17.86.050 Alcoholic beverage sales—Bars and restaurants with late night alcohol service.
A. Purpose and Applicability. The provisions in this section shall apply to eating and drinking establishments—bars and taverns, and eating and drinking establishments—restaurant with late night alcohol service as defined in Chapter 17.156 (Land Use Definitions) and where allowed in compliance with Chapter 17.10 (Use Regulations). The purpose of this section is to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare, and to ensure operations are compatible with surrounding neighborhoods.
B. Alcohol Outlet Operational Requirements. The following standards shall apply to all alcohol outlets:
1. Noise. The proposed use shall operate in conformance with the city noise ordinance (Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences and businesses. The applicant shall make reasonable efforts to minimize the potential for adverse noise and crowd impacts on adjacent establishments and nearby residences, including, but not limited to, ensuring that all windows and doors are closed no later than 10:00 p.m., nightly.
2. Hours of Operation. Hours of operation for the alcohol services shall not be outside the hours from 8:00 a.m. until 11:00 p.m. each day of the week, unless otherwise specified by a use permit.
3. Menu Service. Full food service shall be available at all times alcohol is served, unless otherwise specified by the use permit. The restaurant shall have full meals and restaurant service available during all hours of operation, consistent with the approved hours of operation for the proposed use, unless otherwise specified by the use permit.
4. Events. Tables, chairs, and the general floor plan layout shall remain consistent with approved plans and may not be removed or modified for late night operation or special events to create a performance stage, dance floor, or similar area for performance/assembly unless approved by a separate city-issued permit.
5. Entertainment. Entertainment shall maintain an ambient level, which is clearly incidental, that allows for normal conversation levels, and for which no cover fee or ticket is required. Live or amplified entertainment that meets the definition of a live entertainment shall not be allowed without the approval of a live entertainment permit. Upon review of a live entertainment permit, the hours of operation may be re-evaluated or restricted.
6. Employee Training. All employees shall attend ABC LEAD Training or equivalent training. The property management shall be responsible for ongoing security/safety training to accommodate changes in personnel. The property management is responsible at all times for verifying the legal age of patrons, for monitoring patrons’ on-site alcohol consumption, and for declining to serve alcohol to patrons who demonstrate signs of intoxication or impairment associated with alcohol consumption, based on training provided to all staff. The property management shall not permit its patrons to leave the licensed premises with any alcoholic beverage or to consume alcoholic beverages on any property adjacent to the licensed premises under the control of the licensee(s).
7. Security. The applicant shall submit a security plan for approval by the police department. The applicant shall maintain and operate a video recording system that records activity at all entrances and exits during all business hours. The video shall be of a quality suitable for later identification of customers and staff. It will be recorded in a manner that may be retrieved and provided to police immediately upon demand. Video data shall be retained for a minimum of seventy-two hours or as otherwise required by law.
8. Alcohol License. Business shall be conducted in a manner that will not violate any provisions of the California Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors; maintaining the public health, morals, convenience, and safety; and taking reasonable steps to correct any objectionable conditions on the premises and immediately adjacent to the premises.
C. Required Findings. In order to grant approval of a minor use permit or conditional use permit, the review authority shall make the following findings in addition to findings contained in Section 17.110.070 (Required Findings):
1. The use shall be consistent with the zoning regulations and the 2012 Alcohol Outlet Regulations to reduce public safety problems associated with alcoholic beverage sales and provide for properly maintained alcohol outlets so that negative impacts generated by these activities are not harmful to the surrounding environment;
2. The use will not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area;
3. The use will not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;
4. The use will not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance or statute; and
5. The use is compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.
D. Restrictive Conditions. The review authority is allowed to impose conditions to satisfy the requirements of the municipal code and to impose more restrictive conditions than outlined in subsection C of this section prior to approving an alcohol outlet. (Ord. 1705 § 45, 2021; Ord. 1650 § 3 (Exh. B), 2018)