The general purposes of the alcoholic beverage sales regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare by requiring that alcoholic beverage sales commercial activities achieve the following objectives:

   (A)   To protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of nonconforming and incompatible uses;

   (B)   To provide opportunities for alcoholic beverage sale activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

   (C)   To provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels;

   (D)   To provide that alcoholic beverage sale commercial activities are not the source of undue public nuisances in the community;

   (E)   To provide for properly maintained alcoholic beverage sale establishments so that negative impacts generated by these activities are not harmful to the surrounding environment in any way;

   (F)   To monitor that deemed approved activities do not substantially change in mode or character of operation.

(Ord. 2005-009, passed 6-13-05)

   Use permits shall be required for the sale of alcoholic beverages, including beer and wine, for on or off-site consumption. In determining whether to issue a use permit, the city shall apply appropriate conditions to the use permit that insure compliance with the intent of this chapter. Upon issuance of a use permit, an alcoholic beverage sale activity shall be considered deemed approved and subject to the conditions herein.

(Ord. 2005-009, passed 6-13-05)

(Ord. 2005-009, passed 6-13-05)

   As used in this chapter, the following terms shall have the meanings set forth.

      (2)   There shall be a real offer or holding out to sell meals. Premises shall make an offer or holding out of sales of meals to the public by maintaining and displaying a printed menu and/or a menu board. A two-thirds majority of the items offered on the menu shall be available at any given time the establishment is open. The mere offering of meals without actual sales shall not be deemed sufficient.

      (4)   “Meals” means the usual assortment of foods commonly ordered at various times of the day for the cuisine served. The service of snack foods and/or appetizers alone shall not be deemed compliance with this requirement. Meals shall be prepared on the premises. Heating of food prepared elsewhere shall not constitute a meal for the purposes of this policy.

      (5)   Premises shall be equipped for meal service and maintained in good faith. Premises must possess and maintain appliances for the cooking of a variety of foods such as stoves, ovens, broilers, or other devices, as well as pots, pans, or containers that can be used for cooking. Premises shall possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public.

      (7)   A FULL SERVICE RESTAURANT may have a separate lounge or bar area provided that the restaurant and bar/lounge area operate as a single entity. The physical layout, entry location(s), spatial connection between the areas, and operational characteristics, among other factors, shall be used to determine compliance. Any bar/lounge area cannot remain open when the dining area is closed. However, the dining area may be open while the bar/lounge area is closed.

(Ord. 2005-009, passed 6-13-05)

   An activity shall retain its deemed approved status only if it conforms with all of the following deemed approved performance standards:

   (A)   That it does not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area;

   (B)   That it does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;

   (C)   That it does not result in repeated 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 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;

   (D)   That it does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance or statute;

   (E)   That its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

(Ord. 2005-009, passed 6-13-05)

   All alcoholic beverage sales commercial activities that were legal activities immediately prior to the effective date of the alcoholic beverage sale regulations shall automatically become deemed approved activities as of the effective date of the regulations and shall no longer be considered legal nonconforming activities. Each such deemed approved activity shall retain its deemed approved status as long as it complies with the deemed approved performance standards.

(Ord. 2005-009, passed 6-13-05)

   The Community Development Director shall notify the owner of each deemed approved activity, and also the property owner if not the same, of the activity’s deemed approved status. Such notice shall be sent via certified return receipt mail and shall include a copy of the performance standards of this chapter with the requirement that these be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review, notification that the activity is required to comply with all these same performance standards and that a review fee is required, and the amount of such fee provided in the master fee schedule, and that the activity is required to comply with all other aspects of the deemed approved alcoholic beverage sale regulations. Should the notice be returned, the notice shall be sent via regular U.S. Mail.

(Ord. 2005-009, passed 6-13-05)

   (A)   Upon receiving a complaint from the public, Police Department, or any other interested party that a deemed approved activity is in violation of the performance, and once it is determined by the city that violations appear to be occurring, then the deemed approved status of the deemed approved activity in question shall be reviewed by the Planning Commission at a public hearing. Notification of the public hearing shall be in accordance with adopted city standards.

   (B)   The purpose of the public hearing is to receive testimony on whether the operating methods of the deemed approved activity are causing undue negative impacts in the surrounding area. At the public hearing, the Planning Commission shall determine whether the deemed approved activity conforms to the deemed approved performance standards and to any other applicable criteria, and may continue the deemed approved status for the activity in question or require such changes or impose such reasonable conditions of approval as are in the judgment of the Planning Commission necessary to ensure conformity to said criteria and such conditions shall be based on the evidence before the Planning Commission. The decision of the Planning Commission shall be based upon information compiled by staff and testimony from the business owner and all other interested parties. New conditions of approval shall be made a part of the deemed approved status and the deemed approved activity shall be required to comply with these conditions. The determination of the Planning Commission shall become final ten calendar days after the date of decision unless appealed to the City Council.

(Ord. 2005-009, passed 6-13-05)

   (A)   Within ten calendar days after the date of a decision by the Planning Commission to revoke a deemed approved status, an appeal from said decision may be taken to the City Council by any interested party. In the event the last date of appeal falls on a weekend or holiday when city offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Planning Commission and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Commission or wherein its decision is not supported by the evidence in the record. Upon receipt of the appeal and an appeal fee in accordance with this section, the Council shall set the date for consideration thereof. The City Clerk shall notify the Secretary of the City Planning Commission of the receipt of said appeal and of the date set for consideration thereof; and said Secretary shall, not less than ten days prior thereto, give written notice to: the owner of the deemed approved activity; the property owner; adverse party or parties, or to the attorney, spokesperson, or representative of such party or parties; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as the Secretary deems appropriate, of the time, date, and place of the hearing on the appeal. In considering the appeal, the Council shall determine whether the deemed approved activity conforms to the applicable deemed approved performance standards, and may approve or disapprove the revocation or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said standards.

   (B)   The decision of the City Council shall be made by resolution and shall be final. The City Council shall vote on the appeal within 30 days after its first hearing of the appeal. If the Council is unable to decide the appeal at that meeting, it shall appear for a vote on each regular meeting of the Council thereafter until decided.

(Ord. 2005-009, passed 6-13-05)

   The Community Development Director shall notify the owner of each deemed approved activity, and also the property owner if not the same, of the time and place of the public hearing. Such notice shall be sent via certified return receipt mail and shall include notification that the deemed approved status of the deemed approved activity will be considered before the Officer. The public hearing shall be noticed by posting notices within 300 feet of the subject property; notice shall also be given by mail or delivery to all persons shown on the last available equalized assessment roll as owning real property in the city within 300 feet of the subject property. All such notices shall be given not less than ten days prior to the date set for the hearing, if such is to be held. Fees for notification shall be in accordance with city regulations and paid for by the deemed approved activity in question.

(Ord. 2005-009, passed 6-13-05)

   Fees, and regulations pertaining to fees, including the review, notification, appeal, and reinspection of deemed approved activities, shall be in accordance with the city master fee schedule.

(Ord. 2005-009, passed 6-13-05)

   All officials, departments, and employees of the city vested with the authority to issue permits, certificates, or licenses shall adhere to, and require conformance with, the deemed approved alcoholic beverage sale regulations.

(Ord. 2005-009, passed 6-13-05)

(Ord. 2005-009, passed 6-13-05)

   The city shall designate the appropriate personnel to enforce the provisions of these regulations.

(Ord. 2005-009, passed 6-13-05)

   The officials responsible for enforcement of the Zoning Ordinance, or their duly authorized representatives, may enter on any site or into any structure for the purpose of investigation, provided they shall do so in a reasonable manner, whenever they have cause to suspect a violation of any provision of these regulations, or whenever necessary to the investigation of violations to the deemed approved performance standards or conditions of approval prescribed in these regulations. An owner or occupant or agent thereof who refuses to permit such entry and investigation shall be guilty of infringing upon the violations and penalties as outlined in § 153.372 and subject to related penalties thereof.

(Ord. 2005-009, passed 6-13-05)