Chapter 8.09


8.09.010    Definitions.

8.09.020    Manager and server training.

8.09.030    Abatement of nonconforming on-sale establishments.

8.09.040    Appeals.

8.09.050    Violations.

8.09.010 Definitions.

A. “On-sale establishment” means a facility providing the sale and service of alcoholic beverages for consumption by guests on the premises (on-sale), including restaurant dining areas where food service is the primary function, and bars, in which the sale and consumption of alcohol on the premises is the primary function. “Bar” includes those facilities located within a hotel, motel, or other similar transient occupancy establishment.

B. “Manager” means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an on-sale establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of an on-sale establishment:

1. Hire or separate employees;

2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock;

3. Disburse funds of the business, except for the receipt of regularly replaced items of stock;

4. Make or participate in making policy decisions regarding operations of the licensed business.

C. “Responsible beverage service training course” means a training program recognized by the California Department of Alcoholic Beverage Control for on-sale management and on-sale professional services. (Ord. 582 § 3, 2003)

8.09.020 Manager and server training.

A. No on-sale establishment may serve or sell alcoholic beverages unless a manager who has completed a responsible beverage service training course is on the premises.

B. Every manager of an on-sale establishment must complete a responsible beverage service training course within 90 days of hire, or by December 31, 2003, whichever is later.

C. Every person who serves or sells alcoholic beverages for consumption by guests on the premises of an on-sale establishment shall complete a responsible beverage service training course within 90 days of hire, or by December 31, 2003, whichever is later.

D. A list of all persons who have completed the training required by this section shall be maintained on the premises of the on-sale establishment and, together with the proof of such completion, shall be provided to any police or other enforcement officer for inspection and copying promptly upon request. (Ord. 582 § 3, 2003)

8.09.030 Abatement of nonconforming on-sale establishments.

An on-sale establishment in existence on August 8, 2003, the effective date of this chapter, must comply with the provisions of this chapter no later than December 31, 2003. (Ord. 582 § 3, 2003)

8.09.040 Appeals.

A. A person aggrieved by an action of the City taken pursuant to this chapter may appeal the decision by filing with the City Clerk a statement addressed to the City Manager and setting forth the facts and circumstances regarding the appealed action. The City Clerk shall notify the applicant, in writing, of the time and place set for the hearing on the appeal.

B. The hearing on the appeal must be held within 20 business days of the City Clerk’s receipt of the appeal.

C. The City Manager or his designee shall serve as Hearing Officer unless the appellant objects thereto at the time of the filing of the appeal, in which case an independent Hearing Officer shall be appointed in accordance with this code. The Hearing Officer shall issue a decision regarding the appeal within 10 business days of the conclusion of the hearing. The Hearing Officer’s decision is final. (Ord. 582 § 3, 2003)

8.09.050 Violations.

A violation of any provision of this chapter or a failure to comply with any mandatory requirement of this chapter is subject to prosecution in accordance with Chapter 1.08 PMC and may be enforced through injunctive relief. Penalties for violation of the provisions of this chapter may result in a misdemeanor citation, punishable by a maximum of six months in jail and a $1,000 fine. (Ord. 582 § 3, 2003)