A.   There is created a Micro-brewery/Micro-winery Overlay District, the boundaries of which are shown on the map entitled, "Micro-brewery/Micro-winery Overlay District", which is on file at city hall. Said map is adopted and made a part of this ordinance.

   B.   This chapter is enacted to preserve and promote the public health, safety, and welfare of the citizens of Visalia, and to facilitate businesses that specialize in the small-scale production and sale of crafted beverages. This chapter is also enacted to encourage the location of micro-brewery and micro-winery businesses in the East Downtown area. This is to:

   1.   Encourage, protect and enhance existing buildings, their productive re-use, and improvements in the East Downtown area.

   2.   Promote the vibrancy and sense of destination and place of the East Downtown area by establishing this area as the recognized center for craft brewing establishments.

   3.   Ensure that these establishments are compatible with each other and with existing and future uses within the East Downtown area. (Ord. 2017-01 (part), 2017: Ord. 2016-22 (part), 2016)

   This chapter shall include:

   A.   The Ordinance text which specifies the micro-brewery/micro-winery overlay district and establishes specific standards pertaining to the district.

   B.   A map designating the micro-brewery/micro- winery overlay district, which shall be depicted on the official zoning map of the city. (Ord. 2017-01 (part), 2017: Ord. 2016-22 (part), 2016)

   "Micro-brewery" An establishment that produces the range of brewed beer, ale, mead, hard cider and similar brewed beverages in quantities totaling 15,000 barrels or less per year (all beverage types combined) that are served on site and/or sold for off-site consumption. Service and sale of brewed beverages must be in conjunction with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Service of brewed beverages may be conducted with or without the service of food. Taproom, Nano-brewery, Craft brewery, and Brewpub are included in this definition.

   "Micro-winery" An establishment that produces fermented fruit wine in quantities totaling 10,000 cases or less per year (all varieties and labels combined) that are served on site and/or sold for off-site consumption. Service and sale of wine must be in conjunction with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Service of wine may be conducted with or without the service of food. Tasting room and Boutique winery are included in this definition.

   "Background entertainment" Non-amplified live music or performance intended to complement the primary venue, and for which no alteration of the physical or operational aspect of the primary use is made. (Ord. 2017-01 (part), 2017: Ord. 2016-22 (part), 2016)

   A.   Uses within the Overlay District.

   1.   All uses shall be subject to the Zoning Matrix use allowances, except that micro-brewery/micro-winery locations that occur coincidentally within the micro-brewery/micro- winery overlay district or within the C-R (Regional Commercial) Zone District shall be permitted by right, provided that such establishments limit their patronage to persons 21 years of age or older.

   2.   Zoning regulations for micro- brewery/micro-winery locations shall be those of their underlying Zone District; except as follows:

   a)   Alcoholic beverages sold on site shall be only that produced by the operator.

   b)   Truck loading and unloading shall be limited to between the hours of 7:00 a.m. and 4:00 p.m. daily.

   c)   Venting of brewing process shall be directed away from sidewalks and residences.

   d)   Outdoor storage shall be limited to an area of no more than 5% of the leasable floor area of the establishment. Outdoor storage shall be secured at all times and shall be fully screened from view.

   e)   Parking required for a micro-brewery/micro- winery use shall be determined by the allocation of interior floor space of the establishment, and at the prescribed ratios as contained in Chapter 17.34 (Off-street parking and loading facilities). Portions of the floor area used for on-site consumption of beverages and/or food shall be parked at the prescribed restaurant ratio; brewing, bottling and warehousing of product produced or sold on site shall be parked at the prescribed industrial ratio; and, retail display of product for off-site sale shall be parked at the prescribed retail ratio.

   3.   Micro-brewery/micro-winery establishments proposing to allow underage patrons (under 21 years of age) shall require approval of a Conditional Use Permit, subject to the standard operating procedures contained in this Chapter, and as conditioned by the Planning Commission as follows:

   a)   Underage patrons (under 21 years of age) shall not remain upon the establishment premises after 10:00 p.m. nightly.

   b)   Minor patrons (under 18 years of age) shall be accompanied by a parent or legal guardian at all times.

   c)   Underage patrons shall not sit at the bar or serving counter areas of the establishment.

   d)   The establishment shall provide games, activities, non-alcoholic beverages and snack foods suitable to all ages patrons. Games and activities may include, but are not limited to table games, board games, shuffleboard, corn-hole, drawing paper and crayons, puzzles, video and arcade games.

   e)   The floor area devoted to games and activities shall be a minimum of 20% of the public area of the establishment.

(Ord. 2018-13, 2019: Ord. 2017-01 (part), 2017: Ord. 2016-22 (part), 2016)