A. The City Council finds and determines that establishments engaged in the sale of alcoholic beverages may present problems that are encountered by residents, businesses, property owners, visitors and/or workers of Sebastopol, including, but not limited to, littering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using the streets, defacement and damaging of structures, disturbing the peace, discouragement of more desirable and needed commercial uses and other similar problems connected primarily with the operation of establishments engaged in the sale of alcoholic beverages for consumption on or off the premises.

B. The City Council also finds and determines that the existence of such problems creates serious impact on the peace, health, safety and welfare of residents of nearby areas, including fear for the safety of their children and of visitors to the area, as well as contributing to the deterioration of their neighborhoods, and concomitant devaluation of their property and destruction of their community values and quality of life.

C. This chapter is intended and designed to deal with and ameliorate these problems and conditions by restricting the location of such uses in relation to one another, and their proximity to facilities primarily devoted to use by children and families and the general public, and through the denial of a conditional use permit or through the imposition of conditions on a case-by-case basis, thereby limiting the number of such uses in the City and preventing undue concentration and undesirable community impact of such uses by the imposition of reasonable conditions upon the operation of all such uses both existing and in the future. (Ord. 1111, 2018)

A. On and after the effective date of the ordinance codified in this chapter, no place wherein alcoholic beverages are sold, served, or given away for on-site or off-site consumption, shall be established without first obtaining a conditional use permit from the City. Further, no existing site which substantially changes its mode or character of operation shall continue to operate without first obtaining a conditional use permit.

B. A copy of the conditions of approval for the conditional use permit must be kept on the premises of the establishments and posted in a place where it may readily be viewed by any member of the general public.

C. In making any of the findings required pursuant to this chapter, the Planning Commission, or the City Council on appeal, shall consider whether the proposed use will adversely affect the health, safety or welfare of area residents or will result in an undue concentration in the area of establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.

The Planning Commission, or City Council on appeal, shall also consider whether the proposed use will detrimentally affect nearby residentially zoned communities in the area, after giving consideration to the distance of the proposed use from the following:

D. In all determinations pursuant to this section, the applicant for the conditional use permit shall have the burden of proving by clear and convincing evidence that the proposed use will not adversely affect the health, safety or welfare, result in undue concentration of alcoholic beverage outlets, or detrimentally affect nearby communities.

E. The Planning Commission, or City Council on appeal, may impose any conditions on the applicant or proposed location reasonably related to the health, safety or welfare of the community.

F. Except as set forth in SMC 17.350.070, applications for conditional use permits herein shall be made in accordance with Chapter 17.415 SMC, together with amendments thereto. The applicant shall submit a processing fee as specified in the most current Planning Department schedule of fees. Any costs for processing an application that exceed the conditional use permit fee paid by the applicant shall be deemed a debt to the City and shall be paid within 30 days of issuance of the conditional use permit or said permit shall be revoked. (Ord. 1111, 2018)

A. No beer and wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988.

B. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.

C. No sale of alcoholic beverages shall be made from a drive-in window.

D. No display or sale of beer or wine shall be made from an ice tub.

E. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows.

F. 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. (Ord. 1111, 2018)

A. Any establishment lawfully existing prior to the effective date of this section and licensed by the State for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a conditional use permit when:

B. Any establishment which becomes lawfully established on or after the effective date of this section and licensed by the State for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a modification of conditional use permit when:

A. The Planning Director is hereby authorized to approve, conditionally approve, or deny conditional use permits for on-sale liquor establishments holding license Types 51 and 52 (as defined under SMC 17.350.030), and for all existing establishments (pursuant to SMC 17.350.060).

B. Any applicant under this section, or any other interested person, may appeal the determination of the Planning Director pursuant to Chapter 17.455 SMC. All such appeals shall be made to the Planning Commission who shall render its decision within 30 days after the filing of such appeal. A filing fee, as established by resolution of the City Council, shall be paid at the time of filing of the written appeal. (Ord. 1111, 2018)

A. Commercial or home occupation businesses where only office related activities will be performed, and where the storage and on-site sale of alcoholic beverages will not, at any time, occur.

C. Restaurants or “bona fide” public eating places which offer for sale or dispense for consideration alcoholic beverages including beer or wine incidental to meal service. The exemption shall be approved in writing by the Planning Director and shall be subject to the right of appeal to the Planning Commission as provided in Chapter 17.455 SMC. The exemption shall only be approved if the applicant agrees in writing to comply with the following criteria and conditions: