Chapter 4.60 REGULATION OF ALCOHOL SALES

Chapter 4.60
REGULATION OF ALCOHOL SALES

Sections:

4.60.010 Application for determination of public convenience for sale of alcohol.

Any person whose application for an on-sale or off-sale alcohol license is required by the Alcoholic Beverage Control Board of the state of California (“ABC”) to be subject to a determination of public convenience by the city of Rancho Cordova may apply to the city for a determination that the public convenience would be served by the granting of such license. Such application shall be made on forms approved by the city manager, shall contain such information as required by that office and shall be filed with that office. At a minimum, any application shall contain that information required by Section 110-01 of the city of Rancho Cordova zoning code. The application shall be accompanied by payment of a fee to be established by resolution of the city council calculated to offset the costs of processing applications. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1024 § 1, 1996; SCC 1019 § 1, 1996].

4.60.020 Review of applications.

A. Upon receipt of an application for a determination of public convenience, the city manager shall refer such application to the planning department, the chief of police, the neighborhood services division, the building and safety department, the finance department and the appropriate community planning advisory council or municipal advisory council for review and comment.

B. The chief of police shall determine whether there are existing problems regarding criminal activity at the applicant premises or in the area surrounding the applicant premises. If the chief of police determines that there are such existing problems with criminal activity he shall report such problems, in writing, to the city manager and object to a determination of public convenience.

C. The planning department shall determine whether the applicant premises are within the appropriate land use designations and have received all required entitlements to permit the type of sale of alcoholic beverages described in the application. The department shall report its determination, in writing, to the city manager. No determination of public convenience shall be made if the department determines that the applicant premises is not within the appropriate land use designation and does not have all necessary land use entitlements.

D. The planning department shall also determine whether there is a pending zoning enforcement action regarding the applicant premises. If the department determines that there is a pending enforcement action, it shall report such, in writing, to the city manager and shall object to a determination of public convenience.

E. The neighborhood services division shall determine whether there are existing violations of health regulations or a history of such violations at the applicant premises or against the applicant. If the division determines that there are such violations, it shall report such, in writing, to the city manager and shall object to a determination of public convenience.

F. The finance department shall determine whether any required business license has been issued and is in good standing for the applicant premises. If the department determines that a license is required and has not been issued or is not in good standing, it shall report such, in writing, to the city manager and shall object to a determination of public convenience.

G. The chief building official shall determine whether there are any building code violations at the applicant premises and shall report such, in writing, to the city manager and shall object to a determination of public convenience.

H. The city manager shall also determine whether any protests were lodged with the ABC in relation to the applicant’s request for a license with that body.

I. The advisory council shall report any comments or objections which the council may have regarding any application which has been forwarded pursuant to this section.

J. If the written reports required by subsections (B), (C), (D), (E), (F) and (G) of this section are not received by the city manager within 15 days from the date the application is forwarded, it shall be presumed that there are no objections from those departments or divisions. [Ord. 38-2007 § 1 (Exh. 1(A), (C); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1024 § 1, 1996; SCC 1019 § 1, 1996].

4.60.030 Hearing required.

A. Proceedings regarding the public convenience of issuing a license for all applications shall be scheduled before the city council. Notice of the hearing shall be given in the same manner as required by Section 110-04 of the Rancho Cordova zoning code.

B. The hearing shall be held without regard to the technical rules of evidence and all persons desiring to appear shall be permitted to do so. The applicant shall be required to demonstrate, by substantial evidence, that the public convenience will be served by the issuance of a license. The applicant shall also be required to demonstrate, by substantial evidence, that the proposed sale of alcohol shall be accomplished in a manner to eliminate any objections received pursuant to this section.

C. The hearing may be continued from time to time. At the conclusion of the hearing, the city council shall determine whether the public convenience will be served by the issuance of a license for the applicant premises. The determination shall be reduced to writing by the clerk of the city council and shall be served by mail upon the applicant.

D. The city council may determine that the public convenience will be met only if certain conditions are imposed upon any license issued by the Department of Alcoholic Beverage Control (ABC). Such conditions shall be included in the city council’s decision and shall be communicated to the ABC.

1. The conditions may cover any matter relating to the privileges to be exercised under the license, the personal qualifications of the licensee, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including, but not limited to, the following:

a. Restrictions as to hours of sale.

b. Display of signs.

c. Employment of the designated persons.

d. Types and strengths of alcoholic beverages to be served where such types or strengths are otherwise limited by law.

e. The personal conduct of the licensee.

2. If conditions are imposed, any finding of public convenience shall clearly state that it is contingent upon the imposition of such conditions by the ABC. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1024 § 1, 1996; SCC 1019 § 1, 1996].