A. Any business which sells alcoholic beverages for on-site consumption in the City that does not have a CUP or an ARUP or was opened without any city use permits required at the time of opening, will be considered a nuisance business if the Planning Commission or City Council, as the case may be, determines that the business has been operated in such a fashion as to cause an adverse impact on the neighboring businesses and/or residences, the City’s Police Department, the Maintenance Services Department, or in violation of the law or any permit which it may have been issued.
B. The criteria for determining whether a business is a nuisance shall be the same types of occurrences specified in Section 15.31.040.B.
C. The Planning Commission or City Council shall conduct a public hearing in order to determine whether there is sufficient evidence to declare the business a nuisance. If a business is declared a nuisance business by the Planning Commission, that decision may be appealed, in writing, to the City Council within ten (10) business days of the Planning Commission’s action.
D. If a business is declared a nuisance business by the Planning Commission and no timely appeal is filed, the decision becomes final ten (10) business days after issuance of the decision.
E. If an appeal of a Planning Commission determination is filed within the specified timeframe, the City Council shall conduct a new public hearing on the matter and issue a decision as soon as possible, but no later than sixty (60) days after the conclusion of its deliberations. If the City Council upholds the determination that the business is a nuisance business, that decision becomes final upon issuance of the City Council’s decision.
F. If a business operating without a CUP or ARUP is declared a nuisance business, the Planning Commission or City Council, as the case may be, may require the business to apply for a CUP or ARUP, as may be appropriate based on the operational characteristics of the business, subject to the imposition of conditions which will, in the judgment of the Commission or Council, mitigate or address the type(s) of nuisance activity which has been found to occur at the business. (Ord. 3270 (part), 2019)