§ 26-88-195. Small alcoholic beverage retail establishments.

This section establishes standards for small alcoholic beverage retail establishments, where allowed by the base zoning district.

(a)

Permit Requirement. Small alcoholic beverage retail establishments shall require a use permit. In granting a use permit for a small alcoholic beverage retail establishment and in making the findings required for use permit approval by section 26-92-080, the decision maker shall consider the following:

(1)

The number of alcohol licenses per capita within a one-half mile radius of the premises as compared to the county-wide average;

(2)

The numbers of calls for service, crimes, and arrests at the premises and within a one-half mile radius of the premises as compared to the county-wide average;

(3)

Whether the site plan and floor plan for the premises incorporate design features to assist in reducing alcohol-related problems. These features may include, but are not limited to, openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage objectionable activities.

(b)

Location Requirement. Small alcoholic beverage retail establishments shall be separated by a minimum of one thousand (1,000) feet from all schools, day care centers, park and recreation facilities, places of religious assembly, and other alcoholic beverage retail establishments. The distance shall be measured between the nearest entrances along the shortest route intended and available for public passage. An exception to this provision may be allowed for establishments outside an urbanized area (as defined by the U.S. Census) when the decision maker makes the following findings:

(1)

That the proposed use is located in an area where the number of calls for service, crimes, and arrests within a one-half mile radius of the premises is less than the county-wide average; and

(2)

There is adequate separation from the other uses specified above to deter loitering and exposure to alcohol sales.

(c)

Operating Standards. Small alcoholic beverage retail establishments shall comply with the following operating standards. In granting a use permit for a small alcoholic beverage retail establishment, the decision maker may impose additional operating standards as conditions of approval.

(1)

Customer and Site Visitor Management. The operator of the establishment shall take all reasonable steps, including contacting law enforcement officers in a timely manner, to prevent customers or other persons from engaging in objectionable activities on the premises, parking areas under the control of the operator, highways, roads, streets, sidewalks, lanes, alleys, and other public areas surrounding the premises, and adjacent properties during business hours.

(2)

Trash, Litter, Graffiti.

(i)

At least twice a week, the operator of the establishment shall remove trash, litter, and debris from the sidewalks adjoining the premises plus ten feet (10′) beyond property lines as well as any parking lots under the control of the operator.

(ii)

The operator of the establishment shall install and maintain a minimum of one permanent, non-flammable trash container with at least a sixty (60)-gallon capacity on the exterior of the premises.

(iii)

The operator of the establishment shall remove all graffiti from the premises and parking lots under the control of the operator within seventy-two (72) hours of its application.

(3)

Staff Training. Within ninety (90) days from issuance of a certificate of occupancy or if no building permit is required, within ninety (90) days of issuance of the use permit, all owners, managers, and employees selling alcoholic beverages at the establishment shall complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program shall meet the standards of the California Department of Alcoholic Beverage Control or other certifying/licensing body which the state may designate. New owners, managers, and employees shall complete the training course within thirty (30) days of the date of ownership or employment. Records of successful completion for each owner, manager, and employee shall be maintained on the premises and presented upon request by a representative of the county.

(4)

Staffing, Surveillance, and Security.

(i)

Signs and displays shall not obstruct the sales counter, cash register, and customers from view from the exterior of the premises.

(ii)

The operator of the establishment shall install and maintain in working order, interior and exterior surveillance cameras and monitors. At a minimum, the external cameras shall monitor the entrance to the premises and vicinity of at least twenty (20) feet beyond the entrance to the premises. At a minimum, the interior camera shall monitor the cash register area. The tapes or digital recording medium from these cameras shall be retained for at least ten (10) days from the date of recording before destruction or reuse. The tapes or digital recording medium shall be made available to the sheriff's department, or any other law enforcement agency, upon request. An exception to the requirement for exterior surveillance cameras and monitors may be allowed for establishments outside an urbanized area (as defined by the U.S. Census) when the decision maker makes the following findings:

(A)

That the proposed operation is located in an area where the number of calls for service, crimes, and within a one-half mile radius of the premises is less than the county-wide average; and

(B)

That there is adequate visibility of the exterior of the premises from the area of the cash register.

(iii)

A monitored robbery alarm system shall be installed and maintained in good working condition on the premises.

(iv)

Restrooms on the premises shall remain locked and under the control of the cashier.

(v)

The premises shall be staffed with at least one person during hours of operation who shall not be responsible for dispensing fuel or auto servicing.

(5)

Limitations on Product Sales and Display.

(i)

Refrigerated coolers, tubs, and other storage containers holding alcoholic beverages shall be equipped with locking mechanisms that shall be in place and used to restrict access by customers during the hours when sales of alcoholic beverages are prohibited by the California Department of Alcoholic Beverage Control regulations or license.

(ii)

No beer or wine shall be displayed within five feet (5′) of the cash register or front door of the premises.

(iii)

No video or arcade type games are permitted on the premises. California State Lottery games are permitted.

(6)

Signs, Lighting, Postings.

(i)

Premises identification shall comply with Article V, Division C of Chapter 13 of this code and the county's adopted road naming and addressing procedures and standards.

(ii)

A copy of the conditions of approval for the use permit shall be kept on the premises and shall be presented to any peace officer or any authorized county official upon request.

(iii)

Signs shall be posted on the inside of the premises stating that drinking on the premises or in public is prohibited by law.

(iv)

Required interior and exterior signs shall be posted in English and the predominate languages spoken by nearby community patrons.

(v)

Premises shall be lit by high-pressure sodium or equivalent intensity fixtures. All site lighting and lighting for signs shall be down lit and directed away from residential uses.

(7)

Compliance with Other Requirements.

(i)

The operator of the establishment shall comply with all local, state, and federal laws, regulations, or orders, including those of the California Department of Alcoholic Beverage Control, as well as any conditions imposed by permits issued in compliance with those laws, regulations, or orders.

(ii)

The operator of the establishment shall comply with all provisions of this code and conditions imposed by county-issued permits.

(d)

Grounds for Modification or Revocation. In addition to the grounds in Section 26-92-120, the decision maker may require modification, discontinuance, or revocation of use permits for small alcoholic beverage retail establishments if the decision maker finds that the use is operated or maintained in a manner that:

(1)

Adversely affects the health, peace, or safety of persons living or working in the surrounding area;

(2)

Contributes to a public nuisance;

(3)

Has resulted in repeated objectionable activities;

(4)

Violates any provision of this code or condition imposed by a county-issued permit, or violates any provision of any other local, state, or federal law, regulation, or order, including those of the California Department of Alcoholic Beverage Control, or violates any condition imposed by permits issued in compliance with those laws, regulations, or orders.

(e)

Nonconforming Uses and Structures. Small alcoholic beverage retail establishments that were legally operating prior to the adoption of this section may continue to operate as nonconforming uses in compliance with the provisions of Article 94 of this chapter (nonconforming uses). In addition to those provisions, after the effective date of this section nonconforming small alcoholic beverage retail establishments shall be required to obtain approval of a use permit prior to any of the following:

(1)

Resumption of alcoholic beverage sales after the establishment's liquor license is revoked by the California Department of Alcoholic Beverage Control.

(2)

Resumption of alcoholic beverage sales after the establishment's liquor license is suspended for more than forty-five (45) days by the California Department of Alcoholic Beverage Control.

(3)

Any expansion of the size of the establishment.

(Ord. 5790 § 1(m), 2008.)