The purpose of adopting regulations for the sale of alcoholic beverages and tobacco is to ensure that such sales will not adversely affect surrounding residents, businesses, and institutions; and to ensure that any such use operates in a manner compatible with existing and future adjacent uses.

This chapter alone does not allow or permit alcoholic beverage and tobacco establishments, but only applies to such establishments where otherwise allowed or permitted within an involved applicable land use zoning district. This chapter does not authorize the operation of alcoholic beverage or tobacco establishments in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

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 with other substances, and sale of which require a license from the state ABC.

"Alcoholic beverage control (ABC)" means the California State Department of Alcoholic Beverage Control.

"Alcoholic beverage establishment" means any establishment involving the sale of alcohol.

"Alcohol production" means an establishment where beer, wine and other spirits are prepared bottled, stored and sold for on- or off-site consumption. Tasting rooms or seating areas may be provided on site. Alcohol production is permitted in the commercial zones (C, CPD, MU zones) if there is a minimum of 25% and maximum up to 40% square footage of total floor area dedicated to retail and a full menu available at all times that alcoholic beverages are offered. "Alcohol production" shall be permitted in the industrial zones.

"Bar" includes establishments used primarily for the sale or dispensing of alcoholic beverages for on-site consumption and that are not part of a restaurant.

"Bona fide restaurant" includes establishments primarily engaged in the preparation and retail of food and/or beverage for on-site consumption. A full menu shall be available at all times that alcoholic beverages are offered.

"Convenience market/neighborhood market" means a retail establishment up to 5,000 square feet utilized for the sale of prepackaged food products, household items, and soft drinks. Alcohol sales shall be limited to 5% maximum square footage of the sales floor area for sale and display of alcohol. The sale of spirits shall be subject to a conditional use permit and distance requirements. Convenience markets/neighborhood markets may be in conjunction with a fueling station.

"Enforcing officer" includes any city public safety officer, city community services officer, county sheriff's deputy, and any other public officer or employee designated by the city manager to issue administrative citations in accordance with Section 17.42.160.

"Entertainment" means any form of entertainment, whether live, televised audio or video taped, including, but not limited to, any type of performance for the purpose of amusing the audience, such as: dancing, singing, playing a musical instrument or acting.

"Existing deemed approved alcoholic beverage establishment" means any establishment lawfully engaged in the sale of alcoholic beverages for on- or off-sale consumption 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.

"Grocery store/Supermarket/Drugstore" means any retail establishment larger than 5,000 square feet primarily selling food product, household merchandise and pharmaceutical drugs. Alcohol sales shall be limited to 10% maximum square footage of the sales floor area for sale and display of alcohol. This is not in conjunction with a fueling station.

"Liquor store" includes any establishment which primarily sells beer, wine, and/or other spirits for off-site consumption. The display sales floor area of alcohol exceeds 5% square footage of the sales floor area.

"Mixed-use development" means a building or combination of buildings intentionally designed as a single development to accommodate a combination of residential and commercial uses.

"Mixed-use district" means any physical location designated by the city of Lancaster general plan or zoning map as a mixed-use district.

"Nightclub" means a place of entertainment, typically open at night, usually serving food and/or alcoholic beverages, which may have a floor show and/or offer live or recorded entertainment or music and/or space for dancing.

"Operator" means any person who has an ownership interest, in any manner, in an alcoholic beverage establishment, including, without limitation, a corporation and each of its officers, directors and stockholders; a partnership and each of its partners; a limited liability company and each of its managing members.

"Owner" means and includes any person with a recorded ownership interest in, or a right of possession, control or use of the premises on which an alcoholic beverage establishment is located, including all persons shown as owners on the last equalized assessment roll of the county assessor's office. Owners include property managers and persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers.

"Planning commission" means the planning commission of the city of Lancaster.

"Responsible person" means an operator of an alcoholic beverage establishment, an operator's on-site manager(s), an operator's employees and/or a property owner, as defined herein.

"Sales floor area" means the calculation of area for the sale and display of specified products, including but not limited to alcoholic beverages, fresh meat and fresh produce. The calculation of sales floor area percentage shall be based on the gross floor area of the premises, including any warehousing or storage areas and shall include actual product display areas and reasonable public access aisles within or adjacent to said display area.

"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.

An alcoholic beverage establishment increases floor area by more than 20%;

3.

The alcoholic beverage establishment proposes to reinstate alcohol sales after the retail liquor license has been revoked or suspended for a period greater than 90 days by the department of alcoholic beverage control; or

4.

The establishment is a bona fide restaurant that adds entertainment, except for non- amplified solo or similar entertainment on an occasional basis, which does not occupy more than 50 square feet or substantially change the character of the restaurant operation.

"Smoking lounge" means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. This use may involve the on-sale, or for on-premise consumption, or off-sale, or for off-premise consumption, of tobacco products. The sale or use of cannabis is prohibited subject to Chapter 17.43 Commercial Cannabis Activity.

"Tobacco Retail" also referred to as "smoke shop" means a business establishment primarily engaged or offers a substantial amount of product for the sale of tobacco, tobacco products, and tobacco paraphernalia, such as cigarettes, cigars, pipes, snuff, chewing tobacco, dipping tobacco, and vapes. This use may involve the off-sale, or for off-premise consumption, of tobacco products. The sale or use of cannabis is prohibited subject to Chapter 17.43 Commercial Cannabis Activity.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

Establishments that require a conditional use permit for alcohol and tobacco retail establishments that require a minor use permit or conditional use permit shall adhere to the distance requirements as specified below:

Alcoholic Beverage and Tobacco Establishments

B.

Measurement of Distance. The distance requirement shall be measured in a straight line from the closest property line to the closest property line.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

The approving authority shall approve an application only after the applicant substantiates required findings below. If the application requires a conditional use permit then it shall make the following findings as well as the findings required by Section 17.32.090.

A.

That the proposed use will be located within a zone which permits alcoholic beverages or tobacco products to be sold, served, or given away for on-sale or off-sale consumption, as the case may be, upon obtaining a conditional use permit;

B.

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 or tobacco products establishment to residential districts, schools (public or private), day care centers, public parks, playgrounds and other recreational facilities, churches or other places of religious worship, hospitals, clinics or other health care facilities; and

C.

That the proposed use serves the public convenience and necessity.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

Applicability. A minor use permit shall be filed subject to the uses and requirements table in Section 17.42.030.

B.

Project Notice. A notice for a minor use permit shall be mailed 10 calendar days before the scheduled action to the following, unless stated otherwise in this code.

1.

Owner(s) and applicant;

2.

All owners of property located within a five-hundred-foot radius of the exterior boundaries of the subject site, as shown on the county's last equalized assessment roll. If the project site is located within a multiple tenant commercial or industrial center, all tenants or property owners, if different, within the center shall be mailed the notice;

3.

Persons Requesting Notice. A person who has filed a written request for notice with the director of development services within one year prior to the action.

4.

The development services director may require additional notification requirements such as site posting and increased notification radius based upon the possible impacts of the project.

C.

Reviewing Authority. The development services director is the decision maker that approves or denies an application. The community development director may refer an application to planning commission and/or city council for a decision on the application.

D.

Conditions of Approval. In approving a minor use permit, the approving authority may impose such conditions as deemed necessary to ensure that the minor use permit will accordance with the findings.

E.

A CUP may be required for tobacco retail establishments in place of an MUP, if the Director determines that one or more of the following circumstances exist on the subject property:

1.

Oversaturation of similar uses,

2.

Significant crime and/or safety concerns, and

3.

Unpermitted conditions, overdue fees to the COL or other agencies, and/or criminal history of those related to the project.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

Establishments engaged in the retail sale of alcoholic beverages for on-premises consumption shall be operated in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on-sale beverage establishments shall be subject to the following conditions of approval:

A.

The exterior of the premises shall be kept free of litter.

B.

Graffiti shall be removed from the site within 72 hours.

C.

Alcoholic beverages shall not be permitted to be consumed in the parking area or other exterior areas of the premises, except for designated outdoor areas approved as part of the application.

D.

Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.

E.

Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and security personnel and providing security devices, such as surveillance or burglar alarm systems.

F.

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.

G.

All employees who serve or sell alcoholic beverages shall successfully complete a responsible beverage service training program that meets the requirements of the state ABC within 90 days of hire. Records of such training shall be maintained on the premises and made available to city or county sheriff's personnel upon request.

H.

Noise levels at the property line of any sensitive use as listed in Section 17.24.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.

I.

The management of any establishment selling alcohol shall take necessary steps to assure the orderly conduct of employees, patrons and visitors on the premises, and to assure timely response to concerns of neighbors and local officials about problems related to alcohol sales and service at the establishment.

J.

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

K.

The establishment shall conspicuously post an interior sign stating:

"We ID everyone under 30 years of age for alcohol sales."

The language of such sign shall be English, as well as the predominant language of the establishment's clientele.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

Establishments engaged in the retail sale of alcoholic beverages for off-premises consumption shall operate in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for off-sale alcoholic beverage establishment shall be subjected to the following mandatory conditions of approval:

A.

The exterior of the premises shall be kept free of litter.

B.

Graffiti shall be removed from the site within 72 hours.

C.

The sale of alcoholic beverages for consumption on 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.

D.

Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.

E.

Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and security personnel and providing security devices, such as surveillance or burglar alarm systems.

F.

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 or operation.

G.

All employees who serve or sell alcoholic beverages shall successfully complete a responsible beverage service training program that meets the requirements of the California Department of Alcohol Beverage Control within 90 days of hire. Records of such training shall be maintained on the premises and made available to the city or the county sheriff's department personnel upon request.

H.

Noise levels at the property line of any sensitive use as listed in Section 17.42.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.

I.

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

J.

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.

K.

The planning commission may restrict alcoholic beverages sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.

L.

No beer or wine shall be displayed within 5 feet of the cash register or the front door unless it is in a permanently affixed cooler.

M.

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

N.

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

O.

No self-illuminated or "in-motion" advertising for beer or wine shall be located on buildings or windows, or be visible from outside the building.

P.

If the establishment also engages in the sale of motor vehicle fuel, no advertisement of alcoholic beverages shall be displayed at motor fuel islands.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

Establishments engaged in the retail sale of tobacco products for on- or off-premises consumption shall operate in a manner which does not interfere with the normal use of adjacent properties. In addition to those conditions which the planning commission, or the city council on appeal, may otherwise impose, all conditional use permits for on- or off-sale tobacco retail establishment shall be subjected to the following mandatory conditions of approval:

A.

The exterior of the premises shall be kept free of litter.

B.

Graffiti shall be removed from the site within 72 hours.

C.

For tobacco retail uses, the sale of tobacco products for consumption on premises shall be prohibited. The premises shall include the establishment proper and/or the appurtenant common area if located in a commercial center.

D.

Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas. Light sources shall be screened from the adjacent properties and from the sky.

E.

Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and security personnel and providing security devices, such as surveillance or burglar alarm systems.

F.

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 or operation.

G.

Noise levels at the property line of any sensitive use as listed in Section 17.42.040 adjoining the site of the tobacco retail establishment shall not exceed 65 dBA.

H.

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

I.

The operation of video or any other electronic games may be prohibited in conjunction with the sale of tobacco products, and will be considered on a case by case basis.

J.

The planning commission may restrict tobacco sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.

K.

No sale of tobacco products shall be made from a drive-through or walk-up window.

L.

No self-illuminated or "in-motion" advertising for tobacco products shall be located on buildings or windows, or be visible from outside the building.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

The requirements of this chapter shall not apply to areas of the city for which a specific plan has been adopted pursuant to Section 65450 of the Government Code of the state of California if the adopted specific plan contains regulations regarding alcoholic beverage or tobacco establishments.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

Any establishment lawfully existing prior to the effective date of this chapter and licensed by the state for the retail sale of alcoholic beverages or tobacco products for on-sale or off-sale consumption shall be considered to have a "deemed approved" status and shall only be required to obtain the necessary permits for a "substantial change in mode or character of operation" as described in Section 17.42.020, or for a revocation or expiration of "deemed approved" status as set forth in Section 17.42.130. The distance requirements set forth in Section 17.42.040 shall not apply to any existing deemed approved alcoholic beverage or tobacco establishment.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

The operator of an alcoholic beverage or tobacco establishment, whether operating with a "deemed approved" status or pursuant to a conditional use permit, minor use permit or director's review shall use and maintain the premises and conduct the business in a manner that comports with all applicable local, state and federal law, including but not limited to, the California Business and Professions Code, the Lancaster Property Maintenance ordinance (codified at Chapter 8.28), and the Lancaster Zoning ordinance (codified at Title 17).

Lawful property maintenance and business operations shall include, but are not limited to, the following:

1.

The premises shall be maintained without the presence of garbage, junk, trash, debris or other miscellaneous items in exterior areas except in approved trash collection containers/enclosures.

2.

The premises, including any surface of a structure, sidewalk, curb, ground surface, vehicle, tree, shrub, rock or other tangible item that is visible from publicly or privately owned real or personal property, shall be maintained free of graffiti. All graffiti shall be removed within 72 hours from the operator's first observation of graffiti or receipt of verbal or written notification of such graffiti by any enforcing officer as defined in this chapter.

3.

The premises shall be maintained with all signage required by applicable state and local law, including but not limited to signs prohibiting loitering, public drinking and/or the presence of open alcoholic beverage containers on the premises.

4.

The establishment shall be maintained in such a manner that signs, refrigerator cases, promotional displays, equipment and/or any other items do not obstruct the view of the interior of the establishment from the parking lot and public street or other right-of- way.

5.

The premises shall be maintained without the presence of exterior public telephones. Any existing public telephone shall be removed within 30 calendar days from the effective date of the ordinance from which this chapter is derived.

6.

The operator of the establishment shall maintain a current and valid city business license and shall conduct business in full accordance with any and all conditions imposed thereon.

7.

The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to an obviously intoxicated person or to a habitual or common drunkard.

8.

The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to any person under 21 years of age, or knowingly allow such person to consume alcoholic beverages on the premises.

9.

The operator shall not cause, allow or permit nuisance and other unlawful activities on the premises, including, but not limited to:

a.

Loitering;

b.

Drinking alcoholic beverages and/or possessing open alcoholic beverage containers in exterior portions of the premises, other than in a designated patio or other area approved by the department of alcoholic beverage control and/or the city in conjunction with an on-sale establishment;

c.

Littering;

d.

Creating excessive noise;

e.

Disturbing the peace;

f.

Engaging in illegal drug activity or prostitution;

g.

Trafficking in stolen goods;

h.

Harassing passersby or business patrons;

i.

Panhandling;

j.

Engaging in acts of vandalism;

k.

Otherwise engaging in conduct that is unlawful and/or constitutes a nuisance.

10.

The operator shall take all reasonable steps to ensure the conditions and activities on the property on which the alcoholic beverage or tobacco establishment is located do not constitute a public nuisance. For purposes of this chapter, "reasonable steps" includes, without limitation, the following:

a.

Requesting those persons engaging in conduct that constitutes a nuisance to cease that conduct, unless the operator has reasonable cause to believe such request may jeopardize his or her personal safety.

b.

Calling the city's law enforcement and/or public safety personnel if the operator's attempts to abate the nuisance conduct have been unavailing or if the operator has reasonable cause to believe such attempts may jeopardize his or her personal safety.

c.

Timely undertaking actions to address conditions that facilitate loitering and other nuisance activity on the premises, such as removing furniture from areas adjacent to the entry of the establishment, prohibiting persons from using any portion of the premises for the installation and/or operation of a temporary business or other use, and/or other preventive actions.

B.

The city council finds and declares that it is unlawful and a public nuisance for a person to use or maintain, or to permit the use or maintenance of, property on which an alcoholic beverage or tobacco establishment is located, or to conduct the business or permit the business to be conducted in a manner that is contrary to the requirements set forth in this Section 17.42.110, any city or state permits, licenses and/or approvals, and/or all other applicable sections of this Code, state or federal law or regulation, or that otherwise poses a threat to public health, safety and welfare.

C.

An operator shall be deemed responsible for the act or omission of any on-site manager and/or employee who uses or maintains, or permits the use or maintenance of, property on which an alcoholic beverage or tobacco establishment is located, or who conducts the business or permit the business to be conducted, in violation of this chapter.

D.

Upon the sale or transfer of ownership of an alcoholic beverage or tobacco establishment to a bona fide third party, previous findings of public nuisance uses, conditions and activities before such sale or transfer of ownership shall not be imputed to the new owner, unless the city determines that the sale or transfer of ownership is not to a bona fide third party.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

A conditional use permit, minor use permit, director's review for an alcoholic beverage or tobacco establishment shall lapse if the use is discontinued for 90 consecutive days, or if the establishment's alcoholic beverage control license has been revoked or transferred to another location.

B.

A conditional use permit, minor use permit, or director's review is subject to modification at any time if the appropriate approving authority makes a determination that changed circumstances or unanticipated effects concerning the operation of the business establishment necessitate that conditions be added, amended or deleted.

C.

A conditional use permit, minor use permit or director's review for an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of any condition imposed pursuant to the permit, or in violation of the performance standards set forth in Section 17.42.110, or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare. The appropriate approving authority shall set a public hearing to consider such revocation of said permit in accordance with the applicable provisions of this Code. A decision of approving authority pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.

1.

An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

The "deemed approved" status of an alcoholic beverage or tobacco establishment shall expire if the use is discontinued for 90 consecutive days.

B.

The "deemed approved" status of an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of the performance standards set forth in Section 17.42.110 or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare. The approving authority shall set a public hearing to consider such revocation of said deemed approved status in accordance with the applicable provisions of this Code. A decision of the approving authority decision pursuant to this section shall be appealable to the city council in accordance with Chapter 17.36.

1.

An administrative citation issued pursuant to Section 17.42.160 that has been deemed final and binding may be used as prima facie evidence of unlawful public nuisance activities and/or conditions in any subsequent revocation proceeding.

C.

An alcoholic beverage or tobacco establishment whose "deemed approved" status has expired or been revoked shall be prohibited from engaging in the sales of alcoholic beverages or tobacco products without first obtaining a permit. In the event the planning commission or city council makes the determination that a permit shall be granted, said alcoholic beverage or tobacco establishment shall be subject to the conditions of approval.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

Any event sponsor or applicant that anticipates a temporary event with alcohol sales shall obtain a temporary use permit. The application is to be filed with the planning department at least 60 days in advance of the event.

The event sponsor is the entity determined by the city to be liable for protecting public health and safety of event participants (those who attend the event), of event operators (those who create and execute the event), and of all others affected by the actions of event participants and event operators.

A.

The planning director shall review and approve requests for temporary alcohol sales through a director's review application.

B.

Conditions for a director's review for a temporary sales:

1.

The applicant shall obtain property owner's authorization.

2.

The applicant shall obtain a business license and any other permits applicable for the event.

3.

The applicant shall submit a site plan showing the event, location of parking area(s), lighting (if any), and areas that alcohol is to be sold.

4.

The applicant shall have control over points of access to the location where alcoholic beverages are dispensed and consumed.

5.

The applicant shall have control and containment of individuals who consume alcoholic beverages.

6.

The county sheriff's department shall review the application to determine the number of deputies required for security of the event based on the type and size of the event.

7.

All alcoholic beverage servers shall have in their possession proof of completing "responsible beverage service" training from the state ABC.

8.

A temporary alcoholic beverage control license is required for the duration of this event. A copy of the temporary license is to be submitted to the planning director prior to the start of the event.

9.

The applicant shall specify the hours of operation of the event and the hours of sale of alcoholic beverages.

10.

The applicant shall provide liability insurance in the amount determined by the city attorney based on the size and type of the event naming the city as additionally insured.

11.

The site shall be restored to the original condition. Site shall be free of debris, all trash receptacles removed, temporary fencing removed, and all disturbed asphalt shall be restored to the original condition. Disturbed landscape areas are also to be restored to the original condition. The applicant shall be financially responsible for any damage to the parking lot surface and landscape areas resulting from the event.

12.

The planning director may require a cash deposit to ensure compliance with the conditions of approval.

13.

The planning director may impose any additional conditions determined necessary to protect the public health, safety, and welfare.

C.

Approval of a special event permit pursuant to Chapter 9.40 shall be deemed as compliance with the requirements of this section.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.12.020A.

B.

In addition to or in lieu of prosecution in a criminal action, the city attorney may initiate civil proceedings for the abatement, removal and enjoinment of any public nuisance as set forth in this chapter, in any manner provided by law, and shall take such other steps, and shall apply to such other court or courts as may have jurisdiction to grant such relief as will abate or remove such alcoholic beverage or tobacco establishments, and restrain and enjoin any person from using property contrary to the provisions of this chapter.

C.

In addition to or in lieu of any administrative, civil or criminal remedies set forth in this chapter, the administrative citation provisions of Section 17.42.160 may be utilized to abate or cause the abatement of uses, conditions and/or activities that constitute a nuisance pursuant to Section 17.42.110.

D.

The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

Any enforcing officer may issue an administrative citation to a responsible person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has used or maintained, or permitted the use or maintenance or property on which an alcoholic beverage or tobacco establishment is located, and/or who has operation or permitted the operation of the business, in a manner that constitutes a public nuisance pursuant to Section 17.42.110. An officer shall not issue an administrative citation to a responsible person when the officer has determined, based on the totality of the circumstances, that said person has taken all reasonable steps to attempt to prevent the nuisance.

1.

A responsible person who is present at the property at the time an officer determines the existence of a public nuisance shall be deemed to have actual or constructive knowledge of such nuisance.

2.

An owner of the property on which the alcoholic beverage or tobacco establishment is located, who is not also an operator of the business, may be deemed by an enforcing officer to have actual or constructive knowledge of the nuisance use, condition or activity:

a.

If such person has previously been given verbal warning and/or an administrative citation or other written notice concerning the violations; or

b.

Based on the totality of the circumstances as determined by the enforcing officer.

B.

Within 5 days after issuance of a citation, an officer shall submit a copy of the citation and a written statement of facts to the city manager. Alternatively, the officer may elect to submit the written statement of facts to the city manager, who may then issue the citation.

C.

An administrative citation may be personally given to the responsible person, or the responsible person may be served by first class mail to an address which is either:

a.

Indicated on any form of identification presented to the officer, or

b.

Discovered by the officer during the course of his or her standard law enforcement investigatory actions.

The date a citation is placed in a U.S. Postal Service mail receptacle shall be the date of service. A declaration of service shall be made by the person mailing the administrative citation showing the date and manner of service by mail and reciting the name and address of the citation addressee. Failure of any responsible person to receive an administrative citation by mail shall not invalidate any citation issued pursuant to this chapter.

D.

The citation shall be in a city-approved format, and shall include the following information:

1.

The date, location and approximate time of the condition and/or activity that constituted a public nuisance pursuant to Section 17.42.110;

2.

A brief description of the condition and/or activity that constituted a public nuisance;

3.

A statement describing the right to appeal the citation;

4.

A statement advising that the fine shall be paid to the city within 30 days from the date of the administrative citation, procedure for payment, and the consequences of failure to pay.

E.

The penalty amounts of administrative citations issued pursuant to this chapter shall be as follows:

1.

For the first administrative citation, the penalty shall be $500.00;

2.

For the second and any subsequent administrative citation, the penalty shall be $1,000.00.

F.

The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city, which may be collected in accordance with Chapter 1.16 or in any other manner allowable by law.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

Request for initial review of administrative citation.

1.

A person who has been issued an administrative citation pursuant to this chapter may request an initial review of the citation by the city. The request shall be made in writing and shall state the reason(s) that the citation should be dismissed. The requestor shall include a copy of all pertinent evidence. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to contest the administrative citation; in this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance.

2.

Upon timely receipt of a written request for an initial review of the administrative citation, the public services director, development services director, or person designated by either director to act as reviewing officer, shall conduct an initial review of the administrative citation, the written incident report or statement of facts, and the request for review and all evidence submitted with the request. The reviewing officer shall assess whether the evidence shows that the violation occurred and if any extenuating circumstances exist that warrant dismissal, and shall make a decision to preliminarily uphold or dismiss the citation. The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.

B.

Initial review of ability to pay.

1.

A cited person, regardless of whether he/she wishes to challenge the citation who believes he/she is unable to pay, may request an initial review of the person's ability to pay. In addition to the written request for review based on ability to pay, a statement of financial worth shall be submitted. The request must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance. No fee shall be required for filing the request for an initial review. Failure of the city clerk to receive a timely request for an initial review constitutes a waiver of the right to challenge the ability to pay. In this event, the citation is final and binding, and payment shall be due within 30 calendar days from the date of the citation's issuance; provided, however, that if the cited person timely filed a request for review of the administrative citation, the payment of the citation will be due in accordance with the outcome of that initial review and any subsequent proceedings.

2.

The statement of financial worth form shall include information relating to the cited person's employer, real and tangible personal property, monthly income including federal and/or state benefits, and all monthly financial obligations. The cited person shall certify the content of the statement as to its truth and correctness under penalty of perjury. The cited person shall also sign a release form of that person's most recent federal income tax report.

3.

The reviewer, in conference with the director, shall make a determination of whether or not the cited person has the ability to pay the full deposit to appeal an administrative citation based on the information provided in the statement of financial worth, and shall notify the cited person in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review; provided, however, that the public safety director or development services director may extend the ninety-day deadline upon a finding of good cause.

4.

A person who requested an initial review solely on the basis of ability to pay, for whom the determination has been made that the person has the financial ability to pay the full amount of the citation in one payment, shall submit payment of the full amount of the citation within 30 calendar days from the date of the notice of determination of ability to pay.

5.

A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one payment, shall, no later than 14 calendar days from the date of the determination, coordinate with the department to establish a payment plan whereby the cited person shall make timely monthly payments until the citation has been paid in full.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

A person whose initial review of an administrative citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city- approved form to the city clerk within 14 calendar days from the date of the issuance of the written statement of the results of the initial review. The basis for the appeal must be specified in detail on the appeal form. The appeal form must include a mailing address and, if available, an email address to which correspondence related to the request may be sent. Failure of the city clerk to receive a timely appeal constitutes a waiver of the right to contest a citation; in this event, the citation is final and binding.

B.

A deposit in the amount of the citation must be paid at the time the appeal is filed. A person for whom a determination has been made that the person is unable to pay the full amount of the citation in one payment as set forth in section 17.42.170 B.(5) of this chapter shall tender the first payment of the payment plan established pursuant to that subsection.

C.

As soon as practicable after a timely appeal is filed, the city manager or his/her designee shall fix a date, time and place for a hearing. The hearing shall be conducted by an independent and impartial hearing officer. Written notice of the time and place for the hearing shall be served by first class mail and/or email at least 10 calendar days prior to the date of the hearing.

D.

An appellant may request, in writing, that the director reschedule the hearing if the request is made at least 24 hours prior to the hearing. The director shall grant one continuance of the hearing date.

E.

Failure of an appellant to appear at the scheduled hearing shall constitute the appellant's waiver of the right to appeal and a forfeiture of the citation amount deposited at the time the appeal was filed.

F.

Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish, by a preponderance of evidence, that the appellant committed the offense that was the basis for the citation. The officer issuing the administrative citation and/or submitting the written incident report or statement of facts shall not be required to appear at the hearing. The hearing officer shall accept testimony by declaration under penalty of perjury relating to the commission of the offense, as set forth in the issuing officer's incident report or statement of facts, and shall consider any other relevant evidence concerning the commission of the offense that the public safety director or development services director or his/her designee may present at the hearing. The hearing officer shall also take the testimony of the appellant, and/or his or her witnesses, will consider any other credible relevant rebuttal evidence the appellant may wish to present. The appellant may represent himself or herself or be represented by anyone of his or her choice, including counsel, at his or her sole expense. The appellant may bring an interpreter to the hearing at his or her sole expense.

G.

The hearing officer shall make findings based on the record of the hearing, and shall prepare a written decision, based on those findings, to uphold or dismiss the citation. A hearing officer may uphold the citation but modify the penalty amount if extenuating circumstances warrant a modification in the interest of justice. A copy of the written decision shall be served on the appellant by first class mail within 14 days after the hearing. If the citation is dismissed, the city shall refund the amount of the citation deposit to the appellant within 30 days from the date of the decision.

H.

The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

A.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service. The amount of the citation shall be reduced for each hour of community service at a rate in accordance with the state's minimum wage in effect at the time the community service is performed.

B.

In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in any manner authorized by law.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.

(Ord. No. 1130, § 4(Exh. A), 5-27-2025)