A. The following operational standards are required for all Restaurants with on-site alcohol sales. The Planning Commission or Community Development Director may approve modifications to the operational standards contained in this section as part of the review of the applicable use permit, if strict compliance with the standards is not necessary to achieve the intent of the standard with respect to a particular business or premises. Specific conditions of approval may be required based on the location and operational characteristics of the business.
1. Hours of operation. The permitted hours of operation shall be established by the applicable Administrative Restaurant Use Permit or Conditional Use Permit for the subject establishment.
a. Minimum hours of operation for restaurants with entertainment. Restaurants with Entertainment shall be open and offer a full dining menu during normal dinner hours (typically 5:00 p.m. to 9:00 p.m.) a minimum of five days per week. Food shall be made available to patrons at all times the business is open, except the last hour before closing. Restaurants with Entertainment are strongly encouraged, but not required, to be open during regular lunch hours.
2. Security/operational plan. Any business providing Entertainment at any time, or On-Site Alcohol Sales after 10:00 p.m., shall be required to provide a written Security/Operational Plan in a form and manner as prescribed by the Police Department. The contents of the plan shall include, but are not limited to:
a. The number and locations of any security personnel.
b. The use and location of video surveillance for the interior and exterior of the establishment as applicable.
c. Lighting plans for the interior and/or exterior. All indoor and outdoor areas shall have adequate lighting to make easily discernible all activities for security and safety purposes. Outdoor lighting shall be designed to minimize light trespass on to streets and adjoining properties, and shall include shielding and fixture placement to restrict unintended light glare.
d. Description of security protocols and practices to address incidents within the establishment, exterior patios and queuing areas.
e. When applicable, a written description of how the establishment will provide visibility into the premises for security and police personnel.
The Police Department may alter the number of security personnel required at any time, with reasonable written notice, based upon observed conditions at the establishment. Modifications to a Security Plan may include specific days, times, or occasions necessitating additional security, such as temporary uses, special events or holidays.
3. Outdoor music. Ambient Music, as that term is defined in this Title, is permitted to be played through house speakers at a volume wherein normal conversation is not impeded, within the outdoor dining or patio until 2:00 a.m. Any music that is played outdoors at a volume louder than Ambient Music, whether live or pre-recorded, is considered Entertainment (Outdoor).
4. Promoters. Neither the business, nor anyone on its behalf, shall share any profits, or pay any percentage or commission to a promoter, or otherwise receive compensation for use of the facilities.
5. Cover charge. No admission fee, cover charge, or similar fees may be imposed upon patrons as a condition of entry to the premises prior to 10:00 p.m. After 10:00 p.m. a cover charge may be assessed at the discretion of the business.
6. Noise. Noise generated from the establishment shall not exceed the levels specified in Chapter 15.90.
7. Queuing. Outside queuing of patrons shall be located so as not to obstruct the public right-of-way, interfere with any outside eating areas, or impede access to adjacent businesses. Adequate lighting and security provisions shall be required for all queuing areas and described in the Security/Operational Plan.
8. Responsible beverage service/sales training requirements. All owners, managers and employees serving and/or selling alcoholic beverages in an establishment shall complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Records regarding the successful completion of the training program shall be maintained on the premises and presented for review upon request by City staff.
9. Posting of responsible beverage sales policies. Operators shall be required to post the businesses alcohol sales policies in a conspicuous location within the establishment. These policies should include:
a. Requirement to provide identification for every customer under the age of 30.
b. Notice to patrons regarding the use of video surveillance.
c. Posting of signage in a conspicuous location which states “It is illegal to serve or sell alcohol to a person who is obviously intoxicated [B&P Code 25602]”.
10. Graffiti. The exterior of the business, including signs and accessory structures, shall be maintained free of graffiti at all times. Graffiti shall be removed within twenty-four (24) hours.
11. Trash/debris removal. The business owner or operator shall provide for daily/nightly removal of trash, litter and debris (including vomit, urine and excrement) from the premises and on all abutting sidewalks and parking lots within twenty-five (25) feet of the exterior of the building. Removal and cleaning of this area shall be completed as part of the closing of the establishment. (Ord. 3270 (part), 2019)