Orange City Zoning Code
CHAPTER 17
30 ALCOHOLIC BEVERAGE CONTROLS
§ 17.30.010 Purpose and Intent.
The purpose of adopting regulations for the sale of alcoholic beverages 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.
(Ord. 13-18, 2018)
§ 17.30.020 Locations Permitted.
§ 17.30.030 Conditional Use Permit Required.
A.
In order to fulfill the purposes of this chapter, the retail sale of alcoholic beverages is subject to approval of a conditional use permit. The Planning Commission has the authority to issue conditional use permits for the following, except when the application is combined with other submittals that require City Council review, the decision of the Planning Commission is appealed, or as otherwise noted below:
1.
Any original off-sale alcoholic beverage license when not in conjunction with the sale of motor fuel in the CP (Commercial Professional), C1 (Limited Commercial), C-TR (Limited Business, Tustin Redevelopment), C2 (General Business), C3 (Commercial), and CR (Commercial Recreation) zones.
2.
Any original off-sale beer, or beer and wine license, in conjunction with the sale of motor fuel in the CP, C1, C-TR, C2, C3, CR and UMU zones, subject to the conditions specified in Section 17.30.060.
3.
Any original on-sale restaurant license in the CP, C1, C-TR, C2, C3, CR, M1 and M2 zones.
4.
Any original license for the on-site brewing and sale of beer within a restaurant in the CP, C1, C-TR, C2, C3, CR, M1 and M2 zones.
5.
Any original on-sale license not associated with a restaurant in the C-TR, C2, C3, and CR zones.
6.
Any original off-sale alcoholic beverage license in the M1 and M2 zones shall be subject to the following conditions and limitations. When in conjunction with the sale of motor fuels, the conditions specified in Section 17.30.060 shall also apply:
a.
The sale of alcoholic beverages shall not be promoted by means of exterior display of signs, posters, pictures, or product, or by visibility from outside the building of any such display.
b.
The City shall review an approved conditional use permit after six months of operation to determine if the retail sales of alcoholic beverages at, or on, the premises are, and continue to be, an insignificant portion of total retail sales, and to determine if such use should continue.
c.
At any time the license is sold or possession is transferred to a person, firm, or entity other than the applicant to which the conditional use permit was issued, the City shall review the operations of the new owner or operator to insure the original conditions of approval are complied with.
d.
The applicant shall execute an agreement with the City to give written notice to the City at any time the license is sold or otherwise transferred to another person, firm, or entity other than the applicant. Moreover, the applicant shall further agree that the City may record such agreement with the Orange County Recorder.
e.
Final review and determination by the Planning Commission.
7.
The Alcohol Management Plan (AMP) is a requirement. The AMP will be managed by the owner/management of each establishment and current annual certification will be furnished upon demand of any law enforcement officer or designee. This training will meet the requirements established by Alcohol Beverage Control as defined in Orange Municipal Code Section 5.49.010(E).
(Ord. 13-18, 2018; Ord. 07-20, 2020)
§ 17.30.040 Findings.
In making the findings for a conditional use permit for the on-sale and off-sale of alcoholic beverages, the City Council or Planning Commission shall consider whether the proposed use will adversely affect the welfare of the surrounding community or will result in an undue concentration of premises for the sale of alcoholic beverages, including beer and wine, in the City or the area involved. The City Council or Planning Commission shall also consider whether the proposed use will detrimentally affect nearby residentially zoned districts, after giving consideration to the proposed hours of operation and the proximity to the following:
A.
Residential buildings.
B.
Churches, schools, hospitals, public playgrounds, and other similar uses.
C.
Other establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.
(Ord. 13-18, 2018)
§ 17.30.050 Upgrading Licenses.
Any upgrading of existing licenses to a more restrictive license shall be regulated as follows:
A.
A change from an on-sale beer license for a restaurant to an on-sale beer and wine license for a restaurant shall not require the issuance of a conditional use permit.
B.
A change from an off-sale beer license to an off-sale beer and wine license shall not require the issuance of a conditional use permit.
C.
A change from an on-sale alcoholic beverage license for a restaurant to include the on-site brewing of beer shall not require the issuance of a conditional use permit.
D.
A change from either an on-sale or off-sale beer license or beer and wine license, to an on-sale or off-sale general license shall require the issuance of a new conditional use permit.
E.
A license associated with a nonconforming use may be transferred to a new owner, but it may not be upgraded.
(Ord. 13-18, 2018)
§ 17.30.060 Sale of Alcoholic Beverages in Conjunction with Motor Fuel.
Any original off-sale beer or beer and wine license in conjunction with the sale of motor fuel shall be subject to the issuance of a conditional use permit and subject to the following conditions:
A.
No beer or wine shall be displayed within five feet of the cash register or any public entrance.
B.
No sale of alcoholic beverages shall be made from a drive-up window.
C.
No display or sale of beer or wine shall be made from an ice tub.
D.
No beer or wine advertising shall be located on motor fuel islands and no advertising for beer or wine shall be visible from outside the building.
E.
Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine.
F.
All containers of alcoholic beverages that are displayed for sale shall be secured against public access between the hours of 2:00 a.m. and 6:00 a.m. or more restrictive hours as determined by the conditional use permit process. Secured refrigerator compartments must have interior compartment separators to prevent access from neighboring nonlocking doors or compartments.
(Ord. 13-18, 2018)
§ 17.30.070 Alcohol Distillation, Brewery or Winery.
Any original on-sale or off-sale alcohol license in conjunction with the on-site production in the Industrial Zone shall be approved by the Zoning Administrator subject to the following development standards:
A.
The Operational Standards as outlined in the Alcohol Production Facility Application.
B.
Building tenant space not larger than 10,000 gross square feet.
C.
A tasting room shall not exceed 25% of the total gross floor area, the area permitted for a tasting room may include an outdoor patio area.
D.
Additional standard conditions as approved by the Zoning Administrator in consultation with the Orange Police Department.
(Ord. 07-20, 2020)
§ 17.30.080 Limited Off-Sale Retail Wine License.
Limited Off-Sale Retail Wine Type 85 license holders are subject to approval by the Community Development Director or designee subject to the following development standards:
A.
In the Residential Districts, the permitted use shall comply with Section 17.13.040(KK) Home Occupations.
B.
Type 85 licensees may not maintain a brick and mortar store that is open to the public.
C.
All sales of wine must be conducted via direct mail, telephone or the internet.
D.
Type 85 licensees may not conduct sales directly to the consumer from a premises open to the public.
E.
Type 85 licensees may assist a non-profit organization holding a temporary wine license in conducting a winetasting, but this privilege shall only apply to wine produced for the licensee under a brand it owns exclusively and has donated or sold to the organization for the event.
F.
Type 85 licensees may give or sell wine to a non-profit organization.
G.
Type 85 licensees may not conduct an instructional tasting event for consumers pursuant to a Type 86 license.
(Ord. 07-20, 2020)
§ 17.30.090 Fee Required.
All applications for a new or renewed permit for the sale of alcoholic beverages shall be accompanied by a fee set by resolution of the City Council to cover the City costs in performing the background research for the permit. Such fee shall not exceed the estimated cost of performing the background research.
(Ord. 13-18, 2018; Ord. 07-20, 2020)