Chapter 14-25
ALCOHOL RELATED USES

Sections:

14-25.010    Purpose.

14-25.020    Minimum operational standards.

14-25.021    Operational standards: All Alcohol Sales Establishments

14-25.022    Operational standards: On-sale Alcohol Sales Establishment.

14-25.023    Operational standards: Off-sale Alcohol Sales Establishments.

14-25.030    Operational changes.

14-25.040    Separation requirements.

14-25.050    Time limits.

14-25.060    Exceptions.

14-25.010 Purpose.

The Council finds that this chapter will promote the peace, tranquility, health, safety and general welfare of the community by providing for the orderly integration of alcohol-related uses into the community, which otherwise have significant potential to create health and safety problems and other social problems when the use is abused. This chapter is intended to reduce the existing and potential for alcohol-related environmental and social problems by regulating the use, operation and location of new establishments selling alcoholic beverages in relation to one another and their proximity to sensitive uses and facilities customarily to be used by children and families. Additionally, potential unequal treatment of similar applicants is intended to be limited through the imposition of minimum uniform conditions, time limits for compliance and upon all establishments selling alcoholic beverages which are subject to Conditional Use Permits.

(Ord. 1135-02 C-M, eff. September 10,2002)

14-25.020 Minimum operational standards.

The following Operational Standards shall regulate the development of alcohol-sales establishments after the date of final adoption of this chapter. Requests for modification or exception to the following Operational Standards may be considered by the Zoning Administrator or Planning Commission at the time of application upon showing good cause.

(Ord. 1135-02 C-M, eff. September 10, 2002)

14-25.021 Operational standards: All Alcohol Sales Establishments.

The following Operational Standards shall apply to all alcohol sales establishments and be effective upon approval of a Conditional Use Permit for the sale of alcohol, unless excused upon a showing of good cause:

(1)    Compliance with all conditions of any Alcoholic Beverage Control license.

(2)    No exterior pay phones.

(3)    No incoming calls on pay phones.

(4)    Compliance with all conditions of applicable Entertainment, Amplified Music, or Special Event Permits issued by the City.

(Ord. 1135-02 C-M, eff. September 10, 2002)

14-25.022 Operational standards: On-sale Alcohol Sales Establishments.

(a)    The following Operational Standards shall apply to all on-sale alcohol sales establishments:

(1)    Businesses proposing the use of pool tables, are subject to Section 5-16.07 of the Watsonville Municipal Code.

(2)    Drive-through service of alcohol is prohibited.

(b)    In addition to those standards noted in Subsection (a) above, the following operational standards shall apply to the specific categories of on-sale alcohol sales establishments:

(1)    Restaurant: Operational Standards set forth in Sections 14-25.020 through 14-25.023 inclusive of the Watsonville Municipal Code shall not apply without a showing of good cause.

(2)    Restaurant with beer and wine sales:

(i)    Distinct bar areas are prohibited.

(ii)    Beer and wine sales are only permitted with the purchase of food.

(3)    Restaurant with liquor sales:

(i)    Beer, wine, and liquor sales are only permitted with the purchase of food.

(ii)    Distinct bar areas are prohibited.

(4)    Restaurant with bar:

(i)    No separate entrance to the bar area is permitted.

(ii)    Bar area shall not exceed thirty percent (30%) of the gross floor area of the dining room.

(iii)    A partial or complete physical barrier shall be provided between the bar and dining area of the restaurant.

(iv)    Exterior security cameras shall be installed, maintained in good working order and operated as directed by the Chief of Police.

(v)    No portion of the ground floor of interior or exterior windows shall be obscured by paint, walls, window tinting, or other masking device. This subsection is intended to facilitate views of the interior from the exterior for public safety, and does not prohibit neon signs, minimal window borders, or other signs or decorations that are consistent with City sign regulations and do not obscure views.

(vi)    The restaurant shall remain accessible to minors during all hours of operation.

(5)    Bar:

(i)    Exterior security cameras shall be installed, maintained in good working order and operated as directed by the Chief of Police.

(ii)    Except as may be specifically allowed by this Code, no portion of the ground floor windows shall be obscured by paint, walls, window tinting, or other masking device. This subsection is intended to facilitate views of the interior from the exterior for public safety, and does not prohibit neon signs, minimal window borders, or other signs or decorations that are consistent with City sign regulations and do not obscure views.

(Ord. 1135-02 C-M, eff. September 10, 2002)

14-25.023 Operational standards: Off-sale Alcohol Sales Establishments.

The following Operational standards shall apply to all off-sale alcohol sales establishments including grocery stores:

(a)    Exterior security cameras shall be installed, maintained in good working order and operated as directed by the Chief of Police.

(b)    In addition to those standards noted in Subsection (a) above, the following Operational Standards shall apply to specific types of off-sale alcohol sales establishments listed:

(1)    Convenience store with beer and wine sales:

(i)    Malt beverage and fortified wine shall not be sold in containers with a volume exceeding sixteen (16) ounces.

(ii)    The sale of individual containers of malt beverage or fortified wine is prohibited.

(iii)    Alcoholic beverages may be displayed and sold from an ice tub or similar display mode only between the hours of 11:30 a.m. and 2:00 p.m.

(iv)    Except as may be specifically allowed by this Code, no portion of the ground floor windows shall be obscured by paint, walls, window tinting, or other masking device. This subsection is intended to facilitate views of the interior from the exterior for public safety, and does not prohibit neon signs, minimal window borders, or other signs or decorations that are consistent with City sign regulations and do not obscure views.

(2)    Convenience store with liquor sales.

(i)    Malt beverage and fortified wine shall not be sold in containers with a volume exceeding sixteen (16) ounces.

(ii)    The sale of individual containers of malt beverage or fortified wine is prohibited.

(iii)    Alcoholic beverages may be displayed and sold from an ice tub or similar display mode only between the hours of 11:30 a.m. and 2:00 p.m.

(iv)    Except as may be specifically allowed by this Code, no portion of the ground floor windows shall be obscured by paint, walls, window tinting, or other masking device. This subsection is intended to facilitate views of the interior from the exterior for public safety, and does not prohibit neon signs, minimal window borders, or other signs or decorations that are consistent with City sign regulations and do not obscure views.

(3)    Liquor store:

(i)    Malt beverage and fortified wine shall not be sold in containers with a volume exceeding sixteen (16) ounces.

(ii)    The sale of individual containers of malt beverage or fortified wine is prohibited.

(iii)    Alcoholic beverages may be displayed and sold from an ice tub or similar display mode only between the hours of 11:30 a.m. and 2:00 p.m.

(iv)    Except as may be specifically allowed by this Code, no portion of the ground floor windows shall be obscured by paint, walls, window tinting, or other masking device. This subsection is intended to facilitate views of the interior from the exterior for public safety, and does not prohibit neon signs, minimal window borders, or other signs or decorations that are consistent with City sign regulations and do not obscure views.

(4)    Grocery store with beer and wine sales.

(i)    Malt beverage, and fortified wine shall not be sold in containers with a volume exceeding sixteen (16) ounces.

(ii)    The sale of individual containers of malt beverage or fortified wine is prohibited.

(iii)    Alcoholic beverages may be displayed and sold from an ice tub or similar display mode only between the hours of 11:30 a.m. and 2:00 p.m.

(5)    Grocery store with liquor sales.

(i)    Malt beverage and fortified wine shall not be sold in containers with a volume exceeding sixteen (16) ounces.

(ii)    The sale of individual containers of malt beverage or fortified wine is prohibited.

(iii)    Alcoholic beverages may be displayed and sold from an ice tub or similar display mode only between the hours of 11:30 a.m. and 2:00 p.m.

(Ord. 1135-02 C-M, eff. September 10, 2002)

14-25.030 Operational changes.

(a)    Existing alcohol related uses with legally existing non-probationary valid licenses from the Department of Alcoholic Beverage Control of the California Business, Transportation and Housing Agency (ABC) before the adoption of this Chapter, may continue to operate after the adoption of this ordinance without a Conditional Use Permit in accordance with the time limits established in Section 14-25.050 providing:

(1)    The alcohol related use retains the same type of ABC liquor license;

(2)    Ownership of the ABC license remains unchanged;

(3)    Location of the ABC License remains unchanged; and

(4)    The alcohol related use is operated continuously without substantial change in the mode or character of operation.

(b)    A “substantial change in mode or character of operation” includes, but is not limited to the following:

(1)    The license issued by ABC is revoked, or suspended for a period of more than thirty (30) days;

(2)    The owner or operator or ABC licensee, is convicted, pleads guilty, no contest, or is found by ABC to have violated California Health and Safety Code section 11350, 11351, 11352, 11550 or 11364.7 or California Penal Code section 647 (b) and the conviction relates to the same business premises or the operation of the same business;

(3)    The premises are altered for the purpose of increasing the gross floor area; or

(4)    The alcohol related use is closed, abandoned, discontinued or suspended for a continuous period of more than ninety (90) days for reason other than a break in continuous business due to natural disaster or other similar circumstances beyond the control of the licensee, owner or operator; or

(5)    The alcohol related use has been declared a “public nuisance” by the City Council.

(i)    For the purposes of this section, the term “public nuisance” includes a demonstrated pattern of disturbances or “alcohol related problems” which affect, or may reasonably affect, at the same time an entire community or neighborhood, or any considerable number of persons, as substantiated by credible evidence from a reliable source including, but not limited to, public testimony, citizen complaints, police reports, fire department reports, code enforcement reports, and/or documented violations of the Watsonville Municipal Code, California statutes, or the California Code of Regulations, and regulations or state laws.

(ii)    The term “alcohol related problems” shall include, but is not limited to unreasonable, noise, littering, loitering, crimes of violence, interference with the unimpeded use of sidewalks by pedestrians, defacing or damaging property, interference with an individual’s or neighborhood’s quality of life or quiet enjoyment of property which is determined to be a detriment to the public health safety or welfare and similar problems as set forth in Watsonville Municipal Code Section 14-14.022.

(Ord. 1135-02 C-M, eff. September 10, 2002)

14-25.040 Separation requirements.

The table of separation requirements below shall be imposed for new alcohol-related uses or where there is a substantial change in mode or character of operation associated with an alcohol-related use. These separation requirements shall not apply to an existing alcohol-related use where the only substantial change in mode or character of operation is a change in ownership. Additionally, these separation requirements shall also not apply to service stations with convenience stores that are over one thousand (1,000) square feet with a Type 20 ABC license (beer and wine sales), not in a high crime area, or if in an area of overconcentration, an applicant is able to transfer an existing City of Watsonville license within the existing census tract or, otherwise if not in an area of overconcentration have secured a license from a current business inside the City of Watsonville and therefore do not increase the number of licenses or affect overconcentration in the City. All businesses shall remain subject to the sensitive use separation requirements. The table of separation requirements applies only when:

(a)    An alcohol-related use which did not exist on October 10, 2002 [the effective date of Ordinance No. 1135-02 (CM) creating Chapter 14-25] is required to seek a conditional use permit; or

(b)    An alcohol-related use which existed on October 10, 2002 [the effective date of Ordinance No. 1135-02 (CM) creating Chapter 14-25] is required to obtain a new conditional use permit because of a substantial change of mode or character of operation of such property (other than merely a change of ownership).

Table 1

Convenience Store

Grocery Store

Restaurant

Liquor store

Bar

Sensitive use

With beer and wine sales

With liquor sales

With beer and wine sales

With liquor sales

With beer and wine sales

With liquor sales

With bar

125

License Type

20

21

20

21

41

47

47,48

21

47, 48, 51,

Convenience store with beer and wine

20

500'

1000'

N/A

N/A

N/A

300'

500'

1000'

500'

300'

Convenience store with liquor sales

21

1000'

1000'

N/A

N/A

N/A

300'

500'

1000'

500'

300'

Grocery store with beer and wine sales

20

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Grocery store with

21

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Restaurant with beer

41

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Restaurant with liquor sales

47

300'

300'

N/A

N/A

N/A

500'

500'

500'

500'

300'

Restaurant with bar

47, 48

500'

500'

N/A

N/A

N/A

500'

500'

1000'

1000'

300'

Liquor store

21

1000'

1000'

N/A

N/A

N/A

500'

1000'

1000'

1000'

300'

Bar

47, 48

500'

500'

N/A

N/A

N/A

500'

1000'

1000'

1000'

300'

(§ 1, Ord. 1272-10, eff. December 30, 2010, as amended by § 1, Ord. 1315-15 (CM), eff. May 15, 2015)

14-25.050 Time limits.

(a)    All existing use permits for alcohol-related establishments shall automatically expire on January 1, 2018. Such alcohol-related establishments shall file an application to obtain a new conditional use permit before January 1, 2017. The separation requirements of Section 14-25.040 shall not however be applied in determining whether and under what conditions to issue a new or modified Conditional Use Permit to such establishments.

(b)    All alcohol-related establishments already operating as of October 10, 2002 [the effective date of, after the adoption of Ordinance No. 1135-02 (CM) creating Chapter 14-25 of the Watsonville Municipal Code], but without a valid Use Permit approved specifically for the purpose of alcohol sales, shall file an application to obtain a conditional use permit no later than January 1, 2003.

The City shall develop and supply a one-page form for such applications. The application shall require that the applicant provide a copy of the applicant’s existing ABC Permit, all conditions or restrictions applicable to said permit and a floor plan of the establishment. Such application forms, related processing services and permit issuance shall be free for properly completed applications filed with the City on or before January 1, 2003. Thereafter, usual and customary fees for conditional use permits shall be charged and imposed as a condition to issuance of a permit. The automatic issuance of such conditional use permits shall be subject only to conditions requiring compliance with applicable portions of Sections 14-25.020, 14-25.021, 14-25.022, 14-25.023, and 14-25.030, including a requirement that the applicant comply with any conditions of the ABC Permit.

Such applications shall automatically be approved and a conditional use permit issued without a hearing, within ten (10) business days of filing with the City, provided the establishment is not on probationary status with the ABC and has not been declared a “public nuisance” within the meaning of subdivision (b) (5) of Section 14-25.030, or provided the City has not initiated proceedings to declare the establishment a “public nuisance” within the meaning of subdivision (b)(5) of Section 14-25.030.

(c)    An establishment issued such an automatic conditional use permit under subdivision (b) of Section 14-024.050 above may seek a new conditional use permit. Such application for a new conditional use permit shall be subject to all the procedures and legal requirements applicable to new alcohol-related uses seeking new conditional use permits, except that until January 1, 2024, the separation requirements of Section 14.25.040 shall not be applied in determining whether and under what conditions to issue a conditional use permit.

(d)    A conditional use permit for a new alcohol-related establishment shall be valid for a period of twenty (20) years from the date of approval.

(Ord. 1135-02 C-M, eff. September 10, 2002)

14-25.060 Exceptions.

Sections 14-25.020 through 14-25.023 of this Chapter shall not apply to the following uses:

(a)    Alcohol sales or services when provided as an accessory use at a membership, social or fraternal club, or similar establishment when a Conditional Use Permit for the establishment of the club has been issued. New membership clubs, or the addition of alcohol sales or services at an existing club, require the issuance of a Special Use Permit by the Planning Commission.

(b)    Alcohol sales or services when provided on a temporary basis, not to exceed ten (10) consecutive days, when permitted and regulated by the Department of Alcohol Beverage Control of the California Business, Transportation & Housing Agency and the Watsonville Police Department.

(c)    Catering businesses.

(Ord. 1135-02 C-M, eff. September 10, 2002)