(A) Purpose:
1. It has been found that business establishments and organizations engaged in the sale of alcoholic beverages for consumption frequently generate or contribute to problems which adversely affect the health, peace or safety of the city residents, property owners, businesses, visitors and workers. Such problems include, but are not limited to, loitering, obstruction of pedestrian and vehicular traffic, defacement of buildings, disturbances of the peace, illegal drug activity, drinking in public, harassment of passerby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, excessive littering, illegal parking, excessive loud noises in the late night and early morning hours, traffic violations, lewd conduct, police detections or arrests, and the deterioration of neighborhoods in which such establishment and business premises are located.
2. The purpose of this section is to protect the health, safety and welfare of the community by: a) imposing restrictions on the location of such establishments in relation to one another and in relation to certain public and private facilities and structures; and b) requiring that each such establishment or organization obtain a conditional use permit in connection with its business operations or its events and activities which involve the sale of alcoholic beverages.
(B) Applicability: The provisions of this section shall apply to all new establishments selling alcoholic beverages, for either on site or off site consumption.
1. Site Plan Review: A site plan review application shall be filed with the Planning Department with approvals vested with the Planning Director for the following alcoholic beverage retailers:
(a) A new application for a Type 41 On Sale Beer and Wine - Eating Place or Type 20 Off Sale Beer and Wine license for a premises located within a census tract that has not reached the maximum number or authorized licenses by ABC.
(b) An existing licensed retailer within City of Taft boundaries transferring an existing Type 41 or Type 20 license to another location within the City.
(c) A Type 20 licensee premises shall have no more than ten percent (10%) of gross floor area dedicated to alcoholic beverage sales, applicable to new and transferred licenses.
(d) A licensee premises shall not be a public premises.
2. Conditional Use Permit: A conditional use permit application shall be filed with the Planning Department with approvals vested with the Planning Commission if any of the following conditions apply to the proposed alcoholic beverage retailer:
(a) All new or transferred license types that do not qualify for a site plan review per this section.
(b) A licensee premises is located in a census tract that has more licenses issued than the maximum number of authorized licenses, deemed over-concentrated, by ABC.
(c) An off-sale licensee premises with more than ten percent (10%) of gross floor area dedicated to alcoholic beverage sales.
(C) Standard Conditions Of Approval For All Alcoholic Beverage Retailers:
1. The applicant shall furnish the city a copy of the ABC license and a copy of the conditions placed on the license by the department of alcoholic beverage control prior to the commencement of alcoholic beverage retail operations at the licensee premises.
2. The applicant shall comply with all restrictions placed upon the license issued by the state of California department of alcoholic beverage control.
3. An amendment of an approved site plan review or conditional use permit, as provided in this title, shall be obtained when:
(a) The establishment proposes to change its type of license.
(b) The establishment proposes to modify any of its current conditions of approval.
(c) There is a substantial change in the mode or character of operations of the establishment.
4. Exterior lighting in the premises parking area shall be designated to provide adequate lighting for patrons, while not unreasonably disturbing surrounding properties. A lighting plan, subject to review and approval by the planning director, shall be implemented prior to sale of any alcoholic beverage.
5. In the event city staff determines that security problems exist on the site, the conditions of this permit may be amended, under the provisions of this title, to require additional security.
6. The establishment shall have a public telephone listing.
7. It shall be the responsibility of the licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skill that will enable them to comply with their responsibilities under state law. This includes, but is not limited to, the following:
(a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of operation, and penalties for violations of these laws.
(b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure or harm themselves or other individuals as a result of the excessive consumption of alcoholic beverages.
(c) Alcohol as a drug and its effects on the body and behavior, including the operation of a motor vehicle.
(d) Methods for dealing with intoxicated persons and recognizing underage persons.
8. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment operators of such establishments shall remove trash and debris in a manner to eliminate a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
9. The planning commission has the right to hold a public hearing to revoke or amend any licensee's approved conditional use permit or site plan review pursuant to the provisions of this title. Said license may be revoked or amended if public nuisances are demonstrated to occur as a result of criminal or antisocial behavior, including, but not limited to, the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter.
10. A site plan review or conditional use permit which has been approved or conditionally approved for alcohol related land uses shall become null and void unless exercised within one year of the date of final approval. An extension of time may be granted by the planning commission or planning director pursuant to a written request for extension, with the request submitted to the planning department a minimum of ninety (90) days prior to such expiration date.
(D) Additional Standard Conditions Of Approval For On-Sale Licenses:
1. All alcoholic beverages sold in conjunction with an on sale licensed establishment must be consumed entirely on the premises. The off-sale of alcoholic beverages is prohibited.
2. There shall be no live entertainment, amplified music or dancing permitted on the premises at any time, unless specifically authorized by a conditional use permit approved by the planning commission. Furthermore, the operation of the premises shall be consistent with the license conditions imposed by the state of California department of alcoholic beverage control.
3. The establishment shall comply with the provision of section 6-11-18, "Noise Hazards", of this title.
4. In addition to the knowledge and skills deemed necessary for responsible alcoholic beverage services, as set forth in this section, the following additional topics and skills shall be required:
(a) Methods to appropriately pace customer drinking to reduce the risk that a customer may leave the premises in an intoxicated manner.
(b) Knowledge of mixology, including marketable alternatives to alcoholic beverages.
(E) Additional Standard Conditions Of Approval For On Sale Licenses With Outdoor Dining Areas:
1. Outdoor dining areas utilized for the sale, service or consumption of alcoholic beverages shall be in continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare.
2. All outdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the planning commission.
3. Any canopy constructed over an outdoor dining area shall comply with all requirements of the building and fire departments.
(F) Additional Standard Conditions Of Approval For Off Sale Licenses:
1. The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises stating that drinking of alcoholic beverages on the premises is prohibited by law.
2. No off sale establishment shall be permitted within six hundred feet (600') of a school, park, playground, daycare for children, or other recreation or youth facilities.
3. These premises shall include the licensed premises proper, appurtenant and required parking areas, and appurtenant common areas if located in a commercial center.
(G) Public Convenience And Necessity: A determination of public convenience and necessity shall be made for all conditional use permit approvals for off-sale and on-sale licenses located in over-concentrated areas. The planning director, planning commission, and/or city council shall make the following findings of public convenience and necessity:
1. The proposed off-sale or on-sale license is compatible with the existing nature and character of the proposed location, adjacent properties, and the surrounding area;
2. The proposed off-sale or on-sale license is not anticipated to have an adverse effect, introduce a new or contribute to an existing crime problem at the proposed location, adjacent properties, and surrounding area.
3. The proposed location for the off-sale or on-sale license has no building code, municipal code, or public health code violations of record.
(H) Additional Conditions: The planning director, planning commission, or city council may impose additional conditions of approval to the above listing of items in order to fully ensure that the proposed issuance of a land use approval for an alcohol license is fully compatible with the surrounding neighborhood and that all adverse environmental impacts and nuisances are mitigated to the fullest extent possible. (Ord. 768-08, 8-19-2008; amd. Ord. 842-21, 9-7-2021)