Santa Paula City Zoning Code
CHAPTER 16
58: ALCOHOLIC BEVERAGE SALES
§ 16.58.010 DEVELOPMENT STANDARDS AND USE CONDITIONS.
Any use providing alcohol beverage sales for either on-site or off-site consumption is subject to the following standards and conditions on use:
(A) All new sales of alcohol, with the exception of temporary sales as specified in § 16.58.030 of this chapter, must obtain a Conditional Use Permit.
(B) A new alcohol sales use may only be established in a location such that the proposed use will not contribute to undue concentration of such uses in an area where additional such uses would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems and capacity.
(C) Except for temporary sales of alcohol citywide and except for alcohol sales for on-site consumption within the Central Business District, sale of alcoholic beverages within 300 feet of a public or private school is prohibited on weekdays between the hours or 7:00 a.m. and 6:00 p.m.
(D) The proposed use must not adversely affect adjacent or nearby properties.
(E) Adequate litter receptacles must be provided.
(F) Where the proposed use is near residential uses, it must be limited in hours of operation, or designed and operated, so as to avoid disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
(G) No signs advertising any kind of alcoholic product which will be easily visible from the exterior of the business will be permitted. This prohibition does not apply to business signage representing a registered company name.
(H) Windows must be kept free of signs and other obstructions to allow visual inspection from the outside.
(I) The property owner/operator/applicant and the city must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.
(J) No provision in this section is intended to conflict with the authority of the State of California Bureau of Alcoholic Beverage Control (ABC) to issue alcohol sales licenses. Before commencing the proposed use, applicants seeking a Conditional Use Permit for new alcohol sales are required to obtain the appropriate license from ABC in accordance with state law.
(Ord. 1100, passed 7-6-04; Am. Ord. 1194, passed 7-7-08; Am. Ord. 1316, passed 5-18-22; Am. Ord. 1320, passed 1-18-23)
§ 16.58.020 EXISTING BUSINESSES.
(A) Any establishment that has continuously held an active alcohol sales license from the State of California Bureau of Alcoholic Beverage Control (ABC) to sell alcoholic beverages as of a date before July 6, 2004 (the date when the city's requirement for a Conditional Use Permit went into effect), is exempt from the provisions of this chapter; provided, however, that no expansion of the use will be permitted without the facility complying with the provisions of this chapter, including the securing of a Conditional Use Permit. Expansion includes any increase in square footage of a business, or request for increase in license privileges on or after July 6, 2004.
(B) Notwithstanding the exemption from this chapter under division (A), all sales of alcohol legally established prior to July 6, 2004 (the date when the city's requirement for a Conditional Use Permit went into effect) will expire in the event that the licensee or owner closes the establishment for more than 30 days, except in the case of a remodeling, fire, natural disaster, or other physical calamity beyond the control of the owner. In such cases, the use will expire within one year.
(Ord. 1100, passed 7-6-04; Am. Ord. 1316, passed 5-18-22)
§ 16.58.030 TEMPORARY SALES OF ALCOHOLIC BEVERAGES.
(A) Notwithstanding the provisions of Chapter 16.15 (Commercial Zones), sales of alcoholic beverages may take place for a maximum of one day without the necessity of obtaining a conditional use permit. Such one-day events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades which have been approved by the City Council. However, this prohibition does not preclude the sale of alcohol at these community events if approved by the City Council.
(B) Temporary sales lasting not more than three days, or any portion thereof over one, must be approved in advance by the City Council. The Council may establish conditions regarding such sales to assure compliance with city codes and the health, safety and welfare of the public. The City Council may deny such requests if it finds that the prior history of the organization or individual requesting the sale warrants such a denial or if the potential impacts of traffic congestion, loitering, crime, public drunkenness or other problems appear to be of a magnitude that cannot be overcome through the imposition of conditions. Such events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades that have been approved by the City Council. However, this prohibition will not preclude the sale of alcohol at the site of these community events if approved by the City Council.
(Ord. 1100, passed 7-6-04; Am. Ord. 1316, passed 5-18-22)