Chapter 19.09
DEEMED APPROVED ALCOHOLIC BEVERAGE SALE REGULATIONS
Section:
19.09.010   Title, purpose, and applicability
19.09.020   Definitions
19.09.030   Deemed approved performance standards
19.09.040   Deemed approved status procedure
19.09.010   Title, purpose, and applicability.
   A.   Title of Deemed Approved Alcoholic Beverage Sale Regulations. The provisions of this chapter shall be known as the "deemed approved alcoholic beverage sale regulations."
   B.   Purpose of Deemed Approved Alcoholic Beverage Sale Regulations. The general purposes of the deemed approved alcoholic beverage sale regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare by requiring that specified commercial activities involving alcoholic beverage sales that were established without use permit approval prior to the effective date of the deemed approved alcoholic beverage sale regulations comply with the deemed approved performance standards of Section 19.09.03017.11.030 and to achieve the following objectives:
      1.   To protect residential, commercial, industrial, and public/quasi-public areas and minimize the adverse impacts of nonconforming and incompatible uses;
      2.   To provide opportunities for those land uses involved in alcoholic beverage sales to operate in a mutually beneficial relationship to each other and to other commercial and public/quasi-public 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 provide that businesses which sell alcohol specified in this chapter are not the source of undue public nuisances in the community;
      5.   To provide for properly maintained businesses which sell alcohol so that negative impacts generated by these activities are not harmful to the surrounding environment; and
      6.   To monitor that deemed approved activities do not substantially change in mode or character of operation.
   C.   Applicability of Deemed Approved Alcoholic Beverage Sale Regulations. This chapter shall apply to the following land uses in the city which were established without use permit approval prior to the effective date of the ordinance codified in this chapter, and as defined in Chapter 19.0417.100: alcoholic beverage establishments, liquor stores, nightclubs, and restaurants with full bar.
      1.   Duplicated Regulation. Whenever any provision of this chapter and any other provision of law, whether set forth in this code, or in any other law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in this chapter.
(Ord. 2462)
19.09.020   Definitions.
   A.   The meaning and construction of words and phrases as hereinafter set forth shall apply throughout this chapter, except where the context of such words or phrases clearly indicates a different meaning or construction. As used in this chapter:
   "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, and sales of which require a State Department of Alcoholic Beverage Control license.
   "Condition of approval'' means a requirement which must be carried out by a business in order to retain its deemed approved status.
   "Deemed approved activity" means operation of the stated uses applicable to this chapter as defined.
   "Deemed approved status" means the status conferred upon a deemed approved activity.
   "Illegal activity" means an activity which has been finally determined to be in noncompliance with the deemed approved performance standards in Section 19.09.03017.11.030. Such an activity shall lose its deemed approved status and shall no longer be considered a deemed approved activity.
   "Performance standards" means regulations prescribed in the deemed approved performance standards in Section 19.09.03017.11.030.
   "Premises" means the actual space within a building or outdoor seating area devoted to alcoholic beverage sales and consumption.
   "Restaurant" means an eating establishment as defined in Section 19.04.020.
(Ord. 2462)
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