A. Title and Purpose. The provisions of this section shall be known as the "deemed approved performance standards." The purpose of these standards is to control the potentially detrimental or objectionable environmental effects of alcoholic beverage sales by specified land uses applicable to this chapter.
B. Applicability. These standards shall apply to the following land uses listed in Section 19.09.010: alcoholic beverage establishments, liquor stores, nightclubs, and restaurants with full bar, all as defined in Section 19.04.020. This section is applicable to these uses under the following circumstances:
1. Alcoholic beverage establishments, liquor stores, nightclubs, and restaurants with full bar which were established without use permit approval prior to the effective date of the ordinance codified in this chapter.
2. Alcoholic beverage establishments, liquor stores, nightclubs, and restaurants with full bar which are inconsistent with the land use tables in Division IV of this title, and were established prior to the effective date of the ordinance codified in this chapter.
C. Performance Standards and Deemed Approved Activities. An activity shall retain its deemed approved status only if it conforms with all of the following deemed approved performance standards:
1. That it does not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area;
2. That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area;
3. That 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. That it does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance, or statute;
5. That its upkeep and operating characteristics are compatible with and do not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
(Ord. 2462)