(A) Purpose. To deal with and mitigate adverse conditions associated with establishments which sell, or serve alcoholic beverages by restricting their proximity to facilities such as parks, schools, recreation centers, and religious assembly facilities and through the use of a conditional use permit and reasonable conditions, thereby preventing undue concentration and undesirable community impacts of such uses.
(B) Permits required. Every place, facility or business wherein alcoholic beverages are sold, served or given away for on-site or off-site consumption and located within 500 feet of any residential zone, park, school, recreation center, religious assembly or hospital shall be required to obtain a conditional use permit. Exception: Temporary events selling or serving alcoholic beverages for not more than four times per function, for not more than one day at a time shall be permitted subject to Development Review Committee approval.
(C) Findings. The Planning Commission shall make the following findings prior to approval of any conditional use permit which includes the sale or serving of alcoholic beverages:
(1) The proposed use will not adversely and seriously affect the peace, health, safety and welfare of residents of the community.
(2) The proposed use will not directly contribute to peace, health, safety and general welfare problems including but not limited to loitering, littering, public drunkenness, defacement and damaging of structures, pedestrian obstructions as well as traffic circulation, parking, and noise problems on public streets and adjacent parking lots.
(3) The proposed use will not create serious adverse impacts to the commercial district.
(4) The proposed use is adequately served by sufficient parking to serve the quantity of traffic such use generates.
(5) The proposed use shall not be incompatible with the adjoining uses as it relates to noise, traffic, and hours of operation.
(6) That the proposed use will not negatively impact nearby parks, schools, recreation centers, religious assembly facilities, and hospitals.
(D) Conditions for restaurants selling/serving alcoholic beverages. In addition to the following conditions, the Planning Commission shall have the ability to modify and/or add conditions based on the review of each application. Standard conditions for all restaurants serving alcoholic beverages:
(1) The establishment shall be operated as a “Bona Fide Eating Place” as defined by ABC. The restaurant shall contain sufficient space and equipment to accommodate a full restaurant kitchen and the kitchen shall be open and preparing food during all hours the establishment is open. The establishment shall provide an assortment of foods and a full menu normally offered in restaurants. The service of sandwiches or salads shall not be deemed in compliance with this requirement.
(2) The quarterly gross sales of alcohol beverages shall not exceed 33% of all gross sales of all products during the same period. The licensee shall maintain records which reflect separately the gross sales of alcoholic beverages. Records for the last quarter shall be made available to the city only if complaints have been received regarding the violation of conditions of the CUP.
(3) The approved floor plan is an integral part of the decision approving this CUP. There shall be no change in the design of the floor plan without the approval of the Planning Division. Any change in the approved floor plan which has the effect of expanding or intensifying the present use shall require an amendment to the CUP.
(4) All areas in the restaurant shall be available for inspection by the Police Department during all open business hours.
(5) No sporting game or games of competition shall be permitted in conjunction with the business unless approved as part of a CUP application.
(6) The display, posting or airing via closed circuit television of any gambling odds shall be prohibited unless pre-empted by the state.
(7) No patrons shall be on the premises during closed hours.
(8) There shall be no uses or activities permitted of an adult-oriented nature as defined in Title 17 of this code.
(9) The use of pornographic material in the form of videos, slides, magazines, or pictures shall be prohibited within the business establishment.
(10) Any amplified music, if approved, the sound emitted from the premises shall not be audible outside the boundaries of the establishment.
(11) No locking devices shall be allowed on interior doors that enclose rooms open to the public.
(12) No warning devices and/or any action by employees that could serve to alert patrons and employees to the presence of law enforcement or other inspectors shall be permitted.
(13) If it is determined by the Community Development Director or Public Works Director that patrons are littering the surrounding streets, sidewalks, parking lots, parks, or adjoining private properties as a result of their coming or leaving the establishment, the business will provide employees to pick up and properly dispose of all litter.
(14) In the event security/policing problems occur, this CUP shall be subject to review by the DRC and may be modified to require additional uniformed security guards as determined necessary by the DRC.
(15) The exterior of the premises, including adjacent public sidewalks shall be illuminated, during the hours of darkness with sufficient lighting to illuminate and make easily discernible the appearance and conduct of all persons on or about the establishment.
(16) Window signs shall be placed and maintained in a manner so that there is a clear and unobstructed view of the interior of the premises from the public sidewalk or entrance to the premises.
(17) Any graffiti painted or marked upon the premises or on an adjacent area under the control of the licensee shall be removed or painted over within 48 hours.
(18) The permittee shall submit a signed letter acknowledging receipt of the decision approving the conditional use permit.
(19) No sale of alcoholic beverages for outside service or consumption shall be permitted unless approved by the Planning Commission pursuant to this code.
(E) Substantial change in mode or character of operation. A conditional use permit shall be required for the following changes in operation:
(1) The establishment changes its type of retail liquor license within a license classification.
(2) The establishment ceases operation for a period of 30 days. The suspension of business during the diligent work on building repairs or remodeling undertaken under a valid building permit shall not be considered a substantial change in the mode or character operation if the remodeling does not change the nature of the licenses premises and does not increase the square footage of the area which constitutes the establishment.
(3) The establishment is found to be a public nuisance by the City Council.
(4) An existing ABC license is transferred from one premises (location) to another premise.
(5) Any ABC licensed establishment that has its license revoked, suspended or surrenders its license to ABC.
(6) Substantial change in mode or character of operation.
(F) Review required.
(1) Every place, facility or business wherein alcoholic beverages are sold, served or given away for on-site or off-site consumption shall be reviewed on a yearly basis, including such businesses classified as existing nonconforming, those businesses with an existing conditional use permit and all future businesses issued a conditional use permit.
(2) The Development Review Committee shall conduct a yearly review of such businesses. Information from the Police Department, Code Enforcement and Planning Divisions and other material available shall be reviewed to determine whether the business operation as it relates to the sale of alcoholic beverages may constitute a public nuisance or is in violation of conditions of an existing conditional use permit.
(3) The business owner/operator shall be notified in writing of the determination by the Development Review Committee. The business owner/operator shall be informed whether or not nuisance conditions or violations have been identified. Those business owners/operators where violations or nuisance conditions have been identified shall be requested to attend the Development Review Committee meeting.
(4) Failure to correct violations or nuisance conditions identified may result in the following:
(a) Commencement of proceedings to declare the business a public nuisance; or
(b) Commencement of revocation of the conditional use permit as described in this section.
(G) Revocation of conditional use permit. The following constitute grounds for the of revocation of a CUP granting an Alcohol Beverage License approval.
(1) When the continuance of the CUP would be contrary to public welfare or morals.
(2) The misrepresentation of a material fact by an applicant in obtaining a CUP.
(3) Failure to take steps to correct objectionable conditions caused by the business that constitute a nuisance within a specified time after receipt of notice to make those corrections from the city.
(4) Violation of any condition of the CUP.
(5) If the city issues a written notice to the owner of the business or operator of the facility on three separate occasions within any 12-month period requiring corrections of specific violations of the CUP, the Planning Commission shall review the CUP and consider revocation.
(6) Violation of municipal, state or federal laws.
(`83 Code, § 17.44.025) (Ord. 96-04 § 1, 1996; Ord. 98-01 § 1, 1998)