Chapter 17.100
ALCOHOL BEVERAGE SALES USES
Sections:
17.100.030 Modifications to existing businesses.
17.100.040 Location restrictions for new businesses.
17.100.050 Standards of operation.
17.100.070 Loitering and other nuisance activities.
17.100.010 Purpose.
The purpose of this chapter is to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare of the city of Kerman by setting standards for all retail activity which includes the sale or dispensing of alcoholic beverages for on-sale liquor or off-sale liquor. Uses that involve the sale or dispensing of alcoholic beverages may possess certain characteristics that have the potential to cause deleterious effects and nuisances on surrounding neighborhoods and businesses, especially when alcohol beverage sales are concentrated in close proximity. In order to ensure that establishments operate in a manner that is mutually beneficial to surrounding uses and to also provide a mechanism to prevent and correct any associated problems, the following special regulations shall apply. (Ord. 23-01 §6, 2023).
17.100.020 Applicability.
A. Conditional Use Permit Requirement. Businesses seeking to sell alcoholic beverages for either on-site or off-site consumption, whether as a new, altered, or expanded use, shall obtain a conditional use permit for alcohol sales pursuant to this chapter.
B. New or Expanded Use. A conditional use permit in compliance with this chapter shall be required for:
1. Any proposed new establishment that wishes to engage in alcohol beverage sales as defined in Section 17.90.020;
2. Any existing establishment that requests to modify its alcohol or business license type(s);
3. Any existing establishment that requests to reinstate their ABC license from the California Department of Alcoholic Beverage Control after an expiration or revocation;
4. Any existing establishment that requests to extend their hours of alcohol sales, or expand their floor area for retail sales of alcohol. An existing business that expands their floor area for non-alcohol-related retail sales is allowed to retain the conditions on their existing conditional use permit in relation to alcohol requirements. Should a business not comply with the strict application of the regulations provided for in this chapter, said improvements shall be made prior to commencing the sale of alcoholic beverages. Violation of these standards at any time may result in the revocation of a conditional use permit.
C. Exemptions. This chapter does not apply to the following: temporary uses issued a temporary license by the California Department of Alcoholic Beverage Control and established in compliance with all city laws and ordinances.
D. The planning commission shall take into consideration the police chief’s determination, based upon quantifiable information, that the proposed use: (1) would be detrimental to the public health, safety, comfort, or welfare of persons located within five hundred feet of the site; or (2) would significantly increase the severity of existing law enforcement or public nuisance problems in the area (e.g., increase in service calls related to public intoxication, nuisance, vagrancy, or loitering). (Ord. 23-01 §6, 2023).
17.100.030 Modifications to existing businesses.
A modification to an existing alcohol beverage sales business increasing the floor ratio for alcohol sales shall not be permitted when a condition exists that has caused or resulted in repeated activities that are harmful to the health, peace, or safety of persons residing or working in the surrounding area. In this section, the term “increasing the floor area ratio” also includes adding outdoor dining. (Ord. 23-01 §6, 2023).
17.100.040 Location restrictions for new businesses.
The location restrictions listed in this chapter apply to new establishments and shall also apply to existing establishments that must obtain a CUP pursuant to this chapter due to proposed expansion or improvement of an existing use that is currently operating prior to the effective date of this chapter. The restrictions shall not apply if the proposed expansion or improvement is only with respect to a necessary maintenance or repair, or bringing the existing establishment into compliance with current building codes, including but not limited to the California Building Code, the California Fire Code, California Plumbing Code, and the California Electrical Code, as may be amended, and any local amendments thereto.
A. New On-Sale. In over-concentrated census tracts, where findings for public convenience or necessity are required for an on-sale ABC license, the following limitations shall apply:
1. No new ABC licenses shall be permitted within five hundred feet of the property line of a school, daycare facility, or church.
B. New Off-Sale. In over-concentrated census tracts, where findings for public convenience or necessity are required for an off-sale ABC license, the following limitations shall apply:
1. Not more than two of different business type/use within five hundred feet of each other shall be permitted, i.e., grocery store/convenience store;
2. Not more than two of the same business type/use within one thousand feet of each other shall be permitted, i.e., convenience store/convenience store.
3. No new off-sale ABC licenses shall be permitted within one thousand feet of a school, daycare facility, or church. (Ord. 23-01 §6, 2023).
17.100.050 Standards of operation.
The following standards of operation shall constitute conditions of approval for conditional use permits under this chapter and include, but are not limited to:
A. Lighting. The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the establishment, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, required illumination shall be placed and/or shielded in a way that minimizes interference with the neighboring residences.
B. Litter and Graffiti.
1. Trash and recycling receptacles shall be provided by public entrances and exits from the building.
2. The owner or operator shall provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within twenty feet of the premises.
3. The owner or operator shall remove graffiti within forty-eight hours.
C. Vending Machines. External snack vending machines are prohibited.
D. Video Surveillance.
1. Establishments must equip a fully functional color digital video camera system.
2. The system must continuously record, store, and be capable of playing back images and be fully functional at all times, including during any hours the business is closed. The system must be maintained in a secured location inside of the business.
3. The system shall have the correct date and time stamped onto the image at all times.
4. The camera storage capacity should be for at least two weeks (fourteen calendar days). Such cameras must be capable of producing a retrievable and identifiable image that can be made a permanent record and that can be enlarged through projection or other means.
5. If utilizing a digital video recorder, it must be capable of storing no less than fourteen days of real-time activities.
6. The system shall be capable of producing a CD or digital playback feature and may be provided to an authorized representative of the Kerman police department within twenty-four hours of the initial request relating to a criminal investigation only.
7. The interior of the business must have at least one camera placed to focus on each cash register transaction to include the clerk as well as the customer waiting area.
8. There shall be four exterior cameras placed so as to record activities in the primary customer parking areas of their business. These cameras should be of sufficient quality to be able to identify persons and or vehicles utilizing the business parking lot.
9. All interior cameras shall record in color.
10. All exterior cameras shall record in color and have automatic low light switching capabilities to black and white. Exterior cameras should be in weatherproof enclosures and located in a manner that will prevent or reduce the possibility of vandalism. (Ord. 23-01 §6, 2023).
17.100.060 Signage.
A. The provisions specified under Chapter 17.76, Signs, and this section shall apply to signage for conditional use permits under this chapter. Where conflicts may occur between the provisions of Chapter 17.76 and this section, the more restrictive provisions shall govern.
B. The following copy is required to be prominently posted in a readily visible manner on the business site:
1. “California State Law Prohibits the Sale of Alcoholic Beverages to Persons Under 21 Years of Age.”
2. “No Loitering is Allowed On or In Front of These Premises.”
3. “No Open Alcoholic Beverage Containers are Allowed on These Premises.” (Off-sales only)
C. No more than fifteen percent of the total window and clear door shall be obstructed by advertising, signs, or other obstructions of any sort.
1. Signage, advertising, or other obstructions inside or outside the business that are not physically attached to the windows or doors, but are visible from a public thoroughfare, sidewalk, or parking lot in the same manner as if they were physically attached, is included in the fifteen percent limitation.
2. Any signage required by law shall not count towards the fifteen percent limitation, but shall nonetheless follow rules related to visual obstruction.
3. Advertising and signage on windows and clear doors shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the business, including the area in which the cash registers are maintained, from exterior public sidewalks, parking lots, or entrance to the business.
4. No off-sale ABC business shall advertise alcohol sales in a manner visible from the outside of the establishment, such as from a public thoroughfare, sidewalk, or parking lot.
5. Displays of alcoholic beverages, freestanding advertising structures of any kind such as cardboard floor stands, or other freestanding signs shall be prohibited within ten feet of consumer entrance points, shall not be visible from the exterior of the establishment, and shall be prohibited on the exterior of the establishment.
D. No more than twenty-five square feet or ten percent of the total on-building signage, whichever is less, shall be allowed for the advertising of alcohol sales. This shall not include signage related to the business and or tenant name. All on-building signage associated with alcohol beverage sales businesses shall be LED pan channel letters or of equal or better quality. (Ord. 23-01 §6, 2023).
17.100.070 Loitering and other nuisance activities.
The operation of the business shall not result in criminal activity or repeated nuisance activities on the property, which may include, but are not limited to, repeated disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, alcoholic beverage and tobacco sales to minors, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, graffiti, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations, curfew violations, lewd conduct, or other violations of city, state, or federal laws, especially when contributing to a high rate of police reports and arrests to the area. This section shall not apply to operators where offenses are the result of third party conduct beyond the operators’ control.
A. Training. The owners and all employees of a business who are involved in the sale of alcoholic beverages must complete approved course(s) in training of liquor sales and handling within sixty days after approval of the conditional use permit becomes final, or for employees hired after the approval of the conditional use permit, within sixty days from the date of hire. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying or licensing body designated by the state of California. (Ord. 23-01 §6, 2023).