To facilitate, encourage, and incentivize economic development, agri-tourism, local agricultural beer and wine production, and support family farming, the following types of premises that obtain and comply with the ABC license types described below are exempt from County regulation of alcoholic beverage sales under this chapter:
(a) All existing uses, buildings or structures currently in operation selling alcohol or alcoholic beverages prior to the adoption of this original ordinance.
(b) Wine, beer, and distilled spirits activities allowed and permitted, excluding retail sales that are not incidental to tasting or processing, within the Agricultural Intensive (A-N), Agricultural Extensive (A-X), Agricultural Industrial (A-I), and Agricultural Commercial (A-C) zone districts, within the Agricultural District (AD-O) overlay zone districts, and within all of the commercial and industrial zones, pursuant to Articles 3, 4, 5, and 6 of Chapter 2 of this Title.
(c) Local grape growers and manufacturers of wine, beer, or brandy: Premises of a local grape grower and/or manufacturer where beer, wine, or brandy are sold to any person in compliance with an existing ABC license for the sale of beer, wine or brandy to the general public for consumption on or off the licensed premises. By way of example only, and without limitation, the local grower and/or manufacturer may sell beer, wine, and brandy produced on the licensed premises or contiguous properties, regardless of the origin of the source materials, to the general public for consumption. As a further example, the local grower and/or manufacturer may conduct beer, wine, or brandy tastings in compliance with applicable provisions of California law, including Business and Professional Code Sections 23356.1 and 23357.3. Minors are allowed on the premises (License Types 01, 02, and 23). Other types of alcoholic beverage sales and service not specifically described herein are subject to the requirements of this chapter.
(d) Eating and Seasonal Places: Premises such as restaurants or other eating places where beer, wine, and distilled spirits are sold for consumption on the licensed premises, as well as similar premises where beer and wine are sold for consumption off the licensed premises. To qualify for this exemption, food service is required in a lawful eating place during normal mealtimes, and minors are allowed on the premises. Normal mealtimes are 6:00 a.m. - 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five (5) days a week must serve meals on the days they are open (License Types 47, and 49). Other types of alcoholic beverage sales and service not specifically described herein are subject to the requirements of this chapter.
(e) Social Clubs: Premises where beer, wine and distilled spirits are sold solely to members and guests, and solely for consumption on the premises. Food service is not required, and minors are allowed on the premises (License Type 51). Off-sale privileges and other types of alcoholic beverage sales and service not specifically described herein are subject to the requirements of this article.
(f) Hotel/Motel Establishments: Premises where beer, wine and distilled spirits are sold or otherwise furnished for consumption on the premises to the establishment’s overnight transient occupancy guests or their invitees. Such premises will typically hold a license issued to “suite-type” hotels and motels, which exercise the license privileges for guests’ “complimentary” happy hour. Minors are allowed on the premises (License Type 70). Off-sale privileges and other types of alcoholic beverage sales and service not specifically described herein are subject to the requirements of this chapter.
(g) Bed and Breakfast Inn (Winery and Vineyards): Premises such as bed and breakfast inns where wine is sold to registered guests of the establishment for consumption on the premises. To qualify for this exemption, no beer or distilled spirits may be sold or otherwise furnished on the premises. Wine shall not be given away to guests, but the price of the wine may be included in the price of the accommodation. Removal of wine from the grounds is not permitted, and minors are allowed on the premises (License Type 67). Off-sale privileges and other types of alcoholic beverage sales and service not specifically described herein are subject to the requirements of this chapter.
(h) Bed and Breakfast Inn (General): Premises such as bed and breakfast inns that are not associated with a winery or vineyard where beer, wine and distilled spirits may be purchased by registered guests of the establishment for consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the alcoholic beverage may be included in the price of the accommodation. Removal of alcoholic beverages from the grounds is not permitted. Minors are allowed on the premises (License Type 80). Off-sale privileges and other types of alcoholic beverage sales and service not specifically described herein are subject to the requirements of this chapter.
(i) Temporary festivals/events, defined as lasting no more than three (3) consecutive days, where alcoholic beverages will be served are exempt from County regulation of alcoholic beverage sales under this chapter. However, under California law, any temporary festival/event that sells alcoholic beverages is required to apply for a temporary permit (221 Form) through the ABC office prior to the event. In addition, if there are more than one thousand (1,000) persons in attendance, the County requires an application and fee pursuant to Title 5, Chapter 12 for permitting of an “Outdoor Festival.”
(Ord. 1445, eff. August 14, 2014; as amended by § 17, Ord. 1466, eff. March 24, 2016)