Chapter 11.39
SALES OF ALCOHOLIC BEVERAGES
Sections:
11.39.010 Findings and purpose of chapter.
11.39.020 Definitions.
11.39.030 Sales of alcoholic beverages--Conditional use permit required.
11.39.040 Applicability of this chapter.
11.39.050 Conditional use permits for on-sale liquor establishments.
11.39.060 Conditional use permits for off-sale liquor establishments.
11.39.070 Conditional use permits for public assemblies where alcoholic beverages are to be served.
11.39.080 Suspension or revocation of conditional use permits issued to establishments selling alcoholic beverages.
11.39.090 Existing nonconforming uses.
11.39.100 Suspension and revocation of business licenses issued to establishments selling alcoholic beverages which operate as existing nonconforming uses.
11.39.010 Findings and purpose of chapter.
A. The city council hereby finds and determines that business establishments and organizations engaged in the sale of alcoholic beverages for consumption on-premises or off-premises frequently generate or contribute to problems which adversely affect the health, peace or safety of the city’s 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 and structures, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, excessive littering, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, police detentions or arrests, and the deterioration of neighborhoods in which such establishments and business premises are located.
B. The purpose of this chapter is to protect the health, safety and welfare of the community by (i) 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 (ii) 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.
(Ord. 1923 § 1 (part), 10-27-92)
11.39.020 Definitions.
Except where the context otherwise requires, the definitions hereafter set forth shall govern the construction and interpretation of this chapter:
A. "Bona fide public eating place" means a business enterprise, operated as a restaurant, which is conducted, or is proposed to be conducted, in compliance with the following requirements:
1. The issuance by the California Department of Alcoholic Beverage Control of a type 41 or a type 47 license;
2. A kitchen and a dining area that constitute permanent and identifiable portions of the business premises;
3. A printed menu which is provided to patrons for the purpose of ordering meals;
4. Not less than fifty-one percent of the gross annual income of the business enterprise is derived from the sale of food and nonalcoholic beverages;
5. At least one full-time cook is engaged by the business enterprise to prepare meals for patrons on the premises during the permissible hours of operation;
6. The business premises do not contain any drive-up or take-out windows;
7. Any bar or cocktail lounge operated by the business enterprise is separated from the dining area by a wall or other partition;
8. The business premises do not contain any pool tables, video games, or other coin-operated amusement devices.
B. "Minimart" means a business establishment not connected with a petroleum products service station which has a building area of five thousand square feet or less and which is characterized by retail sales of prepackaged food products, household items, or food items, such as fresh meat or produce.
C. "Off-sale liquor establishment" means any establishment which is making application for or which has obtained a retail liquor license from the California Department of Alcoholic Beverage Control authorizing the sale of alcoholic beverages for consumption off the premises in original, sealed containers. Such retail liquor licenses include type 20 (off-sale beer and wine) and type 21 (off-sale general).
D. "On-sale liquor establishment" means any establishment wherein alcoholic beverages are sold, served or given away for consumption on premises licensed, or proposed to, be licensed, by the California Department of Alcoholic Beverage Control. Such retail liquor licenses include:
Type 40 (On-Sale Beer);
Type 41 (On-Sale Beer and Wine Eating Establishment);
Type 42 (On-Sale Beer and Wine Public Premises--No Minors);
Type 47 (On-Sale General Eating Establishment--Beer, Wine and Distilled Spirits);
Type 48 (On-Sale General Public Premises--Beer, Wine, Distilled Spirits--No Minors);
Type 51 (Club);
Type 52 (Veterans Club);
Type 63 (Hospital--Beer and Wine).
E. "Take-out restaurant" shall mean a business enterprise, operated as a restaurant, which is conducted, or proposed to be conducted, in the following manner:
1. The principal business consists of the preparation and sale of food or meals for off-site consumption;
2. The business premises contain a drive-up, walkup, or take-out window;
3. Disposable eating utensils and containers, whether of plastic, paper, styrofoam, or other similar materials, are provided to patrons of the business enterprise in conjunction with the sale of food or meals.
(Ord. 1923 § 1 (part), 10-27-92)
11.39.030 Sales of alcoholic beverages--Conditional use permit required.
Notwithstanding any provisions to the contrary contained in Title 11 of the municipal code, a conditional use permit shall be required for all sales of alcoholic beverages within the boundaries of the city of South Gate, whether for consumption onsite or off-site, and whether at retail or in conjunction with an event or activity involving a public assembly.
(Ord. 1923 § 1 (part), 10-27-92)
11.39.040 Applicability of this chapter.
This chapter applies to:
A. Establishments that do not currently sell, but propose to sell, alcoholic beverages;
B. Establishments that currently sell alcoholic beverages but which propose to change the type of alcoholic beverages to be sold, thus necessitating a change in the type of retail liquor license within a license classification;
C. Establishments that currently sell alcoholic beverages, whether as an existing nonconforming use or pursuant to a conditional use permit, if there is a substantial change in the mode or character of operation of the establishment, which includes, but is not limited to:
1. A ten percent increase in floor area,
2. An increase of twenty-five percent in the seating capacity of any bona fide public eating place operated as a restaurant,
3. An increase of twenty-five percent in the shelf area used for the display of alcoholic beverages;
D. Establishments located in a C or M zone which have been abandoned or have discontinued operations for a period of one hundred twenty days; provided, however, that any such establishment engaged in the sale of alcoholic beverages, and operating as an existing nonconforming use in a C or M zone prior to the date that a conditional use permit was first required in such zone, shall not be permitted to recommence operations, and the use of the structure or site shall thereafter be in conformity with the zone in which it is located. The burden of proof shall be upon the applicant to substantiate when such establishment was in operation;
E. Any public assembly relating to an event or activity where an alcoholic beverage is to be sold, served, given away or consumed, and which involves the rental, lease, donation or other temporary acquisition and occupation of a building or structure or hall, or any portion thereof, unless an exemption is applicable.
(Ord. 1923 § 1 (part), 10-27-92)
11.39.050 Conditional use permits for on-sale liquor establishments.
A. Conditional Use Permit Required. Any land use which is identified in any chapter of this Title 11 as a permitted use, and which authorizes a business enterprise to engage in the retail sale of alcoholic beverages as an on-sale liquor establishment, such as a restaurant operating as a bona fide public eating place, or a cocktail lounge, or a beer bar, shall be permitted only upon such conditions as the city planning commission, or, on appeal, the city council, shall in advance and by written resolution deem necessary and appropriate, which shall include the mandatory conditions set forth in subsections D and E of this section, as applicable.
B. Prohibition on Issuance of Conditional Use Permit to Take-out Restaurants. No conditional use permit shall be issued to, and no application for such conditional use permit shall be accepted from, any business enterprise which proposes to engage in the retail sale of alcoholic beverages as an on-sale liquor establishment and which falls within the definition of a takeout restaurant as set forth in Section 11.39.020(E).
C. Restrictions on Concentration of Certain On-sale Liquor Establishments. No conditional use permit shall be issued for an on-sale liquor establishment, and no application for such conditional use permit shall be accepted, unless the proposed on-sale liquor establishment meets the locational and distance requirements set forth herein. If the on-sale liquor establishment is a cocktail lounge, beer bar, or similar business enterprise which proposes to conduct business operations under a type 40, type 42, or type 48 license issued by the California Department of Alcoholic Beverage Control, said on-sale liquor establishment shall be located as follows:
1. At least one thousand feet from any similar on-sale liquor establishment. Said distance shall be measured from main entrance to main entrance of the buildings involved;
2. At least one thousand feet from any existing church, temple or other place of worship, school, hospital, park or playground. Said distance shall be measured from property line to property line of the parcels involved.
D. Mandatory Conditions of Approval. The city planning commission shall impose on any conditional use permit issued under this section the following mandatory conditions:
1. The premises shall be maintained at all times in a neat and orderly manner.
2. Trash receptacles shall be provided in such number and at such locations as may be specified by the city planning commission.
3. No alcoholic beverages shall be sold, dispensed or offered for consumption except within the permitted premises, which shall consist of a wholly enclosed building.
4. The exterior appearance of the permittee’s premises shall be designed and maintained in a manner consistent with the exterior appearance of commercial properties already constructed or under construction within the immediate neighborhood so as not to cause blight or deterioration, or to substantially diminish or impair property values within the neighborhood.
5. The permittee shall comply with all state statutes, rules and regulations relating to the sale, purchase, display, possession and consumption of alcoholic beverages.
6. The permittee shall acknowledge and agree that the city has a legitimate and compelling governmental interest in permittee’s strict compliance with all conditions imposed upon the permit, including adherence to state statutes, rules and regulations as specified in subdivision 5 of this subsection. The permittee shall further acknowledge and agree that any violation of a state statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor has been determined by the city to have a deleterious secondary effect upon (i) the specific land use requested by the permittee and authorized by the city; (ii) the compatibility of permittee’s authorized land use with adjacent land uses; and (iii) the welfare and safety of the general public within the city. In view of such deleterious secondary effects, permittee shall acknowledge that the city has specifically reserved the right and authority to impose sanctions, including suspension or revocation of the conditional use permit, as a consequence of one or more violations of a state statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor.
7. The permit shall be subject to review for compliance with all conditions of issuance at such intervals as the city planning commission shall deem appropriate, and the first such review shall take place not later than six months after issuance of the permit.
8. The permit shall, after notice to the permittee and an opportunity to be heard, be subject to the imposition of such additional conditions as may be imposed by the city planning commission or, upon appeal, by the city council, to address problems of land use compatibility, security, or crime control that have arisen since the issuance of the permit.
E. Additional Mandatory Conditions Relating to On-sale Liquor Establishments Operating as Bona Fide Public Eating Places. The city planning commission shall impose on any conditional use permit issued under this section to an on-sale liquor establishment operating as a bona fide public eating place the following additional mandatory conditions:
1. The kitchen shall be maintained at all times in a clean and sanitary condition.
2. Adequate refrigeration shall be maintained at all times for the preservation of food on the permittee’s premises.
(Ord. 1923 § 1 (part), 10-27-92)
11.39.060 Conditional use permits for off-sale liquor establishments.
A. Conditional Use Permit Required. Any land use which is identified in any chapter of this Title 11 as a permitted use, and which authorizes a business enterprise to engage in the retail sale of alcoholic beverages as an off-sale liquor establishment, shall be permitted only upon such conditions as the city planning commission, or, on appeal, the city council, shall in advance and by written resolution deem necessary and appropriate, which shall include the mandatory conditions set forth in subsections C, D, and E of this section, as applicable.
B. Restrictions on Concentration of Off-sale Liquor Establishments. No conditional use permit shall be issued to an off-sale liquor establishment, and no application for such conditional use permit shall be accepted, unless the proposed off-sale liquor establishment is located five hundred feet, or more, from any other off-sale liquor establishment, as measured from main entrance to main entrance of the buildings involved, and five hundred feet, or more, from any existing church, temple or other place of worship, school, hospital, park or playground, as measured from property line to property line of the parcels involved. This five-hundred foot distance requirement shall not be applicable to the following establishments:
1. An off-sale liquor establishment which is located within a retail shopping center of two acres (eighty-seven thousand one hundred twenty square feet), or more;
2. An off-sale liquor establishment which, as of the effective date of this chapter, is conducting business operations as an existing nonconforming use, without a conditional use permit, and thereafter, within a one-year period, submits an application for and obtains, a conditional use permit for such operations;
3. An establishment which proposes to engage in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption, as to which the more restrictive distance requirements stated herein shall be applicable. No petroleum product service station shall be issued a conditional use permit to engage in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption unless such establishment is located six hundred (600) feet, or more, from any property zoned as residential (R-1, R-2, R-3 and R-4), and from any existing church, temple or other place of worship, school, hospital, park, playground, and any other off-sale liquor establishment. Said distance shall be measured from property line to property line of the parcels involved.
C. Mandatory Conditions of Approval. The city planning commission shall impose on any conditional use permit issued under this section the following mandatory conditions:
1. No inventory, materials, merchandise or supplies shall be stored or displayed except within a wholly enclosed building;
2. The premises shall be maintained at all times in a neat and orderly manner;
3. Trash receptacles shall be provided in such number and at such locations as may be specified by the city planning commission;
4. No alcoholic beverages, including beer and wine, shall be consumed on the premises;
5. Employees selling alcoholic beverages between seven a.m. and two a.m. shall be of such age, and subject to such supervision, as is specified in Section 23663(b) of the Business and Professions Code;
6. The owner-operator or lessee of the permitted business establishment shall be responsible for the conduct of all employees, including their education concerning ABC regulations and municipal code provisions pertaining to sales of alcohol (i.e., verification of age of purchaser);
7. The exterior appearance of the permittee’s premises shall be designed and maintained in a manner consistent with the exterior appearance of commercial premises already constructed or under construction within the immediate neighborhood so as not to cause blight or deterioration, or to substantially diminish or impair property values within the neighborhood;
8. The permittee shall comply with all state statutes, rules and regulations relating to the sale, purchase, display, possession and consumption of alcoholic beverages;
9. The permittee shall acknowledge and agree that the city has a legitimate and compelling governmental interest in permittee’s strict compliance with all conditions imposed upon the permit, including adherence to state statutes, rules and regulations as specified in subdivision 8 of this subsection. The permittee shall further acknowledge and agree that any violation of a state statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor has been determined by the city to have a deleterious secondary effect upon (i) the specific land use requested by the permittee and authorized by the city; (ii) the compatibility of permittee’s authorized land use with adjacent land uses; and (iii) the welfare and safety of the general public within the city. In view of such deleterious secondary effects, permittee shall acknowledge that the city has specifically reserved the right and authority to impose sanctions, including suspension or revocation of the conditional use permit, as a consequence of one or more violations of a state statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor;
10. The permit shall be subject to review for compliance with all conditions of issuance at such intervals as the city planning commission shall deem appropriate, and the first such review shall take place not later than six months after issuance of the permit;
11. The permit shall, after notice to the permittee and an opportunity to be heard, be subject to the imposition of additional conditions following its issuance, which additional conditions may be imposed by the city planning commission, or, upon appeal, by the city Council, to address problems of land use compatibility, security, or crime control that have arisen since the issuance of the permit.
D. Additional Mandatory Conditions Relating to Off-Sale Liquor Establishments Operating as Minimarts. The city planning commission shall impose on any conditional use permit issued under this section to an off-sale liquor establishment operating as a minimart the following additional mandatory conditions:
1. No telephone accessible to the general public shall be installed within the premises of the permittee or in any location adjacent to such premises.
2. No arcade-type games, including video games, shall be installed or operated on the premises of the permittee.
E. Additional Mandatory Conditions Relating to Off-Sale Liquor Establishments Which Operate as Petroleum Product Service Stations. The city planning commission shall impose on any conditional use permit issued under this section, and in compliance with Section 23790.5(c) of the Business and Professions Code, to an establishment engaged in the concurrent sale of motor vehicle fuel with beer and wine for off-premises consumption, the following mandatory conditions:
1. No beer or wine shall be displayed within five feet of the cash register or the front door of the permitted premises unless displayed in a permanently affixed cooler.
2. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
3. No sale of alcoholic beverages shall be made from drive-in window.
4. No display of beer or wine shall be made from an ice tub.
5. No beer or wine advertising shall be located on motor fuel islands, and no self-illuminated advertising for beer or wine shall be located on buildings or windows.
6. No distilled alcohol shall be sold at any time.
7. No wine with alcohol levels in excess of nine percent shall be sold at any time in bottles having a capacity of less than seven hundred fifty milliliters.
8. Employees on duty between the hours of ten p.m. and two a.m. shall be at least twenty-one years of age to sell alcoholic beverages.
9. No sales of beer, wine or spirits shall be permitted between the hours of two a.m. and six a.m.
10. The permittee shall acknowledge and agree that the city has a legitimate and compelling governmental interest in permittee’s strict compliance with all conditions imposed upon the permit, including adherence to state statutes, rules and regulations as specified in section 23790.5(c) of the Business and Professions code. The permittee shall further acknowledge and agree that any violation of a state statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor has been determined by the city to have a deleterious secondary effect upon (i) the specific land use requested by the permittee and authorized by the city; (ii) the compatibility of permittee’s authorized land use with adjacent land uses; and (iii) the welfare and safety of the general public within the city. In view of such deleterious secondary effects, permittee shall acknowledge that the city has specifically reserved the right and authority to impose sanctions, including suspension or revocation of the conditional use permit, as a consequence of one or more violations of a state statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor.
11. The owner-operator or lessee of the permitted business establishment shall be responsible for the conduct of all employees, including their education concerning ABC regulations and municipal code provisions pertaining to sales of alcohol (i.e., verification of age of purchaser).
(Ord. 1923 § 1 (part), 10-27-92)
11.39.070 Conditional use permits for public assemblies where alcoholic beverages are to be served.
A. In connection with any event or activity where a building or structure or hall, or any portion thereof, is to be rented, leased, donated, or otherwise obtained and occupied for the purpose of a public assembly, and any alcoholic beverage is to be sold, served, given away, or consumed at such assembly, a conditional use permit shall be applied for and obtained, unless the exemption set forth in paragraph C hereof is applicable.
B. A conditional use permit issued pursuant to this section shall contain such conditions as the city planning commission, or, on appeal, the city council, shall in advance and by written resolution deem necessary and appropriate to protect the public health, welfare and safety.
C. The provisions of this section shall not be applicable to any bona fide nonprofit organization which, in the course of any calendar year, conducts an event or activity not more than one day each month, or not more than twelve days in such calendar year, and such event or activity requires that a building or structure or hall, or any portion thereof, be rented, leased, donated or otherwise obtained, and any alcoholic beverage is to be sold, served, given away or consumed at such event or activity; provided, however, that any such bona fide nonprofit organization shall submit to the city, not less than thirty days prior to such event or activity, an application for a special permit authorizing such event or activity.
(Ord. 1923 § 1 (part), 10-27-92)
11.39.080 Suspension or revocation of conditional use permits issued to establishments selling alcoholic beverages.
If the conditions of any conditional use permit issued pursuant to this chapter are violated by the permittee, or by anyone acting under the authority of the permittee, the city planning commission shall, in accordance with the procedures set forth in Chapter 11.46 of this title, and following a duly noticed public hearing at which the permittee is given the opportunity to be heard, be authorized to take the following actions:
A. If the violation relates to any condition based upon or related to a state statute, rule, or regulation concerning the sale to or consumption of alcoholic beverages by a minor, the city planning commission shall, upon the first violation, suspend the permit for fifteen days; upon any second violation occurring within three years of the first violation, the permit shall be suspended for sixty days; and upon any third violation occurring within three years of the second violation, the permit shall be revoked.
B. If the violation relates to any condition, other than a state statute, rule or regulation concerning the sale to or consumption of alcoholic beverages by a minor, the city planning commission may, in its discretion, suspend or revoke the permit, revoke and reissue the permit with new or modified conditions, or modify the conditions of the existing permit, as may be appropriate under the circumstances.
C. The city planning commission may impose, as a condition of the continuation, reinstatement or reissuance of any permit, a requirement that the permittee reimburse the city for all costs and expenses reasonably incurred in investigating, identifying, and documenting the violation and in processing information concerning the violation for presentation to the city planning commission, and, upon any appeal, to the city council.
D. For the duration of any suspension of a conditional use permit authorized hereunder, the city planning commission, or, upon any appeal, the city council, may direct the permittee to post a sign on the premises of the establishment relating to such suspension. The size, content and location of such sign shall be as specified by the director of community development.
(Ord. 1923 § 1 (part), 10-27-92)
11.39.090 Existing nonconforming uses.
Any lot, parcel or portion thereof being lawfully used for the operation of an off-sale liquor establishment or an on-sale liquor establishment, as defined in Section 11.39.020 hereof, at the time the property was first classified in a zone wherein such use was not permitted by right, or at the time the use was prohibited by reason of an amendment to any chapter of this Title 11 which changed the permitted uses within the zone, shall be deemed to be an approved site for such business operations if, within a one-year period after the effective date of this chapter, an application for a conditional use permit for such operations is applied for and obtained; provided, however, that nothing contained in this section shall be deemed to preclude the applicability of the provisions of Section 11.39.040(D) to establishments whose operations have been abandoned or discontinued for a period of one hundred twenty days, or more.
(Ord. 1923 § 1 (part), 10-27-92)
11.39.100 Suspension and revocation of business licenses issued to establishments selling alcoholic beverages which operate as existing nonconforming uses.
A. With regard to any establishment engaged in the sale of alcoholic beverages which is operating as an existing nonconforming use as described in Section 11.39.090 hereof, the city planning commission may, following a duly noticed public hearing at which the owner or operator of the business establishment is given the opportunity to be heard, recommend to the city’s director of finance, or to the city council, or both, that the business license for such establishment be modified, suspended or revoked, if the city planning commission finds that the existing nonconforming use, as operated or maintained:
1. Jeopardizes, endangers or adversely affects the health, peace or safety of persons residing or working in the surrounding area; or
2. Constitutes a public nuisance; or
3. Has resulted in repeated nuisance activities including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests; or
4. Violates any applicable provisions of this chapter, or any other city, state or federal regulation, ordinance or statute.
B. The recommendation of the city planning commission to the director of finance, or to the city council, or both, to modify, suspend or revoke a business license, as authorized hereunder, shall be supported by written findings which may include the following:
1. A finding that prior governmental efforts to persuade or compel the business licensee to eliminate or mitigate the problems associated with the use have failed; and
2. A finding that the business licensee has failed to demonstrate, to the satisfaction of the city planning commission, the willingness and ability to eliminate or mitigate the problems associated with the use.
C. An appeal from the recommendation of the city planning commission, or from any notice of intended modification, suspension or revocation thereafter given by the director of finance to the business licensee, may be taken to the city council in the same manner as prescribed in the applicable provisions of Chapter 2.08 of Title 2 of this code.
D. Notwithstanding the provisions of this section, if it is established by the business licensee to the satisfaction of the city council that the action recommended by the city planning commission, or by the director of finance, or both, impairs the constitutional rights of any person, then the recommended action shall be modified accordingly.
E. Upon any revocation of a business license by the city council in accordance with the provisions of this section, the property thereby affected shall be subject to all regulations of the zone in which such property is located, as established in Title 11 of this code.
F. Nothing contained in this section shall be deemed to affect or supersede the concurrent authority of the health officer, the director of building and safety, or the director of finance to suspend, or to recommend the suspension of, a business license in accordance with the applicable provisions of Chapter 2.08 of Title 2 of this code, or any other provisions of law.
G. The procedures specified in this section are intended to be cumulative with and in addition to all other available remedies for the abatement of certain public nuisance activities and the abatement of nonconforming building uses or structures which have become public nuisances or which are being operated or maintained in violation of other provisions of law.
H. It shall be unlawful for a business licensee to violate or fail to comply with any requirement or condition imposed by final action of the city council pursuant to this section. Such violation or failure to comply shall constitute a violation of this chapter and shall be subject to the same penalties as any other violation of this code.
(Ord. 1923 § 1 (part), 10-27-92)