A.

The city council finds and determines that the off-sale of alcoholic beverages is a high risk business which requires utilization of large amounts of city-provided services, and the need for these services may be substantially reduced by the development of specific and comprehensive zoning requirements designed to regulate the location and operation of establishments engaged in the off-sale of alcoholic beverages.

B.

The intent of this chapter is to provide standards, procedures and guidelines for the regulation of the zoning aspects of establishments engaged in the off-sale of alcoholic beverages. Where a provision of any other ordinance of the city is inconsistent with any of the provisions hereof, this chapter shall control and supersede any other such inconsistent provisions.

C.

The purpose of this chapter is to promote the public peace, health, welfare, safety and morals of the citizens of this community through the valid exercise of the city s police powers by establishing comprehensive site, location, development and other design standards in order to ensure the compatibility of establishments engaged in the off-sale of alcoholic beverages with neighboring commercial and residential land uses with respect to related access control, noise nuisances, litter and other potential negative impacts; developing a crime prevention plan for new or proposed establishments offering the off-sale of alcoholic beverages; providing for the implementation of programs promoting employee and customer safety, the minimization of other related effects of crime upon the community through encouragement of adequate lighting and other security measures, and programs as endorsed by the city's police department.

(Ord. 1190 § 1 (part), 1993)

A.

The provisions of this chapter shall apply to the new development of, or the conversion of an existing building or structure into, an establishment offering alcoholic beverages for sale for off-site consumption.

B.

Except for Section 18.110.050, the provisions of this chapter shall also apply to any existing establishment engaged in the off-sale of alcoholic beverages that changes or proposes to change the type of license within the off-sale license classification or that increases or proposes to increase the square footage of the premises used for the sale of alcoholic beverages.

C.

Notwithstanding the foregoing, the following establishments are exempt from the provisions of this chapter and the provisions shall not apply to any of the following:

1.

Establishments containing fifteen thousand square feet or more of gross floor area that do not sell alcoholic beverages as their principal business;

2.

Establishments that engaged in the off-sale of alcoholic beverages prior to the effective date of the ordinance codified in this chapter; provided that such establishments comply with the following conditions:

a.

The establishment retains the same type of retail liquor license within a license classification, and

b.

The licensed establishment is operated continuously without substantial change in mode or character of operation. For purposes of this subdivision a break in continuous operation without change in mode or character of operation does not include:

i.

A closure for not more than thirty days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the premises used for the sale of alcoholic beverages;

ii.

The closure for restoration of premises rendered totally or partially inaccessible by an act of God or other accident beyond the control of the establishment, if the restoration does not increase the square footage of the premises used for the sale of alcoholic beverages and the restoration complies with and is permitted by all other applicable provisions of this code including, without limitation Chapter 18.60 of this title; or

iii.

A brewpub or microbrewery which has located at its premises or on property contiguous thereto a bona fide public eating place or establishment provided that the brewpub or microbrewery may only sell beer produced and bottled, or produced and packaged, or produced elsewhere and bottled or packaged on the premises of the brewpub or microbrewery for on-site and off-site consumption.

(Ord. 1243 § 1, 1996; Ord. 1190 § 1 (part), 1993)

(Ord. No. 1601, § 3, 6-26-18)

For the purposes of this chapter, the following words and phrases shall have the meanings subscribed to them by this section:

A.

"Alcoholic beverage" is defined to mean and include alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

B.

"Sell," "sale" or "to sell" are defined to mean and include any transaction whereby, for any consideration, an alcoholic beverage is transferred from one person to another, and also includes the soliciting, delivering, or receiving of an order for any alcoholic beverage.

C.

"License" means a license to sell alcoholic beverages issued by the Department of Alcoholic Beverage Control.

D.

"Crime prevention plan" means a written plan developed by the applicant in conjunction with the police department approved by the police chief which outlines and implements a crime prevention program of safety enhancement measures to be incorporated into the development of, or conversion into, an establishment offering the off-sale of alcoholic beverages.

E.

"Off-sale" means the sale of any alcoholic beverage, as that term is defined herein, whether or not in its original, sealed container, for consumption off the premises.

F.

"Brewpub" means a small licensed brewery with a restaurant which produces or packages beer to be sold in draft form exclusively at its premises for on-site and off-site consumption to the public, who may also sell beer wholesale to any person holding a license authorizing the sale of beer.

G.

"Microbrewery" means a small licensed brewery operation that generally produces less than fifteen thousand barrels of beer annually for local and/or regional distribution provided that a restaurant is located at the premises or on property contiguous to the restaurant owned by the microbrewery, who may also sell beer wholesale to any person holding a license authorizing the sale of beer.

H.

Other words and phrases contained in this chapter with initial capitalization shall have the same meanings ascribed to them in any other pertinent sections in this Title 18.

(Ord. 1243 § 2, 1996: Ord. 1190 § 1 (part), 1993)

When a site conforms with the site location and development standards set forth in Sections 18.110.050 and 18.110.060, respectively, of this chapter and is located within a zoning district of this city which otherwise permits all uses proposed, an establishment may additionally be permitted to engage in the off-sale of alcoholic beverages only upon approval of a conditional development permit in accordance with the provisions of this chapter and Chapter 18.66.

(Ord. 1190 § 1 (part), 1993)

A.

A business or establishment may not engage in the off-sale of alcoholic beverages unless it is to be located in accordance with the following site location criteria:

1.

Separation Distance from Schools. No such business shall be located within one thousand feet from the boundary of an existing public or private elementary, middle junior high or high school, preschool or kindergarten, or any such proposed school site as designated by the applicable school district's board of education or other governing body.

2.

Separation from Churches and Public Parks. No such business shall be located within five hundred feet of any existing church or public park.

3.

Separation from Residential Areas. No such business shall be located within one hundred feet of any existing residential dwelling or property zoned for any residential use.

4.

Separation Distances between Similar Establishments. There is no minimum separation distance required between establishments offering alcoholic beverages for sale for off-site consumption approved under the provisions of this chapter.

B.

For purposes of this section, all distances shall be measured by airline from the closest edge of any school, day care, church, or residential structure to the closest edge of the premises or the closest edge of the parking lot or parking area of the establishment for off-sale of alcoholic beverages, whichever distance is shorter. Parking lot or parking area of an establishment for off-sale of alcoholic beverages refers to a lot or area maintained for the benefit of patrons of the establishment, or if multiple businesses are in the vicinity of the establishment, the parking area shall be determined by the area necessary to comply with the off-street parking requirements of this code or that which is reasonably necessary to accommodate the anticipated parking needs of the establishment.

(Ord. 1190 § 1 (part), 1993)

(Ord. No. 1601, § 3, 6-26-18)

Establishments engaged in the off-sale of alcoholic beverages permitted under the provisions of Section 18.110.040 shall conform with the following development standards in addition to any other requirements applicable within the zone within which the use is proposed to be located:

A.

Drive-Throughs Prohibited. No sale of alcoholic beverages shall be made from a drive-in lane or drive-through window.

B.

Frontage Requirements. A site for any such business shall have direct frontage along a major or secondary highway or city street or thoroughfare as designated on the city's master plan of streets and highways. If the site is a corner lot having frontage on two or more streets one of which is a major or secondary highway the adjacent street may be a designated collector street on said master plan. The site shall not have direct frontage onto a local residential street.

C.

Visibility. The location of any such business shall be such that it is fully visible from a public street with an unobstructed view from the public street for purposes of public safety.

D.

Sign Requirements. The premises on which such business is located shall be posted to indicate that it is unlawful for any person to drink or consume alcoholic beverages in any public place or posted premises in accordance with Section 9.34.020.

E.

Employees. Employees on duty who sell alcoholic beverages, must be at least twenty-one years of age.

F.

Education of the Public. The management at each location engaged in the off-sale of alcoholic beverages pursuant to this chapter shall be responsible for educating the public regarding drunk driving laws and the related penalties for breaking those laws. This includes minimum age laws, open container laws and laws related to driving while under the influence of alcohol. This can be accomplished by posting prominent signs or decals, providing brochures at the point of purchase and providing adequate training for employees.

G.

Litter Control and Maintenance. The business licensee for the establishment shall be responsible to provide all of the following:

1.

A litter control program shall be established for the purpose of reducing litter both on the business site and minimizing the resulting impacts of litter on properties adjacent to the site.

2.

A building maintenance program shall be established for the purpose of maintaining the building structures and landscaping, if any, on site in good physical appearance.

(Ord. 1190 § 1 (part), 1993)

The following procedural steps shall be completed prior to the issuance of a grading or building permit for the development of, or conversion into, a proposed establishment intended for the off-sale of alcoholic beverages:

A.

At the time of submittal of the application for environmental review pursuant to Chapter 18.70, the applicant shall also submit a crime prevention plan, addressing the following issues:

1.

Measures to increase employee and customer safety;

2.

Enhanced security measures including security lighting, approval of an approved alarm system and any other crime prevention measures to be incorporated in the design and operation of the business. As part of the required security measures, video security cameras shall be installed within the building;

3.

Measures to control loitering;

4.

Any other crime related measures required by the police department which are intended to mitigate the costs of city-provided services for the proposed business of off-sale of alcoholic beverages. The appropriate crime prevention measures endorsed by the police department will be incorporated in the design and approval of the project and implemented as conditions of approval of the conditional development permit and precise plan of design.

B.

Conditional Development Permit. Following completion of the environmental assessment review and the police chief's recommendation for approval of the crime prevention plan, the applicant shall submit a complete application package for a conditional development permit in compliance with the existing policies and requirements.

C.

Precise Plan of Design. Concurrent with the application for a conditional development permit, the applicant shall submit a complete application for a precise plan of design with the community development department, which will review the precise plan of design and forward recommendations to the planning commission for incorporation into the conditional development permit.

(Ord. 1234 (part), 1995: Ord. 1190 § 1 (part), 1993)

(Ord. No. 1645, § 3, 7-14-20)

Procedures for notices of hearings, the conduct of said hearings and any appeals of the decisions of the governing body delegated the power to issue, deny, revoke, modify, or suspend a conditional development permit shall be the same as those set forth in Chapter 18.66 of this title.

(Ord. 1190 § 1 (part), 1993)

A.

Purpose. The purpose of this chapter is to provide appropriate feedback to the State of California in connection with the issuance of licenses for the off-sale of alcoholic beverages by the California Department of Alcoholic Beverage Control in those areas that are deemed to be over-concentrated with off-sale outlets or those areas that are considered high crime, as specified in Business and Professions Code Section 23958 et seq., as the same may be amended from time to time.

B.

Definitions.

1.

"Determination" means a determination of public convenience or necessity by the City of Rialto to assist the State of California in the issuance of licenses for the off-sale of alcoholic beverages by the California Department of Alcoholic Beverage Control in those areas that are deemed to be over-concentrated with off-premises sale outlets or those areas that are considered high crime, as specified in Business and Professions Code 23958 et seq., as the same may be amended from time to time.

2.

"Director," for the purposes of and as used in this chapter, means the director of development services.

C.

Request for Determination.

1.

Whenever a request for a determination in connection with the issuance of a license for the off-sale of alcoholic beverages by the California Department of Alcoholic Beverage Control is submitted to the city as allowed under California Business and Professions Code Section 23958.4, as the same may be amended from time to time, the determination request shall be processed utilizing the process provisions of a conditional development permit contained in Chapter 18.66 of this code.

2.

Subject to the provisions of this section, the planning commission shall hold a public hearing, review an application for a determination, and may issue a determination of public convenience or necessity in connection with an application for a license from the California Department of Alcoholic Beverage Control for the off-sale of alcoholic beverages only after making all of the findings required in subsection D below.

3.

The planning commission's decision on the determination shall be appealable to the city council, pursuant to the procedures set forth in Chapter 18.68 of the Rialto Municipal Code.

D.

Required Findings. The following findings must be made prior to any determination under this section:

1.

The proposed use is not located within an area designated by the city for targeted neighborhood enhancement services or programs, or located within an area in which the chief of police has determined, based upon quantifiable information, that the proposed use: (a) would be detrimental to the public health, safety, or welfare of persons located in the area; or (b) would significantly increase the severity of existing law enforcement or public nuisance problems in the area;

2.

The proposed use would not lead to the grouping of more than four off-sale of alcoholic beverage uses within a one thousand-foot radius from the exterior of the building containing the proposed use;

3.

The proposed use complies with the site location criteria under Section 18.110.050; and

4.

At least one of the following additional findings:

a.

The census tract in which the proposed outlet for the off-sale of alcoholic beverages is located is unusually configured and the proposed outlet would act as a convenience to an underserved portion of the community without presenting a significant adverse impact on public health or safety;

b.

The proposed outlet for the off-sale of alcoholic beverages would enhance or facilitate the vitality of an existing commercial area without presenting a significant adverse impact on public health or safety; or

c.

The census tract in which the proposed outlet is located has a low population density in relation to other census tracts in the city, and the proposed outlet would not contribute to an over-concentration in the absolute numbers of outlets for the off-premises sale of alcoholic beverages in the area.

E.

Nothing contained in this section shall be deemed or construed as requiring the planning commission or city council to issue a determination under the provisions of this section. Under no circumstances shall a requestor for a determination under this section have a right to such determination, and nothing contained in this section shall be deemed or construed to confer upon any requestor a right to have a determination made for any particular site.

(Ord. No. 1601, § 3, 6-26-18)