Any use providing alcohol beverage sales for either on-site or off-site consumption is subject to the following standards and conditions on use:
(A) All new sales of alcohol, with the exception of temporary sales as specified in § 16.58.030 of this chapter, must obtain a Conditional Use Permit.
(B) A new alcohol sales use may only be established in a location such that the proposed use will not contribute to undue concentration of such uses in an area where additional such uses would be undesirable, with consideration to be given to the area's function and character, problems of crime and loitering, traffic problems and capacity.
(C) Except for temporary sales of alcohol citywide and except for alcohol sales for on-site consumption within the Central Business District, sale of alcoholic beverages within 300 feet of a public or private school is prohibited on weekdays between the hours or 7:00 a.m. and 6:00 p.m.
(D) The proposed use must not adversely affect adjacent or nearby properties.
(E) Adequate litter receptacles must be provided.
(F) Where the proposed use is near residential uses, it must be limited in hours of operation, or designed and operated, so as to avoid disruption of residents' sleep between the hours of 10:00 p.m. and 7:00 a.m.
(G) No signs advertising any kind of alcoholic product which will be easily visible from the exterior of the business will be permitted. This prohibition does not apply to business signage representing a registered company name.
(H) Windows must be kept free of signs and other obstructions to allow visual inspection from the outside.
(I) The property owner/operator/applicant and the city must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval of the City Council. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.
(J) No provision in this section is intended to conflict with the authority of the State of California Bureau of Alcoholic Beverage Control (ABC) to issue alcohol sales licenses. Before commencing the proposed use, applicants seeking a Conditional Use Permit for new alcohol sales are required to obtain the appropriate license from ABC in accordance with state law.
(Ord. 1100, passed 7-6-04; Am. Ord. 1194, passed 7-7-08; Am. Ord. 1316, passed 5-18-22; Am. Ord. 1320, passed 1-18-23)