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.

The city council finds and determines that establishments engaged in the on-sale and off-sale of alcoholic beverages present problems that are encountered by residents of Montebello, including, but not limited to, 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 connected primarily with the operation of establishments engaged in the sale of alcoholic beverages for consumption on and off the premises.

This chapter is intended to deal with and prevent these alcohol-related problems and conditions by: (a) imposing restrictions on the location of such establishments in relation to one another and in relation to facilities primarily devoted to use by children and families and the general public; and (b) requiring that each establishment obtain a conditional use permit in connection with its business operations or its events and activities which involve the sale of alcoholic beverages, and imposing conditions therein on a case by case basis, thereby limiting the number of such establishments in the city and preventing undesirable community impact of such uses by the imposition of reasonable conditions upon the operation of all such uses, both existing and in the future.

(Ord. 2228 (part), 2001)

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 State Department of Alcoholic Beverage Control (ABC).

"Alcoholic Beverage Control (ABC)" means the California State 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:

A.

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

B.

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

C.

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

D.

Any bar or cocktail lounge operated by the business enterprise is separated from the dining area by a wall or other partition.

Fast food restaurants are not considered bona fide restaurants.

"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 an audience, such as: dancing, singing, playing a musical instrument, acting, etc.

"Existing deemed approved alcoholic beverage establishment" means any establishment lawfully engaged in the sale of alcoholic beverages for on and 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.

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

"Fast food restaurant" means a restaurant that sells prepared food or beverages either indoors or outdoors in nondisposable containers, or whose business is primarily related to take out food.

"Grocery store" 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.

"Mini-mart" means any business establishment not connected with a petroleum products service station, and which is characterized by retail sales of pre-packaged food products household items, or food items such as fresh meat or produce.

"Off-sale alcoholic beverage establishment" means any business establishment which is making application for or which has obtained 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 a type 21 (off-sale general). Typical off-sale alcoholic beverage establishments include, but are not limited to, food markets, supermarkets, grocery stores, drug stores, liquor stores, and mini-marts.

"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 eating place), type 42 (on-sale beer and wine), type 47 (on-sale general eating place), type 48 (on-sale general bar), type 51 (club), type 52 (veterans club) and type 63 (hospital—beer and wine). Typical on-sale alcoholic beverage establishments include, but are not limited to, beer bars, restaurants, ballrooms, dance bars, piano bars, billiard and/or game parlors, night clubs or other private clubs, and veterans clubs.

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

A.

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

B.

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

C.

The on-sale alcoholic beverage establishment increases the floor area or number of seats principally devoted to alcohol sales;

D.

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; or

E.

The establishment is a bona fide restaurant with an alcohol license from the department of alcoholic beverage control that adds entertainment consisting of more than fifty square feet in size;

F.

The alcoholic beverage establishment is found to have violated any of the city's nuisance and public welfare laws as set forth in Chapter[s] 8.16, 9.04, 9.08 and 0.12 of this code.

"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 ten thousand square feet.

"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. 2256 § 1, 2002; Ord. 2228 (part), 2001; Ord. No. 2351, § 3, 6-12-2013)

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 from the city of Montebello. No existing deemed approved alcoholic beverage establishment shall substantially change its mode or character of operation as such term is defined in Section 17.61.020, without first obtaining a conditional use permit. No existing deemed approved alcoholic beverage establishment shall rebuild or replace a structure or portion of a structure when the total reconstruction cost exceeds thirty-seven percent of the fair market value of the structure in accordance with subsection 17.54.040(C), of this code without first obtaining a conditional use permit. A site that has not been operating for more than ninety days shall not be allowed to operate without first obtaining a conditional use permit.

Issuance of a conditional use permit shall be in accordance with the requirements set forth in Chapter 17.70 of this code and the requirements of this chapter. The planning commission shall approve, conditionally approve, or disapprove an application for conditional use permit for alcoholic beverage establishments. Following a public hearing at which all parties may present testimony, the planning commission shall state the findings of fact which serve as the basis of its decision, and record its decision in writing.

A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishment and be presented to any peace officer or any authorized city official upon request.

Any establishment, such as a supermarket, grocery store, a specialty food store, and a drug store, that have a floor area of more than ten thousand square feet, is exempt from the provisions of this section if the floor area dedicated to the sale of alcoholic beverages does not exceed twenty percent of the establishment's retail floor area.

(Ord. 2256 § 2, 2002: Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

A.

Any new proposed on-sale or off-sale alcoholic beverage establishment, or any existing deemed approved alcoholic establishment that undergoes a substantial change in mode or character of operation that is located within three hundred feet from another such establishment or any residential use, church or other place of worship, or clinic or other healthcare facility; or within one thousand feet from a school (public or private), public park, playground or other similar use shall be subject to the following increased public notification requirements in lieu of the public notification requirements in Chapter 17.78 of this code.

1.

Notice shall be mailed and posted at least twenty days prior to hearing;

2.

Notice shall be mailed to occupants of buildings within five hundred feet of the site boundaries;

3.

Notice shall be mailed to all property owners within three hundred feet of the site boundaries.

B.

The increased public notification requirements outlined in Section 17.61.040.(A) above shall not apply to any on-sale or off-sale alcoholic beverage establishments within a bona fide restaurant as such term is defined in Section 17.61.020.

(Ord. 2256 § 3, 2002: Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

Editor's note— Ord. No. 2351, § 3, adopted June 12, 2013, changed the title of § 17.61.040 from "Conditional use permit—Distance requirements" to "Conditional use permit—Public notification requirements."

In order to approve a conditional use permit for an alcoholic beverage establishment (whether for on-sale or off-sale consumption), the planning commission, or the city council on appeal, shall find that the proposed use is consistent with the purpose and intent of this chapter. In addition, the planning commission, or the city council on appeal, shall make the following findings in lieu of the findings required by Section 17.70.070:

That the proposed use:

A.

Would not adversely affect the general welfare of the surrounding property owners;

B.

Would not result in an undesirable concentration of premises for the sale of alcoholic beverages, including beer and wine, in the area;

C.

Would not detrimentally affect the nearby surrounding area after giving special consideration to the proximity and nature of the proposed use with respect to other on-sale or off-sale alcoholic beverage establishments, residential districts and uses, schools (public or private), day care centers, public parks, playgrounds and other recreational facilities, churches and other places of religious worship, hospitals, clinics or other health care facilities;

D.

Would not aggravate existing problems created by the sale of alcohol (e.g. littering, loitering, noise, public drunkenness, calls for service, and sales to minors);

E.

Is in conformance with the goals, policies, and objectives of the general plan and the purpose and intent of this code and any applicable specific plan; and

F.

Serves the public convenience or necessity, based upon the factors outlined in Section 17.61.060 herein. This finding shall apply only to conditional use permit applications for bars, off-sale alcoholic beverage establishments, and any other applications that the State Department of Alcoholic Beverage Control determines are located in an area of undue concentration as defined by state law (California Business and Professions Code Section 23958.4.)

In order for the planning commission or city council to establish the required findings listed above, the burden shall be on the applicant for the conditional use permit utilizing clear and concise evidence, that the proposed use will not adversely affect the welfare of nearby residents, or detrimentally affect nearby residentially zoned communities.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

In deciding whether to issue the conditional use permit, the planning commission, or the city council on appeal, shall consider whether the public convenience or necessity is being served and make the necessary findings, as required in Section 17.61.050. A determination of whether public convenience or necessity is being served shall be based upon review and consideration of relevant factors, which shall include, but not be limited to, the following:

A.

Whether the proposed use will result in a net employment gain in the city (especially of local residents);

B.

Whether the proposed use will result in a substantial increase in business taxes;

C.

Whether the proposed establishment is a unique business addition to the community;

D.

Whether the proposed use will contribute to the long-term economic development goals of the community;

E.

Whether the aesthetic character and ambiance of the proposed use will result in an overall positive upgrade in the area and community;

F.

The viability of the business to operate profitably without alcohol sales.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

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 beverages establishments shall be subject to the following mandatory conditions for approval:

A.

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, such as schools, churches, parks, etc.

B.

That the noise levels generated by the operation of such establishment shall not exceed sixty-five dBA between the hours of seven a.m. to ten p.m., and not exceed sixty dBA between the hours of ten p.m. to seven a.m., so as to mitigate the impact on adjoining properties zoned or used for residential purposes. The measurement of noise levels shall be taken at the location of the shared property line.

C.

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

D.

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, or to a bona fide restaurant with an approved conditional use permit and an approved license with the ABC for off-sale consumption.

E.

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

F.

All bona fide restaurants shall possess a supply of food and goods adequate to make substantial food sales and comply with Section 23038 of the Business and Professions Code. All food must be maintained in a sanitary condition and comply with all health department regulations. Failure to serve food (for any reason) shall result in the automatic suspension of all alcoholic beverage sales that are served for on-site consumption until food sales are resumed.

G.

The sorting of empty bottles and other recyclable products shall be limited to the hours between 8:00 a.m. to 9:00 p.m. daily.

H.

That no signs shall be installed on the site until a sign permit has been approved by the Planning and Building Departments in conformance with the provisions set forth in Chapter 17.62 of the Montebello Municipal Code.

I.

As stated in Section 9.04.010 of the Montebello Municipal Code, no person shall drink any intoxicating liquor in or upon any public street or public place within the city. Signs shall be posted on the premises both inside and outside, citing Section 9.04.010 of the Montebello Municipal Code.

J.

That premises shall be kept clean and the operator of the establishment shall insure that no trash or litter originating form the site is deposited onto neighboring properties or onto the public right-of-way.

K

Reserved.

L.

That the management of any establishment selling alcohol shall take the necessary steps to assure the orderly conduct of employees, patrons and visitors on the premises.

M.

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

N.

That no person shall sell alcoholic beverages for on-premises consumption if there has been any lapse or breach in the good standing of any one or more of the permits and/or licenses required for such sale.

O.

Reserved.

P.

In addition to the conditions enumerated above, any other condition may be imposed by city staff.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

Establishments engaged in the retail sale of alcoholic beverages for off-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 off-sale alcoholic beverage establishments shall be subject to the following mandatory conditions of approval:

A.

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:

1.

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.

2.

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.

3.

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

4.

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

5.

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 beer and wine.

6.

The permittee at all times shall comply with all terms and provisions of the license issued by the State Department of Alcoholic Beverage Control and/or the terms and provisions of the Alcoholic Beverage Control Act.

7.

No sale of single containers of beer and/or wine coolers shall be made.

8.

In addition to the conditions enumerated above, additional conditions may be imposed by city staff.

B.

That a masonry wall of six feet in height shall be constructed around the parking area of such establishments when said area is adjacent to properties zones or used for residential purposes, or any of the above referenced consideration points.

C.

That the noise levels generated by the operation of such establishment shall not exceed sixty-five dBA between the hours of seven a.m. to ten p.m., and not exceed sixty dBA between the hours of ten p.m. to seven a.m., so as to mitigate the impact on adjoining properties zoned or used for residential purposes. The measurement of noise levels shall be taken at the location of the shared property line.

D.

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

E.

The sorting of empty bottles and other recyclable products shall be limited to the hors between eight a.m. to nine p.m. daily.

F.

That 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.

G.

That special security measures such as security guards and burglar alarm systems as specified by the police department may be required.

H.

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

I.

That exterior storage of any kind shall be prohibited.

J.

That litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove trash and debris on a daily basis.

K.

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

L.

Reserved.

M.

Reserved.

N.

Reserved.

O.

That no signs shall be installed on the site until a sign permit has been approved by the building and safety division and the planning department in conformance with the provisions set forth in Chapter 17.62 of the Montebello Municipal Code.

The planning commission, and the city council on appeal, shall have the right to impose additional conditions for the protection of the public health, safety and welfare.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

A.

Approval. Prior to establishing any outdoor patio and/or patio seating area, the planning commission, or the city council on appeal, shall make the following findings in addition to those specified in Section 17.61.050 of this code:

1.

The proposed outdoor patio and/or patio seating area is accessory to the establishment;

2.

The establishment, maintenance or operation of the accessory outdoor patio and/or patio seating area will not be detrimental to the health, safety, peace, comfort and general welfare of persons in the neighborhood or injurious to property or improvements in the area;

3.

The proposed accessory outdoor patio and/or patio seating area will not eliminate any required on-site parking, interfere with public easements, and will comply with all applicable regulations of the Montebello Municipal Code.

B.

Conditions of approval. Unless conditioned otherwise by the approval authority, all outdoor dining and patio seating areas shall be subject to the following requirements:

1.

That the outdoor patio and/or patio seating area shall be subject to all the existing hours of operation, operational characteristics and conditions of approval for any valid entitlement applicable to the establishment, except as otherwise set forth herein;

2.

No amplified music or amplified entertainment is permitted outdoors, except wherein normal conversation is not impeded; no music (live or recorded) or entertainment (including televisions) shall be permitted on a patio after ten p.m. Sunday through Thursday, and after eleven p.m. Friday and Saturday;

3.

All doors and windows leading to the outdoor patio and/or patio seating areas shall remain closed (except for employee/patron ingress and egress) after ten p.m. Sunday through Thursday, and after eleven p.m. Friday and Saturday, while any approved indoor amplified music or live entertainment is occurring;

4.

Roof coverings for the outdoor patio and/or patio seating area shall not have the effect of creating a permanent enclosure. Fences, walls, and similar barriers around the outdoor patio area shall only serve to define the outdoor patio area. The maximum height shall be determined by the approval authority;

5.

All outdoor patios and/or patio seating areas in which alcoholic beverages are served shall be enclosed by a sufficient barrier with a minimum height of three feet, as required by the department of alcoholic beverage control. However, the city's applicable approval authority may require additional design features beyond the minimum requirements set by the department of alcoholic beverage control for any proposed barrier, including but not limited to: the type of materials, color, height, etc. Exiting from the outdoor patio and/or patio seating area only shall be permitted as required by the building code;

6.

Such additional conditions that the approval authority deems appropriate to mitigate potential adverse impacts the outdoor patio and/or patio seating area may cause to the adjacent property and surrounding community.

(Ord. No. 2351, § 3, 6-12-2013)

The mandatory conditions of approval stated in Sections 17.61.070 and 17.61.080, with respect to the requirements for masonry walls, landscaping and off-street parking standards shall be observed, except where the planning commission and/or the city council 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. 2256 § 4, 2002)

Any establishment lawfully existing prior to the effective date of this chapter and licensed by the state of California for the retail sale of alcoholic beverages for on sale and off-sale consumption shall be considered as a "deemed approved alcoholic beverage establishment" and shall be required to obtain a conditional use permit in the situations described in Section 1761.030 herein. The distance requirements set forth in Section 17.61.040 shall not apply to any existing "deemed approved alcoholic beverage establishment."

(Ord. 2256 § 5, 2002: Ord. 2228 (part), 2001)

Any on-sale or off-sale alcoholic beverage establishment with a conditional use permit or any existing establishments having a "deemed approved" status 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 and welfare. Any on-sale or off-sale alcoholic beverage establishment with a conditional use permit or deemed approved alcoholic beverage establishment status is subject to citation for public nuisance as defined in the Montebello Code and the California Penal Code. In addition, any conditional use permit shall be subject to amendment, modification or revocation, and in the case of existing establishments, loss of the "deemed approved" status, if the following is found to exist:

A.

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, harassment of passerby.

B.

Repeated nuisance activities within the premises or in close proximity of the premises such as public urination, assault and battery, excessive littering, loitering, graffiti.

C.

Nuisance activities within the premises or in close proximity of the premises consisting of illegal parking, excessive loud and raucous noise as defined in Chapter 9 of the Montebello Municipal Code, especially in the late night or early morning hours, traffic violations, curfew violation and lewd conduct.

D.

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

E.

Failure to comply with any condition imposed in the issuance of a conditional use permit.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

The city reserves the right to review the conditional use permit (CUP). After reviewing the existing manner and conditions of operation of the permitted business establishment, the city planner may add, amend or delete any conditions of approval based upon changed circumstances, which necessitate a modification to the conditions of approval. The city planner's determination shall be final and binding on the business operator unless appealed to the planning commission pursuant to the provisions of the Montebello municipal Code Section 17.78.060. The planning commission shall adopt findings in support of its actions.

(Ord. 2228 (part), 2001)

(Ord. No. 2351, § 3, 6-12-2013)

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. 2256 § 6, 2002)