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)