hospital; or within one thousand feet from an educational institution, nursery school, day camp, day care center, public park, or playground, as such distances are measured from the closest property line of each use. Notwithstanding any provision in this chapter to the contrary, an "existing deemed approved alcoholic beverage establishment" which is seeking to obtain a conditional use permit shall not be required to comply with these distance requirements as part of the conditional use permit process. In addition, these distance requirements shall not apply to the location of any proposed on-sale or off-sale alcoholic beverage establishment within a bona fide restaurant or specialty food store as such terms are defined in Section 17.58.020.

The minimum distance requirement provided in this section may be waived by the development services director or the decision-making body, if in his/her/its reasonable judgment, it is determined that a substantial physical obstruction or barrier exists, such that it is practically infeasible for an individual to travel the distance (including by foot, bicycle or vehicle) as measured by property lines and the actual distance traveled would in reasonable likelihood be in excess of the minimum distance requirement. The substantial physical obstruction or barrier may be natural or man-made, provided it existed before submission of the application for the conditional use permit or development agreement. Examples of types of physical obstructions or barriers that may support a waiver include but are not limited to, restricted access highways or freeways, rivers or creeks, stormwater channels, large embankments or soundwalls.

(Ord. 605 § 1(part), 2006).

(Ord. No. 718, § 10, 10-25-17; Ord. No. 744, § 2, 1-8-20; Ord. No. 752, § 9, 3-10-21)

To approve a conditional use permit for an alcoholic beverage establishment (whether for on-sale or off-sale consumption), the planning commission shall find that the proposed use is consistent with the purpose and intent of this chapter. In addition, the planning commission shall make the following findings in addition to the findings required by Chapter 17.80:

A.

That the proposed use serves the public convenience or necessity, based upon the factors outlined in Section 17.58.060 herein;

B.

That the proposed establishment will comply with the conditions of approval at Sections 17.58.070 and 17.58.080 of this chapter; and

C.

That the proposed use will not adversely affect nearby residents and facilities primarily devoted to use by children, families, and the general public, after giving consideration to the distance or proximity of the proposed alcoholic beverage establishment to residential districts, educational institutions, nursery schools, day camps, day care centers, public parks, playgrounds, places of worship or hospitals.

In order for the planning commission to establish the required findings listed above, the burden shall be on the applicant, to show that the proposed use will not adversely affect the welfare of nearby residents, or detrimentally affect nearby residentially zoned communities.

(Ord. 605 § 1(part), 2006).

In deciding whether to issue the conditional use permit, the planning commission shall consider whether the public convenience or necessity would be served by the proposed alcoholic beverage establishment and make findings to justify such conclusion based upon review and consideration of relevant factors, which shall include the following:

A.

The extent to which the issuance of the conditional use permit would duplicate services and therefore contribute to an over-concentration of alcoholic beverage establishments;

B.

The extent to which alcohol sales are related to the function of the proposed use, and the possibility of the use operating in a viable manner without alcoholic beverage sales;

C.

The ability of the proposed establishment to serve a niche in the market not filled by other alcoholic beverage establishment licenses in the area;

D.

The convenience of purchasing alcoholic beverages in conjunction with other specialty food sales or services;

E.

The aesthetic character and ambiance of the proposed establishment;

F.

The manner in which the proposed establishment is to be conducted (special or unique features), including the extent to which the establishment will provide an adequate and well-trained staff;

G.

The manner in which the proposed establishment complements the established or proposed businesses in the surrounding area;

H.

The extent to which the proposed establishment, location and/or operator has a history of law enforcement problems;

I.

The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the city or adjacent cities;

J.

The number of alcohol-related police calls for service, crimes or arrests in the reporting district and in adjacent districts;

K.

The extent to which the proposed establishment will maintain security, or surveillance, both inside and outside the premises and comply with all applicable laws.

(Ord. 605 § 1(part), 2006).

Establishments engaged in the retail sale of alcoholic beverages shall be operated in a manner which does not interfere with the normal use of adjacent properties.

A.

The applicant shall be required to submit a site plan, floor plans, and elevations of the alcoholic beverage establishment to be reviewed by city staff. After review and evaluation, city staff may require the incorporation of design features that assist in reducing alcohol-related problems. The city may impose conditions on the alcoholic beverage establishment which may include, but are not limited to, openness to surveillance and control of the interior and exterior of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; increased illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior.

B.

In addition to those conditions which the planning commission may otherwise impose, all conditional use permits for alcoholic beverages establishments shall be subject to the following conditions for approval:

1.

That a decorative masonry wall of six feet in height shall be constructed around the parking area of such establishments when said area is adjacent to properties zoned or used for residential purposes or any other sensitive use, as listed in Section 17.58.040.

2.

That the establishment complies with the Irwindale Municipal Code, including those regulations for off-street parking, noise, signs, drinking in public, landscape and irrigation, and graffiti removal.

3.

That exterior lighting of the parking area shall be kept at an intensity of between one and two footcandles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened or shielded from adjacent properties and from the sky.

4.

That adequate security measures shall be provided as specified by the police department, including retaining trained staff and security personnel and providing security devices such as surveillance or burglar alarm systems.

5.

The operator of the establishment shall ensure that no trash or litter originating from the site is deposited onto neighboring properties or onto the public right-of-way. The owner or operator shall provide for daily removal of trash, litter and debris from the premises and on all abutting sidewalks within twenty feet of the premises.

6.

That hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours of operation.

7.

That the owner of the establishment shall maintain all required permits and/or licenses for the sale of alcoholic beverages in good standing.

8.

That a copy of the current business license shall be kept on the premises of the establishment and be presented to any planning director, city code enforcement officers, law enforcement officers or their duly authorized representatives, upon request.

9.

In addition to the conditions enumerated above, additional conditions may be imposed by the planning commission for the protection of the public health, safety or welfare.

(Ord. 605 § 1(part), 2006).

A.

On-Sale Alcoholic Beverage Establishments. In addition to the other provisions of this chapter, and those conditions which the planning commission may otherwise impose, all conditional use permits for on-sale alcoholic beverages establishments shall be subject to the following conditions for approval:

1.

That the sale of alcoholic beverages for consumption outside or off the premises shall be prohibited; except that this provision shall not apply to bona fide restaurants with approved outdoor or sidewalk dining. Signs shall be posted on the premises both inside and outside indicating that the sale of alcoholic beverages for consumption outside or off the premises shall be prohibited.

2.

That the management of any establishment selling alcohol shall take the necessary steps to ensure the orderly conduct of employees, patrons and visitors on the premises including but not limited to the following:

a.

Required Training. All owners, managers and employees serving and/or selling alcoholic beverages in alcoholic beverage establishments shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages.

b.

When Required. Responsible beverage service and sales training shall be required for all new alcoholic beverage establishments and for any existing alcoholic beverage establishment upon a finding of the planning commission, or the planning director, as the case may be, that the establishment is operated or maintained under conditions that constitute a public nuisance.

c.

Certified Programs. To meet the requirements of this section a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body which the state of California may designate.

3.

That a sign stating that no persons under the age of twenty-one are allowed inside the establishment shall be posted on all entrance doors, except at a bona fide restaurant.

B.

Off-Sale Alcoholic Beverage Establishments. In addition to the other provisions of this chapter, and those conditions which the planning commission may otherwise impose, all conditional use permits for off-sale alcoholic beverages establishments shall be subject to the following conditions for approval:

1.

Any off-sale alcoholic beverage establishments seeking to sell or store motor fuels on the same premises as alcoholic beverages shall comply with the following conditions:

a.

No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler.

b.

No advertisements of alcoholic beverages shall be displayed at motor fuel islands and no self-illuminated advertising for alcoholic beverages shall be located on buildings or windows.

c.

No sale of alcohol beverages shall be made from a drive-up or walk-up window.

d.

No display or sale of beer or wine shall be made from an ice tub.

e.

Employees on duty between the hours of ten p.m. and two a.m. shall be at least twenty-one years of age to sell alcoholic beverages.

f.

The permittee at all times shall comply with all terms and provisions of the license issued by the department of alcoholic beverage control and/or the terms and provisions of the Alcoholic Beverage Control Act.

g.

No sale of single containers of beer and/or wine coolers shall be made, where said containers were originally packaged with additional containers (e.g., four packs or six packs).

2.

That the operation of video, or any other electronic games, may be prohibited in conjunction with the sale of alcoholic beverages, and will be considered on a case-by-case basis.

3.

That the sale of alcoholic beverages for consumption on the premises shall be prohibited and appropriate posting of signs stating that drinking on the premises is prohibited by law shall be posted both inside and outside the establishment. The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.

4.

That exterior public telephones that permit incoming calls may not be located on the premises.

5.

That exterior storage of any kind shall be prohibited.

6.

That paper or plastic cups shall not be sold or given away in quantities less than their usual and customary packaging.

(Ord. 605 § 1(part), 2006).

The conditions of approval stated in Sections 17.58.070 and 17.58.080, with respect to the requirements for masonry walls, landscaping and off-street parking standards shall be observed, except where the planning commission finds that specific deviations are required to be made because of physical constraints or limitations of the site or property of the respective on-sale or off-sale alcoholic beverage establishment.

(Ord. 605 § 1(part), 2006).

A.

Any on-sale or off-sale alcoholic beverage establishment with a conditional use permit or any existing deemed approved alcoholic beverage establishment shall comply with the following performance standards. The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales and to protect the public health, safety, peace and welfare.

B.

All owners, employees or agents of an alcoholic beverage establishment shall take reasonable steps to discourage and correct conditions that constitute a nuisance, inside the establishment, in parking areas, sidewalks, alleys and areas surrounding the alcoholic beverage establishment and adjacent properties during business hours if directly related to the patrons of the subject alcoholic beverage establishment. "Reasonable steps" shall include calling the police in a timely manner; preventive design features (see Section 17.58.070(A) of this chapter); security measures; and requesting those engaging in such activities to cease those activities, unless personal safety would be threatened in making such request.

C.

Pursuant to the conditional use permit procedures at Chapter 17.80, any conditional use permit shall be subject to modification or revocation, and in the case of existing establishments, loss of the "deemed approved" status, or shall be abated in accordance with the procedures at Chapter 8.08, if the following is found to exist:

1.

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 of alcoholic beverages in public or vehicles on or about the premises, or harassment of passerby;

2.

Repeated nuisance activities within the premises or in close proximity of the premises such as public urination, assault and battery, lewd conduct graffiti, curfew violation, excessive littering, or loitering;

3.

Nuisance activities within the premises or in close proximity of the premises consisting excessive noise in violation of Chapter 9.28 of the Irwindale Municipal Code;

4.

Where the operation of the premises results in an adverse effect to the health, peace, or safety of persons residing or working in the surrounding area;

5.

Where the operation of the premises results in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;

6.

Where the operation of the premises is in violation of any applicable city ordinance or state or federal regulation or statute;

7.

Failure to comply with any law, city code or condition imposed in the issuance of a conditional use permit.

(Ord. 605 § 1(part), 2006).

The planning director, city code enforcement officers, law enforcement officers or their duly authorized representatives, may enter on any site or into any structure for the purpose of investigation, provided they shall do so in a reasonable manner, whenever they have cause to suspect a violation of any provision of these regulations, or whenever necessary to the investigation of violations to the "deemed approved" performance standards or conditions of approval prescribed in these regulations or applicable conditional use permit.

(Ord. 605 § 1(part), 2006).

The city reserves the right to review any conditional use permit issued hereby, one year from the date the conditional use permit was first approved and at one-year intervals thereafter. After reviewing the existing manner and conditions of operation of the permitted business establishment, the planning director has the right to take any action authorized by this code or applicable law including but not limited to scheduling a public hearing before the planning commission for revocation or modification, consistent with Chapter 17.80. Any appeal shall be subject to the provisions of Chapter 17.80.

(Ord. 605 § 1(part), 2006).

Any violation of this chapter shall constitute a public nuisance and be prosecuted as a misdemeanor or an infraction at the discretion of the prosecuting attorney or shall be abated in compliance with Chapter 8.08 of this code.

(Ord. 605 § 1(part), 2006).

If any part or provision of this chapter is found to be invalid or unenforceable by a court of law, such invalidity shall not affect any other part or provision herein, and all remaining provisions of this chapter will be valid and enforceable to the fullest extent permitted by law.

(Ord. 605 § 1(part), 2006).