The purpose of this chapter is to properly regulate the operation of bars and ancillary alcohol-service land uses within the City to ensure that the establishment and continuing operation of the land use will not constitute a public nuisance.

The provisions of this chapter shall apply to the ownership, establishment, enlargement, construction, conversion, modification, operation, renewal, and/or transfer of ownership of all land uses that include on-site sales and/or service of alcoholic beverages and/or live entertainment. These land uses shall include "Bars," "Commercial Entertainment," and "Nightclub" land uses that are allowed by the applicable Zone. In addition to the standards of this chapter, all provisions of Chapters 5.10 (Entertainment License), 5.12 (Dance and Dance Halls), and 10.46 (Alcoholic Beverages - Responsible Beverage Sales and Service) of this Code shall apply.

A.

Nonconforming Bars. Any legal nonconforming bar, alcohol-service, nightclub, or entertainment establishment may continue to operate under the provisions of this chapter.

B.

Terminology. The word "bar" as used in this chapter shall apply to the "Bar" land use, which includes bars, nightclubs, and cocktail lounges. See Chapter 20.600 (Definitions) for "Bar (land use)."

A.

License Required. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the California Department of Alcohol Beverage Control.

B.

Permit Required. All land uses, including on-site sales and/or service of alcoholic beverages and/or live entertainment shall require a DP or CUP, subject to the permit requirements of the applicable Zone, to establish or renew the land use.

1.

In any decision to issue a CUP, consideration shall be given to the location of the proposed facility. The general vicinity shall not have a concentration of uses within on- and/or off-premises Alcohol Beverage Control licenses or an unusually high crime rate such that the proposed use could result in further criminal activity, thus requiring additional police services if the CUP is granted.

2.

Dancing shall not be permitted without an approved Dance Permit.

3.

The provisions of this chapter shall be the minimum requirements for any alcohol-service or live entertainment CUP.

C.

Entertainment Limitation. The only type of live entertainment provided shall be the type specifically approved under the CUP.

1.

A new or modified CUP shall be required for modifications to, or change of, the live entertainment provided.

D.

Inspections. Compliance with fire and safety code requirements shall be maintained through authorized Uniform Fire Code inspections conducted by the Fire Department. The applicant/owner shall submit to random, unannounced fire inspections during normal business hours. Failure to submit or comply shall result in a presumptive determination that the use and/or place of business constitutes a nuisance violative of this Zoning Ordinance. All applicable nuisance fines and procedures established by this Zoning Ordinance shall apply.

E.

Abandonment. Any establishment, business, or facility that is either abandoned or discontinues the sale of alcoholic beverages for a period of sixty (60) consecutive days shall be deemed to have automatically terminated the associated CUP. The establishment shall obtain a new or modified CUP, as applicable, before re-engaging in the sale of alcoholic beverages or providing live entertainment.

The operation of any bar, alcohol sales or service, or live entertainment use shall be subject to all of the following conditions, in addition to any conditions of approval of the required CUP:

A.

Design Standards.

1.

No bar shall be established within five hundred (500) feet of any building operated as or used for a bar, nightclub, place of religious assembly, school, or youth-oriented institutional activity.

2.

No bar shall be established within five hundred (500) feet of any place of religious assembly, school, or youth-oriented institutional activity.

3.

Architecture of the building and required landscaping of the property shall be consistent with the character of, and not detract from, the surrounding neighborhood.

4.

Parking shall be provided in accordance with the provisions of Chapter 20.340 (Off-Street Parking and Loading), and shall include parking for bicycles, patrons, and employees.

5.

Consistent with the signage standards of Chapter 20.320 (Signs on Private Property), signs shall be posted informing the public against the prohibition of the use of drugs and smoking. The hours of operation shall be posted and plainly visible to customers within the establishment in at least two (2) locations.

B.

Operational Standards.

1.

All personnel, including management, are prohibited from consuming alcoholic beverages while on duty.

2.

All employees who serve alcohol or check identification must attend the Alcohol Beverage Control Licensed Education on Alcohol and Drugs (L.E.A.D.) training or Responsible Beverage Sales & Service (RBSS) Training every two (2) years, as required by Ordinance No. 2009-1318 or as required by the requirements then in effect. Confirmation of program participation must be kept on file at the establishment and made available upon request.

3.

All activities shall be conducted inside the building. Outdoor seating, whether alcohol consumption is permitted or not, shall require a separate CUP to properly consider safety, health, and use adjacency issues.

4.

No type of enclosed room for any purpose, intended for use by entertainers or customers, shall be constructed or maintained in conjunction with the use, except restroom facilities.

5.

The maximum occupancy, as established by the CUP and Building Code, shall not be exceeded at any time.

6.

All employees, patrons, and persons associated with the land use shall be clothed at all times in a manner that no specified anatomical areas are visible. See Chapter 20.600 (Definitions) for specified anatomical areas.

In addition to the standards of this chapter, non-restaurant, commercial entertainment use with ancillary alcohol service incorporated into the primary land use shall be subject to the following standards. These standards shall also apply to any restaurant use incorporating an entertainment or dancing area in the restaurant, regardless of the size of the area and/or use.

1.

The area where service of alcohol occurs shall be ancillary to the primary land use and shall not exceed twenty-five percent (25%) of the floor area available to patrons.

2.

The service of alcohol shall be limited to the normal business hours of the primary land use.

3.

The services of paid promoters shall not be engaged by any owner, employee, or person affiliated with the permitted land use at any time.

4.

The place of business, including any event, promotion, or activity, shall not charge or impose a fee or cover charge to enter the premises and/or offer advance ticket sales for any entertainment event(s).

In addition to the standards of this chapter, breweries, wineries, and tasting rooms shall be subject to the following standards:

A.

Limitations. This land use shall not be permitted with five hundred (500) feet of, or adjacent to, Residential (R) Zone property.

B.

On-Site Alcohol Sales. Service, tastings, and sales of alcohol shall be limited to product produced on-site, directly affiliated with the primary operational land use.

C.

Ancillary Sales. Ancillary retail sales directly associated with the manufacture, production, or brand of the primary brewery/tasting room shall be permitted.

D.

Accessory Entertainment Within Tasting Rooms. Accessory entertainment will be allowed, subject to the following provisions:

1.

Entertainment is subject to the provisions of Chapters 5.04 (Uniform Licensing Procedures) and 5.10 (Entertainment License).

2.

Live entertainment, limited to acoustical performances, is allowed by right. No amplified music is permitted with the exception of a microphone for vocal purposes as is typical with acoustic instrument music performances.

3.

All entertainment must be conducted inside the brewery/tasting room building (no outside entertainment is allowed).

4.

The use of a promoter or charging a cover charge for the entertainment is prohibited.

5.

Live entertainment is limited to Thursday, Friday, Saturday up to 10:00 PM.

6.

This provision also applies to wineries and distilleries with tasting rooms.

7.

If land use permissions require a Director's Permit or Conditional Use Permit for a Microbrewery/Tasting Room; Microbrewery/Tasting Room with Restaurant; or Winery/Tasting Room, entertainment requests will be regulated through the Director's Permit/Conditional Use Permit.

8.

Applicants must comply with all provisions of the business' ABC license.

(Ord. No. 2019-1481, § 3(Exh. A), 1-14-2020)

The violation of this chapter shall constitute a nuisance. The City may, in addition to any other remedy available by law, commence nuisance abatement or other proceedings to enforce the provisions of this chapter in any manner provided by law, including Chapter 1.12 of this Code, for any violation of this chapter or in response to a complaint of nuisance filed with the City in conjunction with a bar or ancillary alcohol-service use.