Before the opening of a new business, extending the hours of operation of any establishment that sells or serves any alcoholic beverage, or adding to the capacity, floor area or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages, the applicant must obtain a conditional use permit from the Planning Commission. Conditions of approval will vary with each application including location, on-sale or off-sale business, public convenience and necessity, and any other, city, state, and federal laws that may apply. The criteria that will be followed to approve the conditional use permit are as follows:
A. Conditional Use Permit. The Planning Commission shall review all conditional use permit requests for proposed alcohol sales. The following information must be provided to approve conditional use permit requests:
1. A list of all establishments within a one thousand (1,000) foot radius with similar size and array of products. If there is any other establishment, other than a food service establishment with incidental service of beer and/or wine within a one thousand (1,000) foot radius of the site of the proposed use that is in the same category of alcoholic beverage sales or service and the State Department of Alcoholic Beverage Control finds that the request will result in an overconcentration of alcohol sales within the applicable Census Tract, then the city shall not approve the application unless it makes all of the following findings of “public convenience or necessity;”
2. The number of businesses having authority to sell alcoholic beverages in the census tract of the subject site;
3. The extent to which the crime reporting district in which subject site is located exceeds the average for crime reporting districts subject to the jurisdiction of the Police Department;
4. The proximity of the subject site to school, park, playground, recreational center, day care, or similar use.
B. Public Convenience or Necessity. A determination of Public Convenience or Necessity (PCN) is required by the Department of Alcoholic Beverage Control (ABC) when there is an overconcentration of alcohol sales licenses within a defined census tract. ABC determines if there is an overconcentration of licenses in a census tract and will require a determination of public convenience or necessity from the city. The City Council is the appropriate authority to review and make a PCN determination. This determination must be made prior to Planning Commission review of a conditional use permit to allow alcohol sales.
C. To approve a PCN determination, the following findings must be satisfied:
1. The proposed establishment will promote the city's economic health, consistent with the General Plan and any applicable Specific Plan policies to further district purposes;
2. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales;
3. The applicant has not operated a licensed establishment, which has been the subject of verified, complaints, or violations regarding alcohol, public safety or nuisance statutes or regulations;
4. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area;
5. Alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment. (Ord. 2010-02 § 1 (part), 2010)