17.86.060 Alcoholic beverages and motor fuel—Concurrent sales.
A. General Prohibition. Concurrent sales of motor fuel and alcoholic beverages at a service/fueling station other than beer or wine are prohibited. For purposes of this section, “alcoholic beverages and motor fuel—concurrent sales” shall mean the ability to purchase motor fuel and beer or wine at the same time or at the same place. More specifically, a service/fueling station that permits a customer to pay for motor fuel and beer or wine at the same location or utilizing a single financial transaction is engaging in concurrent sales of motor fuel and beer or wine and shall be subject to this section.
B. Permit Requirement and Use Regulations. The concurrent sales of motor fuel and beer or wine at a service/fueling station shall be subject to the approval of a minor use permit or conditional use permit per the provisions of the applicable zone as set forth in Chapter 17.10 (Use Regulations), in addition to the following:
1. There shall be no sales of beer or wine for on-site consumption;
2. Beer or wine may be sold only in conjunction with selling groceries and other sundries and convenience items;
3. There shall be no advertisement or display of beer or wine visible from off the premises;
4. No beer or wine shall be displayed within five feet of the cash register or front door;
5. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminating advertising for beer or wine shall be located on buildings or windows;
6. No sales of beer or wine shall be made from a drive-in window;
7. No display or sales of beer or wine shall be made from an ice tub;
8. Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be at least twenty-one years of age.
C. Required Findings. In order to grant approval of a use permit, the review authority shall make the following findings in addition to findings contained in Section 17.110.070 (Required Findings):
1. The establishment of concurrent sales of motor fuel and beer or wine is consistent with the provisions of the Business and Professions Code Section 23790.5.
2. The sale of beer or wine at this location does not jeopardize the public health, safety or welfare, and particularly, will not result in an over-concentration of businesses selling or serving alcoholic beverages within the vicinity.
3. The sale of beer or wine at a service/fueling station is otherwise allowed within the same zone at this location and the sale of beer or wine concurrent with motor fuel would not result in the expansion of a nonconforming use. (Ord. 1650 § 3 (Exh. B), 2018)