(a) Proceedings regarding all Use Permit applications for the sale of alcohol or alcoholic beverages, including public hearings, shall be scheduled before the Zoning Administrator or the Planning Commission. The Zoning Administrator or the Planning Commission may approve, conditionally approve, or disapprove a Use Permit application for the sale of alcohol or alcoholic beverages. The Planning Commission shall act on Major Use Permit applications. The Zoning Administrator shall have the discretion to act on Minor Use Permit applications or, at his or her sole discretion, may refer the application to the Planning Commission. Notices of a public hearing shall be given as required by the Yolo County Code.
(b) A noticed public hearing shall also be held in connection with PCN determinations by the Zoning Administrator or the Planning Commission, whichever is authorized to hear Use Permit applications for the sale of alcohol in the zone where the applicant’s premises are located. Any such hearing shall be noticed in accordance with the requirements of California Government Code Section 6061. During a PCN determination hearing, the applicant shall be required to demonstrate, by substantial evidence, that the public convenience will be served by the issuance of a license. The applicant shall also be required to demonstrate, by substantial evidence, that the proposed sale of alcohol or alcoholic beverages shall be accomplished in a manner to eliminate or avoid any adverse issues identified through the review process required by Section 8-6.105, above.
(c) The public hearing may be continued from time to time. At the conclusion of the hearing, the deciding body shall determine whether the public convenience or necessity will be served by the issuance of a license for the applicant premises. Written notification signed by the Director of Planning, Public Works and Environmental Services, mailed to the ABC and the applicant, shall serve as the determination of public convenience or necessity by the local agency.
(d) The Zoning Administrator or the Planning Commission may determine that the public convenience or necessity will be met only if certain conditions are imposed upon the applicant through a conditional use permit as part of the application process in conjunction with the license to sell alcoholic beverages issued by ABC. Such conditions shall be included in the Zoning Administrator’s or the Planning Commission’s decision and communicated to the ABC within ninety (90) days from the date of initial notification by the applicant to the County regarding the application for a license to sell alcohol within the County.
The conditions may address any issue relating to the privileges to be exercised under the Use Permit. Specific conditions of operation may include, but are not limited to, the following: restrictions on the applicant’s qualifications; the age of patron(s) allowed on the premises; hours of operation; maximum occupancy; limitations on live music and dancing; evacuation planning; security measures; persons loitering on the premises; parking lot patrols; externally visible advertising signs; and employee training for responsible beverage sales.
If conditions are imposed, any finding of public convenience or necessity shall clearly state that it is contingent upon the imposition of such conditions through the Use Permit in conjunction with the license issued by the ABC. In addition to the Use Permit, the County may request that conditions be imposed on the ABC license through a Letter of Protest and must be filed as follows:
(1) A Letter of Protest must be filed within thirty (30) days from the “Copies Mailed Date” that appears on the Application for Alcoholic Beverages License(s) that is filed with ABC; or within thirty (30) days of the placement of the required posted notification on the subject premises that indicates that an ABC license is pending; or within thirty (30) days from the date the applicant provides written notification to the surrounding properties within a five hundred (500) foot radius of the subject premises, whichever is later.
(2) The local agency may request a twenty (20) day extension to the Letter of Protest notification period.
(Ord. 1445, eff. August 14, 2014)