Chapter 17.96 ALCOHOLIC BEVERAGE ESTABLISHMENTS

Chapter 17.96
ALCOHOLIC BEVERAGE ESTABLISHMENTS

Sections:

17.96.010 Use permit required. Revised 3/17

17.96.020 Definitions. Revised 3/17

17.96.030 Requirements for on-sale liquor establishments. Revised 3/17

17.96.040 Minimum conditions for off-sale liquor establishments. Revised 3/17

17.96.050 Nonconforming establishments/improvements. Revised 3/17

17.96.060 Existing establishments selling alcoholic beverages (on-sale and/or off-sale). Revised 3/17

17.96.070 Revocation of use permit. Revised 3/17

17.96.080 One-day on-sale licenses. Revised 3/17

17.96.010 Use permit required.

A. On or after the effective date of the ordinance codified in this title, a use permit must be obtained from the city for all on- and off-sale liquor establishments, with the exception of veterans clubs, listed fraternal organizations, and restaurants, as defined in Chapter 17.08. Existing on-sale and off-sale establishments not exempt from the provisions of this title must obtain a use permit before substantially changing their mode or character of operation or requesting a new, more permissive liquor license.

B. A copy of the conditions of approval for the use permit must be kept on the premises of the establishment and posted in a place where it may readily be viewed by any member of the general public.

C. In making any of the findings required pursuant to this title, the planning commission, or city council on appeal, shall consider whether the proposed use will adversely affect the health, safety or welfare of area residents or will result in an undue concentration in the area of establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine.

The planning commission, or city council on appeal, shall also consider whether the proposed use will detrimentally affect nearby residentially zoned community neighborhoods in the area, after giving consideration to the distance of the proposed use from the following:

1. Residential buildings;

2. Churches, schools, hospitals, public playgrounds and parks, convalescent homes, and other similar uses; and

3. Other establishments dispensing for sale, or other consideration, alcoholic beverages including beer and wine. (Ord. 2016-10 § 3 (part): Ord. 97-03 § 2 (part): prior code § 8-1.6009(A))

17.96.020 Definitions.

“Off-sale liquor establishment” means any establishment which is applying for or has obtained a liquor license from the California Department of Alcoholic Beverage Control, including Type 20 (off-sale beer and wine), Type 21 (off-sale general), for selling alcoholic beverages in an unopened container for the consumption off the premises. For purposes of this title, the definition of “off-sale liquor establishment” shall not include food markets, supermarkets, convenience markets, drugstores, or any establishment in which sales of alcoholic beverages constitute less than twenty (20) percent of total retail sales. Upon request, the owner/operator shall submit evidence of total retail sales to the accounting department of the city for the purpose of verifying compliance with this chapter.

“On-sale liquor establishment” means any establishment wherein alcoholic beverages are sold, served or given away for consumption on the premises including but not limited to any facility which has obtained a California Department of Alcoholic Beverages Control license. Typical on-sale uses include, but are not limited to, the following establishments: bars, taverns, night clubs, wineries, wine tasting rooms, breweries or other private clubs. This definition shall not include restaurants as defined in Chapter 17.08, veterans’ clubs, or the following fraternal organizations: Elks Club, Moose Club, Eagle Club, Lions Club, or Rotary Club. Fraternal organizations not listed may be exempt upon planning commission approval. (Ord. 2016-10 § 3 (part): Ord. 2010-09 § 1(A): Ord. 97-03 § 2 (part): prior code § 8-1.6009(B))

17.96.030 Requirements for on-sale liquor establishments.

A. No on-sale liquor establishments shall be authorized or maintained within five hundred (500) feet of sensitive uses. Sensitive uses include schools (public and private); established churches or places of worship; hospitals, clinics, or other health care facilities; public parks, or playgrounds or other park or recreational uses; or another on-sale liquor establishment. There shall be no separation requirement between on-sale liquor establishments and a sensitive use within the regulating plan area for the form-based code for downtown as defined in Chapter 17.58. For the purposes of this section, distance shall be measured from the nearest entrance used by patrons of such establishments along the shortest route intended and available for public passage to the entrance of other such establishments, or to the nearest property line of any other sensitive use. Veterans’ clubs, fraternal organizations and restaurants are excluded from the separation requirement of this section.

B. Exterior lighting of the parking areas shall be kept at an intensity of at least one foot candle of light on the parking surface during the hours of darkness.

C. All establishments shall be required to have a public telephone listing.

D. Special security measures such as security guards, robbery and burglar alarm systems may be required.

E. The noise levels generated by the operation of such establishment shall not exceed fifty (50) dba during daytime and forty-five (45) dba during nighttime, on adjoining properties zoned for residential purposes.

F. It shall be the responsibility of the applicant licensee to provide all staff with the training necessary to gain the knowledge and skills that will enable them to comply with their responsibilities under law. The knowledge and skills deemed necessary for responsible alcoholic beverage service include, but are not limited to, the following topics and skills development:

1. State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation, and penalties for violations of these laws;

2. The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, harm or kill themselves or innocent victims as a result of the excessive consumption of alcoholic beverages;

3. The effects of alcohol on the body and behavior, including how the effects of alcohol relate to the ability to operate a motor vehicle;

4. Methods for dealing with intoxicated customers and recognizing underaged customers. Methods for preventing customers from becoming intoxicated. (Ord. 2016-10 § 3 (part): Ord. 2010-09 § 1(B); Ord. 2008-09 § 2; Ord. 97-03 § 2 (part): prior code § 8-1.6009(C))

17.96.040 Minimum conditions for off-sale liquor establishments.

Off-sale liquor establishments shall not sell or store motor fuels on the same premises as alcoholic beverages, except upon the following conditions:

A. No beer or wine shall be displayed within five feet of the front door unless it is in a permanently affixed cooler.

B. Exterior lighting of the parking lot shall be kept at an intensity of at least one foot candle on the parking lot surface, so as to provide adequate lighting for patrons while not disturbing residential or commercial areas.

C. Signs shall be posted both inside and outside the premises in conspicuous places, which state “It is unlawful for any person to sell, drink or consume beer, wine or other alcoholic beverage, as defined in Business and Professions Code Section 23004, in or upon the public streets, alley-ways or other public places in the city, including private parking lots held open to the public,” Winters Municipal Code Section 9.08.010.

D. No sale of alcoholic beverages shall be made from a drive-through window.

E. No display or sale of alcoholic beverages shall be made from an ice tub, or similar container.

F. Exterior public telephones that permit incoming calls may not be located on the premises.

G. Adult magazines and all printed matter coming within the definition of Section 313 of the California Penal Code shall be located for sale only behind the counter and shall be stored in racks covered by modest panels.

H. Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such establishments shall remove trash and debris on a daily basis.

I. Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.

J. All establishments shall be required to have a public telephone listing.

K. No off-sale liquor establishment shall be maintained within five hundred (500) feet of such consideration points as schools (public and private), established churches or other places of worship, hospitals, convalescent homes, public parks, and playgrounds and/or other similar uses. The distance of five hundred (500) feet shall be measured between the nearest entrances used by patrons of such establishments along the shortest route to other establishments, or to the nearest property line of any of the above referenced consideration points. The separation requirement shall be reduced to two hundred (200) feet for operations located within the central business district.

L. The noise level generated by the operation of such establishments shall not exceed fifty (50) dba at daytime and forty-five (45) dba at nighttime on adjoining property zoned for residential purposes, and sixty-three (63) dba at daytime and forty-five (45) dba at nighttime for commercially zoned property.

M. Hours of operation of off-sale establishments may be restricted upon showing of good cause.

N. It shall be the responsibility of the applicant licensee to provide all staff with the training necessary to gain the knowledge and skills that will enable them to comply with their responsibilities under law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to, the following topics and skills development:

2. The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages;

3. The effects of alcohol on the body and behavior, including how the effects of alcohol affect the ability to operate a motor vehicle;

4. Methods for dealing with intoxicated customers and recognizing underaged customers. (Ord. 2016-10 § 3 (part): Ord. 97-03 § 2 (part): prior code § 8-1.6009(E). Formerly 17.96.050)

17.96.050 Nonconforming establishments/improvements.

Except as provided herein, establishments not conforming to the spatial requirements between establishment and referenced consideration points shall not be permitted to expand a structure or portion of structure as determined by the city’s building and/or fire inspector. Ordinary repair and maintenance shall not be affected. Spatial requirements may be waived for establishments who wish to expand. Individual plans to expand a structure will be reviewed on a case-by-case basis by the planning commission, or city council on appeal, who will decide if the remodel or upgrade is in the best interest of the city. (Ord. 2016-10 § 3 (part): Ord. 97-03 § 2 (part): prior code § 8-1.6009(F). Formerly 17.96.060)

17.96.060 Existing establishments selling alcoholic beverages (on-sale and/or off-sale).

A. Any establishment lawfully existing prior to the effective date of this section and licensed by the state of California for the retail sale of alcoholic beverages for on-site consumption, excepting restaurants and veterans clubs, and/or off-site consumption within the definitions of Section 17.96.040, shall obtain a use permit when: (1) the existing establishment changes its type of liquor license within a license classification and/or (2) there is a substantial change in the mode or character of operation. For purposes of this title “substantial change of mode or character of operation” shall include, but not be limited to, expansion, a pattern of conduct in violation of other laws or regulations, a period of closure greater than six months, or increased square footage of alcoholic beverage sales or inventory.

B. Any establishment which becomes lawfully established on or after the effective date of this section and licensed by the state of California for retail sale of alcoholic beverages for on-site and/or off-site consumption, shall obtain a modification of use permit when: (1) the establishment changes its type of liquor license within a license classification and/or (2) there is a substantial change in the mode or character of operations. (Ord. 2016-10 § 3 (part): Ord. 97-03 § 2 (part): prior code § 8-1.6009(G). Formerly 17.96.070)

17.96.070 Revocation of use permit.

Use permits issued under this chapter shall be revocable pursuant to the terms of the zoning ordinance. (Ord. 2016-10 § 3 (part): Ord. 97-03 § 2 (part): prior code § 8-1.6009(H). Formerly 17.96.080)

17.96.080 One-day on-sale licenses.

This chapter shall not apply to applications for one-day on-sale licenses pursuant to Business and Professions Code Section 24045.1 and requirements for a temporary activity permit pursuant to this title. (Ord. 2016-10 § 3 (part): Ord. 97-03 § 2 (part): prior code § 8-1.6009(I). Formerly 17.96.090)