A. Conditional use permit required. Except as provided in subsection C of this section, a conditional use permit is required for the following uses: alcoholic beverage sales for off-premises consumption, bar, and nightclub.
1. Findings. The decision-maker may approve a conditional use permit for alcoholic beverage sales for off-premises consumption, a bar, or nightclub based on the following findings, in addition to the findings required in section 17.808.200:
a. The proposed alcoholic beverage sales will not adversely affect the peace or general welfare of the surrounding neighborhood;
b. The proposed alcoholic beverage sales will not result in undue concentration of establishments dispensing alcoholic beverages;
c. The proposed alcoholic beverage sales will not enlarge or encourage the development of a skid row or blighted area; and
d. The proposed alcoholic beverage sales will not be contrary to or adversely affect any program of redevelopment or neighborhood conservation.
2. Considerations.
a. The decision-maker shall consider whether the proposed alcoholic beverage sales will detrimentally affect nearby residentially zoned areas, and shall give consideration to the distance of the proposed alcoholic beverage sales from residential buildings; churches and faith congregations; schools, K-12; hospitals; parks and playgrounds; childcare centers; social services; and other similar uses.
b. In addition to the considerations applicable to all conditional use permit applications, the decision-maker may consider the following under this section: hours of operation; quantity and size of containers sold; alcoholic content of wines; percentage of shelf space devoted to alcoholic beverages; a requirement that the establishment post, in compliance with the city code, signs prohibiting the possession of open alcoholic beverage containers or the consumption of alcoholic beverages on any property adjacent to the establishment under the control of the establishment's operator; and any other activities proposed for the premises.
B. Deemed conditional use permit. Alcoholic beverage sales for off-premises consumption, bars, or nightclubs operating under a deemed conditional use permit shall not do any of the following unless a new conditional use permit is approved:
1. Change the type of retail liquor license within a license classification;
2. Recommence alcoholic beverage sales for off-premises consumption after sales were discontinued for a continuous period of at least one year, including the case where the license for such sales is suspended or revoked; provided, however, that a suspension for violation of Business and Professions Code section 23790.5(e) shall not constitute a break in the continuous operation of the sales of alcoholic beverages. An establishment that has discontinued alcoholic beverage sales shall not be deemed to have resumed sales unless the establishment is open for business for alcoholic beverage sales for off-premises consumption for at least 60 continuous days in substantially the same manner that it operated before its alcoholic beverage sales were discontinued. Whether an establishment is being operated in substantially the same manner shall be determined by reference to the type and amount of merchandise for sale, the hours and days of operation, the number of persons on duty to serve customers, and such other factors as may be relevant; or
3. Substantially change the business of alcohol sales for off-premises consumption, bars, or nightclubs, including:
a. Increasing the floor space devoted to display or storage of alcoholic beverages; or
b. Modifying the premises by expanding the gross floor area more than 10 percent, which requires issuance of a building permit (not including routine maintenance and repair).
C. Conditional use permit not required.
1. A conditional use permit is not required for alcoholic beverage sales for off-premises consumption in a store with greater than 15,000 square feet in gross floor area if the shelving allocated to alcoholic beverages does not exceed 10% of the total shelving within the store.
2. A conditional use permit is not required for an on-sale licensee, other than a bar, on account of the licensee's statutory off-sale privileges if the licensee does not hold itself out as selling alcoholic beverages for off-premises consumption. (Ord. 2017-0061 § 67; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)