These provisions shall be known as the Alcohol Nuisance Abatement "Deemed Approved" Ordinance.

(ORD-13-0012 § 1, 2013)

"Liquor store" means any business selling general alcoholic beverages, also known as sale of distilled spirits or hard liquor, for off-premises consumption under a "Type 21 License" of the California Department of Alcoholic Beverage Control. Liquor store does not include a business selling only beer and/or wine for off-premises consumption.

"Performance Standards" means the regulations prescribed below for liquor store activities with deemed approved status. An establishment must comply with the performance standards in order to retain its deemed approved status. Such compliance shall be determined by the City of Long Beach, and includes the following:

A.

The use does not result in any adverse effects, jeopardize, or endanger the health, peace, or safety of persons residing, visiting, or working in the surrounding area;

B.

The use is operated and maintained in accordance with all applicable local, state, or federal codes, laws, rules, regulations and statutes including those of the ABC, the City's General Plan, and all zoning or nuisance regulations of the City;

C.

The use is operated and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to surrounding properties and occupants. This shall encompass the upkeep and maintenance of exterior facades of the building, landscaping, designated parking areas serving the use, fences, and the perimeter of the site, including all public sidewalks, alleys, and parkways;

D.

The use does not result in repeated nuisance activities, as defined in Chapter 9.37 of this Code on or near the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

E.

The use provides exterior lighting and security measures to the satisfaction of the Chief of Police including:

1.

Exterior lighting consisting of high-pressure sodium or equivalent type, with a minimum illumination intensity of a 1.25 foot-candle. All exterior light fixtures shall be vandal resistant, installed on exterior walls, and should be the type with proper cut-offs to avoid glare and night sky glow. Exterior lighting shall clearly illuminate the building address, all parking, driving, and walking surfaces, and exterior doors during the hours of darkness. Activation of the required exterior lighting shall be either by a photocell device or a time clock. Any broken or burned out lights shall be required to be replaced within seventy-two (72) hours;

2.

Security cameras providing full camera coverage of all entries and exits into the building and full camera coverage of all public rights-of-way and private parking areas provided by the business. Cameras must record in color with output of at least four hundred eighty (480) lines resolution. Recordings shall be retained for no less than thirty (30) days on an IP-configurable Digital Video Recorder (DVR) or digital storage setup with a public IP address. The surveillance system username and password shall be provided to the Long Beach Police Department.

F.

No more than ten percent (10%) of the square footage of the windows and transparent doors of the premises shall be allowed to bear advertising, signs or any other obstructions including products, shelving, display items and/or coolers. All advertising, signage, product, shelving, display items and/or coolers shall be placed and maintained to ensure a clear and unobstructed view of the establishment's interior. Window signs displaying prices shall be prohibited. No advertising or signage shall be placed in the area above three (3) feet or below six (6) feet in height of all windows measured from grade.

G.

All existing publicly accessible exterior pay telephones shall be removed, including the housing of the pay telephone. No new publicly accessible exterior pay telephone may be located on any private property or any public right-of-way adjacent to a deemed approved liquor store activity.

H.

Any graffiti found on the walls, fences, pavement or buildings shall be removed within twenty-four (24) hours of its appearance on the property.

I.

The building address shall be displayed on all sides of the building facing a public right-of-way, including an alley, and clearly visible from each public right-of-way, including the alley.

J.

A copy of these performance standards, additional City or ABC imposed operating conditions, and a twenty-four (24) hour complaint telephone number shall be posted in a conspicuous and unobstructed place visible from the entrance of the establishment in public view.

"Deemed Approved Liquor Store" means any commercial land use where the sale of beer, wine, or distilled spirits was a legal nonconforming use prior to the effective date of this Chapter.

"Nonconforming use" or "Nonconformity," for the purposes of this Chapter, means a building which was lawfully established but which, due to the application of this Title, no longer conforms to the regulations of the zone in which it is located. (See Section 21.15.1860.)

(ORD-13-0012 § 1, 2013)

The purpose of this ordinance is to protect and promote the public health, safety, comfort, convenience and general welfare of the community by imposing anti-nuisance related performance standards on legal nonconforming liquor store activities with the incorporation of performance standards, the sale of alcohol becomes a conforming activity; however, all other nonconformities remain subject to the provisions of Chapter 21.27.

(ORD-13-0012 § 1, 2013)

This Alcohol Nuisance Abatement Deemed Approved Ordinance shall apply to all legal nonconforming liquor stores in the City of Long Beach on the effective date of this Chapter. The following establishments with a Type 21 ABC license are exempt from the ANAO: those with a current CUP, establishments that are located more than five hundred feet (500') from zoning districts allowing residential uses, and grocery stores of twenty thousand (20,000) square feet or greater with accessory sales of alcohol.

(ORD-13-0012 § 1, 2013)

A.

All liquor stores that were legal nonconforming uses immediately prior to the effective date of this Chapter shall automatically be granted deemed approved status for the liquor store activity and shall no longer be considered legal nonconforming uses.

B.

Each deemed approved liquor store activity shall retain its deemed approved activity status as long as it complies with the performance standards as defined in Section 21.57.020 of this Chapter.

C.

Any expansion, alteration, or modification in character of the deemed approved liquor store shall conform to the City's Zoning Code including obtaining permits required under Chapter 21.25 of this Code.

(ORD-13-0012 § 1, 2013)

A liquor store activity shall retain its deemed approved status only if it conforms to all of the nuisance based performance standards defined in 21.57.020; such conformance shall be determined by the City of Long Beach.

(ORD-13-0012 § 1, 2013)

A.

Within ninety (90) days of the effectiveness of this Chapter, each deemed approved liquor store activity shall fully comply with the nuisance based performance standards set forth in Section 21.57.020.

B.

Upon receiving a complaint from the public, Police Department, Code Enforcement, or any interested person that a deemed approved liquor store activity is in violation of the standards set forth in Sections 21.57.020, the following procedure shall be followed:

1.

The City shall assess the nature of the complaint and its validity by conducting an investigation of the premises to assess the liquor store activity's compliance with the applicable standards. The City shall provide the business and/or property owner, as appropriate, with written notice of any complaint received or investigation commenced by the City relative to the liquor store activity's alleged failure to abide by the regulations set forth in this Chapter.

2.

Upon establishing the validity of a complaint, the City shall issue a notice of violation to the business and/or property owner of the subject deemed approved liquor store activity. The business and/or property owner shall correct the violation, or take reasonable action to begin correction, and shall diligently pursue completion of the correction within ten (10) days after receiving written notification of the violation. At the end of the correction period, the City shall determine if the violation has been corrected. If violations have not been corrected within the prescribed period, the City shall then refer the matter to the Site Plan Review Committee for further review and action.

3.

The Site Plan Review Committee shall conduct a hearing on the validity of the complaint. At the conclusion of the hearing, the Site Plan Review Committee shall have the authority to add or modify performance standards to insure that nuisance activity or conditions are eliminated. Actions taken by the Site Plan Review Committee are appealable by any aggrieved party to the Planning Commission. The decision of the Planning Commission on appeal shall be final.

(ORD-13-0012 § 1, 2013)

A.

If a deemed approved liquor store activity continues to violate the provisions of this Chapter after intervention by the Site Plan Review Committee, the City may refer the matter to the Planning Commission for a revocation hearing according to the procedures of Division VI, "Revocations", of Chapter 21.21 of this Code.

1.

Based on its findings and determination after hearing, the Planning Commission may:

a.

Continue the deemed approved activity status for the liquor store in question;

b.

Issue an administrative citation and impose administrative penalties for violation of applicable standards in accordance with Chapter 9.65 of this Code;

c.

Impose such reasonable conditions as are in the judgment of the Planning Commission necessary to ensure compliance with the applicable standards; or

d.

Revoke the liquor store's deemed approved activity status.

2.

If the Planning Commission determines to impose further new conditions on the deemed approved liquor store activity, such conditions shall be based upon the information then before the Planning Commission.

3.

If the Planning Commission finds that conditions and/or modifications of the liquor store will be ineffective in eliminating the adverse activities, the Planning Commission shall revoke the deemed approved activity status of the liquor store.

4.

Continuation of any use after abandonment or revocation pursuant to this Chapter shall constitute a violation of this Code and shall be penalized as provided for in Section 21.10.080.

5.

Any aggrieved party may appeal the determination of the Planning Commission to the City Council in accordance with the provisions set forth in Division V, "Appeals", of Title 21 of this Code. The decision of the City Council on appeal shall be final.

(ORD-13-0012 § 1, 2013)

A.

The administrative citation process described in this Chapter does not preclude the City from recovering any other code violation or nuisance abatement costs incurred by the City in performing its code enforcement efforts.

B.

The City may collect a fee to recover costs associated with the inspection and enforcement of this Chapter in accordance with the City Council adopted fee resolution.

(ORD-13-0012 § 1, 2013)