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16.305 ALCOHOLIC BEVErAGE SALES
16.305.01 PURPOSE AND APPLICABILITY
These regulations are established to implement the General Plan’s policy to promote responsible sale and service of alcoholic beverages, as well as reduce impacts from the operation of businesses selling alcoholic beverages for on-site or off-site consumption.
16.305.02 REQUIREMENTS
A. Use Permit Required. No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a Minor or Major Use Permit unless the sale or service is associated with a restaurant. B. All alcoholic beverage sales uses are also
subject to the following requirements:
1. The operator of the use shall prevent loitering or other activity in the parking lot that would be a nuisance to adjacent uses and/or residential neighborhoods; 2. The use shall not be located in a reporting district with more than the recommended maximum concentration of the applicable on or off-premises sales use, as recommended by the State of California
Alcoholic Beverage Control Board (ABC), nor with a high crime rate as reported by the Vallejo
Police Department unless the Director or the
Planning Commission has made a determination of public convenience or necessity as provided for by
State law and Section 16.305.03, Determination of Public Convenience or Necessity below; 3. Except for establishments with more than 10,000 square feet that also provide fresh produce and meat and other groceries, a minimum distance of 1,000 feet from another bar, convenience store selling alcohol or an automobile service station with a mini-mart selling alcoholic beverages is required. 4. Hours of operation are limited to 8 a.m. to 12 midnight, daily unless the Planning Commission approves a Major Use Permit allowing additional hours pursuant to Chapter 16.323, Late Night
Business Operations and considering: a. The impacts of any nearby discretionary land use that is already subject to a Major
Use Permit and that also proposes to engage in late night alcohol sales and/or service; b. Conditions including, but not limited to, interior and exterior restrictions such as noise controls, location and use of parking areas, sound barriers, and other performance standards to manage, minimize, mitigate, eliminate or reduce the impacts of that activity on the public health and safety.
5. The site shall be maintained free of litter and graffiti at all times. The owner or operator is responsible for daily removal of trash, litter, and debris from premises and on all abutting sidewalks with 20 feet of the premises. One permanent, non-flammable trash receptacle shall be installed near all public entrances and exits to the establishment. 6. Notices shall be prominently displayed that prohibit loitering and littering and request patrons to not disturb neighbors or block driveways; 7. Employees of the establishment shall walk a 100-foot radius from the facility at some point prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. 8. The following signs shall be prominently displayed in a readily visible manner:
a. “California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age”; b. “No loitering or public drinking”; and c. “It is illegal to possess an open container of alcohol in the vicinity of this establishment”.
9. A copy of the conditions of approval and the
ABC license shall be required to be kept on the premises and presented to any law enforcement officer or authorized City official upon request. 10. All businesses that engage in retail alcoholic beverage sales shall be subject to inspection by the City staff any time the Chief of Police, or their designee, finds that criminal or nuisance activities are occurring on or near the premises.
11. A sound wall up to 6 feet in height shall be provided between the business and any abutting residential zoning district or use.
Such wall may not obstruct the view of the building or parking areas from the street. 12. When an existing alcohol outlet with a Major
Use Permit changes ownership or undergoes an interior remodel, the establishment shall be subject to review pursuant to Chapter 16.603,
Zoning Compliance Review, to ensure compliance with the existing Minor or Major Use Permit. 13. When an existing alcohol outlet without a Minor or
Major Use Permit changes ownership or undergoes an interior remodel, it shall be subject to review pursuant to Chapter 16.603, Zoning Compliance
Review and Section 16.305.06, Deemed Approved
Alcoholic Beverage Sales Establishments, and the following additional requirements:
a. An existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Minor or Major
Use Permit is exempt from the requirements of this Chapter if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. Approval of a Minor or Major Use
Permit shall be required for a change in the licensed classification. The operation of an existing nonconforming alcohol outlet shall be considered lapsed and a Minor or Major Use
Permit shall be required where operations have been discontinued for a period of over one year. b. Any existing premises where operations have been discontinued for these time periods shall be required to obtain a Major Use Permit prior to resuming business whether or not a Major Use
Permit was obtained in the past for the premises. c. A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past 11 p.m. Sunday through Thursday and midnight on Friday and Saturday, a 5 percent increase in the floor area of the premises, a 10 percent increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a 5 percent increase or decrease in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.
i. Bottle service shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. ii. Cover charge shall mean requiring payment of customers before they may enter the establishment.
The Director or the Planning Commission may make a determination of public convenience or necessity to allow the establishment of a new retail alcohol sales establishment or to allow the issuance of an additional license for any alcohol sales establishment in any area of the City that has an undue concentration of retail alcohol outlets or a higher crime rate than the average defined by the California Business and Professions Code Section 23958.4 (a).
A. Applicability. A determination of public convenience is necessary to allow approval of an additional license when: 1. A crime reporting district that has a 20 percent greater number of reported crimes than the average number of reported crimes from all crime reporting districts within the jurisdiction of the local law enforcement agency; or 2. The ratio of on- and off-sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of on- and off-sale retail licenses to population in the County.
B. Basis for Determination. The Director or the
Planning Commission may make a determination of public convenience or a determination of necessity based on crime statistics provided by the Police
Department and consideration of the following:
1. Special or unusual circumstances that justify a new establishment or license including, but not limited to, providing a service that existing alcohol sales uses do not offer; 2. Evidence that the proposed outlet needs the license in order to operate profitably; 3. If the business has a license at a different location and is relocating within the same census tract; 4. Consistency of the proposed use with the
General Plan and any applicable Specific
Plan or Planned Development approval and evidence that the proposed retail outlet will not have impacts detrimental to development or people living or working in the immediate surrounding neighborhood; 5. Proximity of other alcohol retail outlets, which would serve the needs of prospective patrons; 6. Proximity of the proposed site to a residential neighborhood or other sensitive land use such as elementary, secondary and high schools, transitional housing, or facilities providing services to homeless persons; 7. Whether the economic benefit of the proposed outlet to the district and/or the City will outweigh any possible negative impacts because the proposed use will attract patrons to the area and positively effect adjacent businesses by furthering a City objective, such as the creation and enhancement of entertain and craft beverage areas; and, 8. Whether there is a history of alcoholrelated crimes or calls for police service for the area where the use is proposed.
16.305.04 EATING AND DRINKING ESTABLISHMENTS
Eating and drinking establishments offering: live entertainment, dancing or late-night alcohol beverage service and stand-alone banquet facilities offering alcohol beverage service, and bars, nightclubs, lounges, taverns, and taprooms offering alcohol beverage service in the NC Zoning District; shall require a Major Use Permit, as prescribed in Chapter 16.606, Minor and Major Use Permits, unless the sale or service is associated with a restaurant. Bars, taverns, brewpubs, micro-breweries, tasting rooms or wine shop shall require a Minor Use Permit, as prescribed in Chapter 16.606, Minor and Major Use Permits; and pursuant to the applicable requirements of Part II, Districts and Development Types of the Zoning Code or an adopted Specific Plan or Planned Development Permit. The Planning Commission or Director may only grant such a Use Permit if it makes the following findings and complies based on the substantial evidence in the record in addition to the findings required for approval of the Use Permit in accordance with Chapter 16.606, Minor and Major Use Permits:
A. The location and operating characteristics of the proposed alcohol sales will not adversely affect sensitive land uses in the surrounding area, including, but not limited to, residences, schools, parks, playgrounds, places of religious assembly, hospitals, and convalescent homes. For the purposes of this
Chapter, “adversely affect” means to impact in a substantial, negative manner the economic value, habitability, or use of properties in the immediate area.
B. The impacts of any nearby discretionary land use that is already subject to a Use Permit and that also proposes to engage in late night alcohol sales and/or service are not increased; C. Conditions including, but not limited to, interior and exterior restrictions such as noise controls, location and use of parking areas, sound barriers, and other performance standards manage, minimize, mitigate, eliminate or reduce the impacts of that activity on the public health and safety.
16.305.05 FOOD AND BEVERAGE RETAIL SALE ESTABLISHMENTS
Liquor stores, convenience stores, and minimarkets associated with fuel sales offering alcoholic beverages for off-site consumption shall require a Major Use Permit, as prescribed in Chapter 16.606, Minor and Major Use Permits.
A. The Planning Commission may grant such a permit only if, from the facts presented with the application, at the public hearing, or as determined by investigation, it finds that the conditions described in Section 16.305.04,
Eating and Drinking Establishments, exist. The project shall meet the findings described in Section 16.305.04, or enjoyability of properties in the immediate area. B. No liquor store, except for a large format liquor store, or convenience store, or mini-market associated with fuel sales offering alcoholic beverages for offpremise consumption shall be established within 1,000 feet of a property containing an existing or approved liquor store, convenience store or mini-market associated with fuel sales offering alcoholic beverages for off-site consumption.
A. Purpose. The regulations in this Chapter require that businesses selling alcoholic beverages, and were nonconforming uses before the adoption of these regulations, comply with performance standards and requirements to achieve the following objectives: 1. To protect adjacent neighborhoods from the harmful effects attributable to the sale of alcoholic beverages. 2. To provide opportunities for businesses which sell alcoholic beverages to operate in a mutually beneficial relationship to each other and to other commercial and civic services. 3. 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. 4. To ensure that businesses which sell alcoholic beverages are not the source of undue public nuisances in the community. 5. To ensure that sites where alcoholic beverages are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way. 6. To monitor deemed approved uses to ensure that they do not substantially change their mode or character of operation.
B. Applicability. All businesses engaged in the sale of alcoholic beverages, including eating and drinking establishments that were nonconforming uses prior to
August 25, 1998 and still do not possess a Minor or
Major Use Permit for the sale and service of alcohol shall automatically become deemed approved uses and shall no longer be considered nonconforming uses.
1. Each such deemed approved use shall retain this status and may continue to engage in late night alcohol service, dancing and/or live entertainment provided such activities were lawfully engaged in prior to August 1, 2017, and as long as it complies with the deemed approved performance standards as specified in Section 16.323.03, Late Night Alcohol Sales or Service.
2. None of the provisions of this Chapter restrict any authority to require modification or termination of any deemed approved use which does not conform to the performance standards in sub-section E. or which has been declared to be a nuisance by the City Council. 3. Any business engaged in the sale of alcoholic beverages that obtained a Major Use Permit for the sale and service of alcohol prior to August 1, 2017 may continue to lawfully operate pursuant to the terms and conditions of its Major Use
Permit so long as that permit has not been modified, revoked, suspended, or abandoned as set forth Chapter 16.606, Minor and Major Use
Permits or Chapter 16.615, Enforcement and
Abatement or sub-section C, Abandonment.
C. Abandonment. Whenever a deemed approved use discontinues active operation for a continuous period of 12 months, such deemed approved use shall not be resumed. Related structures may be utilized thereafter only for a permitted use.
Furthermore, if another use has been substituted before the lapsing of 12 months, the original deemed approved use may not be resumed thereafter. D. Notification. The Director shall notify the owner of each deemed approved use, and also the property owner if not the same, of the use’s deemed approved status.
Such notice shall be sent via certified return receipt mail; shall include a copy of the performance standards specified in sub-section E, Performance Standards for
Deemed Approved Alcoholic Beverage Sales Uses, 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 use is required to comply with all these performance standards; that a Review Fee is required, the amount of such fee shall be as established or amended by the City
Council; and that the use is required to comply with all other aspects of the deemed approved regulations.
Should the notice be returned, then the notice shall be sent via regular U.S. Mail. Failure of any person to receive notice given pursuant to this Chapter shall not affect the deemed approved status of the use. E. Performance Standards for Deemed Approved
Alcoholic Beverage Sales Uses. An alcoholic beverage sales establishment shall retain its deemed approved status only if it conforms with all of the following standards: 1. It does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area. 2. It does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area. 3. 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. 4. It does not result in violations to any applicable provision of any other City, state, or federal regulation, ordinance, or statute. 5. Its upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding area. 6. A copy of the performance standards shall be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review.
