La Verne City Zoning Code
CHAPTER 18
80 ALCOHOLIC BEVERAGE SALES
§ 18.80.010 Definitions.
For the purposes of this chapter:
means the sale of packaged alcoholic beverages, including beer, wine and distilled spirits for consumption off the premises where sold.
means the sale of alcoholic beverages including beer, wine and distilled spirits for consumption on the premises where sold.
(Prior code § 9999.0001; Ord. 701 § 4, 1985)
§ 18.80.020 Conditional use permit required.
The planning commission is authorized to grant a conditional use permit for the operation of businesses that engage in the on-site and off-site sale of alcoholic beverages, subject to the provisions of this chapter and Sections 18.108.010 through 18.108.100 of this code. In granting such permits, the planning commission shall impose such conditions necessary to safeguard the health, safety and general welfare of the residents and businesses of the city. No conditional use permit is required under this code for the temporary sale of alcoholic beverages by a church, school or charitable group.
(Prior code § 9999.0000; Ord. 701 § 4, 1985; Ord. 818 § 1, 1991)
§ 18.80.030 Location.
The on-site and off-site sale of alcoholic beverages may be permitted with a conditional use permit within the C-P-D commercial professional development zone, the A-P administrative-professional zone, and specific plan areas where appropriately designated. On-site sale of alcoholic beverages may be permitted only when in conjunction with a restaurant or other bona fide eating establishment as defined by the California Business and Professions Code, Section 23038 or its successor provision.
(Prior code § 9999.0002; Ord. 701 § 4, 1985)
§ 18.80.040 Review by planning commission.
A.
When making its decision to approve or deny a conditional use permit, the planning commission shall consider the impacts upon surrounding uses, schools, churches and residential uses, as well as the extent of available on-site parking and other site characteristics.
B.
In its review of a conditional use permit request, the planning commission may consider and specify conditions to deter outdoor congregation by patrons, to limit the hours and method of operation in order to achieve land use compatibility and to discourage illegal or undesirable activities. Unless permitted by state law, the city's regulation of hours shall not conflict with regulations by the Alcoholic Beverage Control Board.
C.
The planning commission must issue written findings based on substantial evidence in view of the whole record to justify its decisions to deny, approve, or conditionally approve a conditional use permit to sell alcoholic beverages.
(Prior code § 9999.0003(A), (B); Ord. 701 § 4, 1985; Ord. 818 § 2, 1991)
§ 18.80.050 Regulation of amusement devices or arcades on premises.
Amusement devices or arcades located within commercial establishments engaged in the on-site sale or off-site sale of alcoholic beverages shall be regulated by Chapter 18.84 of this code.
(Prior code § 9999.0003(C); Ord. 701 § 4, 1985)
§ 18.80.060 Nonconforming uses.
A.
Any commercial establishment that was engaged in the sale of alcoholic beverages where the business was in existence and lawfully operating before December 30, 1984, is a legal nonconforming use. The planning commission may at any time require that a particular legal nonconforming business engaged in the sale of alcoholic beverages obtain a conditional use permit if it determines that such business is being operated in such a manner that it creates a nuisance to surrounding uses.
B.
Possession of and compliance with a conditional use permit for the operation of a business engaged in the on-site and/or off-site sale of alcoholic beverages issued by the city before December 30, 1984, shall constitute compliance with this section.
(Prior code § 9999.0004; Ord. 701 § 4, 1985)