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HomeMy WebLinkAboutOrdinances 1974A 02/06/1995~~~ ~~~~ ~~ ~~~~~~~~~ MAR 6 1995 A ORDINANCE NO. 1974~N.C.S. Introduced by Councilmember Matt Maguire Seconded by Councilmember Carole Barlas AN ORDINANCE AME1vDING THE PETALUMA ZONING ORDINANCE 1072 N.C.S. TO REMOVE BARS AND COCKTAIL LOUNGES AS PERMITTED USES AND TO ESTABLISH REGULATIONS TO GOVERN ALCOHOI,IC BEVERAGE ESTABLISHMENTS (SECTION 21-430 THROUGH 21-430.24) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. On September 13, 1994, the Planning Commission held a duly noticed public hearing on the proposed amendments to the City of Petaluma Zoning Ordinance. Section 2. Following a public hearing, the Planning Commission recommended approval of the amendments to the Petaluma Zoning Ordinance. Section 3. The City Council considered the proposed amendments to the Petaluma Zoning Ordinance at public meetings on October 17, 1994 and January 17, 1995 at which time testimony was received and the matter continued to allow further public review. Section 4. The City Council finds that the amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the CEQA Guidelines. Section 5. The City Council further finds that the ~roposed amendments are in general conformity with the Petaluma General Plan and applicable plans. Section 6. The City Council further finds that the public necessity, convenience and general welfare require or clearly permit the adoption of the proposed amendment. Section 7. The City council further finds that the special nature of bars, cocktail lounges (alcoholic beverage establishments), present significant demand for public services, particularly Police services. Section 8. The City Council finds that the control of alcoholic beverage establishments is a matter directly concerning the City of Petaluma, which in the exercise of its police power, may enact and enforce local regulations not in conflict with state law. Section 9. The City Council finds that specific regulations and standards should be adopted into the Zoning Ordinance to regulate alcoholic beverage establishments. t'~- , o Ord. 1974~N ~S I ~ ( O Section 10. The City Council finds that the establishment of alcoholic beverage establishments pose a threat to public health, safety and welfare and that in order to protect the public health, safety and welfare, the adoption of land use regulations to govern alcoholic beverage establishments is necessary. Section 11. Notwithstanding any other provisions of the Petaluma Municipal Code or any other Ordinance or regulations of the City of Petaluma to the contrary, no application for new alcoholic beverage establishments shall be accepted, processed, approved or granted which would be in conflict with the provisions of this Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends Ordinance 1072 N.C.S. as follows: Amend Sections 11-404, 12-203 and 13-206 to delete bars, cocktail lounges as follows: 11-404: Entertainment, dancing, or sale of liquor, beer or other alcoholic beverages for consumption on the premises, Alcoholic Beverage Establishments 12-203: Restaurants (excluding fast-food restaurants). 13-206: Restaurants (excluding fast-food restaurants), refreshment stands. Add Sections 12-416 and 13-427 as follows: 12-416: Alcoholic Beverage Establishments in accordance with the provisions of Section 21-430. 13-427: Alcoholic Beverage Establishment in accordance with the provisions of Section 21-430. Add Sections 21-430 through 21-430.24 as follows: 21-430 AI.COHOLIC BEVERAGE ESTABLISHMENTS 21-430.10 PiJRPOSE: It is the intent of this section to prevent problems associated with commercial establishments involved in the sale of alcohol for on-site consumption. It has been demonstrated that such establishments can adversely affect nearby commercial and residential uses and can create substantial demands for police services. It is, therefore, the purpose of this section to establish regulations to govern land uses involved in the dispensing of alcoholic beverages for on-site consumption. 21-430.2 Definitions: As used in this section, the following words, phrases, and terms shall have the following meanings: "Alcoholic Beverage Establishment" means a commercial and non-commercial establishment wherein alcoholic beverages are sold, served, or given away for consumption on the premises, excluding full-service restaurants. Typical alcoholic beverage establishments include but are not limited to the following recognized types of establishments: bars, cocktail A 2 Ord. 1974~NCS 1~9 . a. o ~- lo lounges, ballrooms, dance bars, piano bars, billiard or game parlors, bowling alleys and nightclubs. "Alcoholic Beverage Sales" means the retail sale, for on- premises consumprion of liquor, beer, wine, or other alcoholic beverages. "Financial Interest" means any direct or indirect interest in the management, operation, ownership, profits or revenue (gross or net) of an alcoholic beverage establishment. A financial interest" means a monetary investment in an 'alcoholic beverage establishment or the premises and business enterprises directly related to it. "Full Service Restaurant" shall mean a place which is regularly and in a bona fide manner used and kept open for the serving of ineals to guests for compensation which has: 1) suitable kitchen facilities; 2) a primary use of sit-down meal service to patrons; 3) adequate seating arrangements for patrons provided on the premises; 4) alcoholic beverages served for consumption on the premises are clearly incidental to the primary food services determined by the Planning Director. A full-service restaurant does not include any billiard or pool hall, video arcade, bowling alley or adult entertainment business. The sale or service of sandwiches or snack foods (whether prepared in a kitchen or made elsewhere) shall not constitute a full service restaurant. "Interested Person" means any member, stockholder, officer, director, partner, principal, associate, individual, trustee, or combination thereof holding any financial interest in a permit, or who has the power to exercise influence over the operation of an alcoholic beverage establishment or a permittee. "Manager" means anyone who represents the interest of the permittee in the operation of an alcoholic beverage establishment whose duties include but may not be limited to: the making or changing of policy; hiring or firing of employees; or generally exercising independent judgement in the operation of the alcoholic beverage establishment. A manager need not have a financial interest in the alcoholic beverage establishment. A manager must be an employee of the permittee, or if not an employee, then a person having a financial interest as a partner, a shareholder, or trustee of the alcoholic beverage establishment (but not otherwise). "On-Site Sale" means the sale of alcoholic beverages including beer, wine and distilled spirits for consumption on the premises where sold. "Permit" means a conditional use permit issued pursuant to Section 26-500. 3A Ord. 1974-NCS }~ , 3 p~ ~ Q 'J "Permittee" means the individual or entity that owns an alcoholic beverage establishment and to whom a conditional use permit to operate an alcoholic beverage establishment has been issued by the City. "Transfer of a Financial Interest" shall mean the assignment, bequest, conveyance, demise, devise, gift, grant, lease, loan, sublease or transfer of a financial interest in an alcoholic beverage establishment. "Transfer of a Permit" shall mean the assignment, bequest, conveyance, demise, devise, gift, grant, lease, loan, sublease or transfer of an alcoholic beverage establishment permit. 21-430.4 Zones for Alcoholic Beverage Establishments: Alcoholic beverage establishments are conditional uses only in the commercial zones, CN, CC, CH and in certain PUD's where appropriately designated as identified by the Zoning Ordinance and General Plan. No such establishment shall be permitted in any area outside of one of these commercial zones. 21-430.6 Alcoholic Beverage Establishment Conditional Use Permit Required: A. It shall be unlawful for any person to establish or operate, or cause or permit to be operated, any alcoholic beverage establishment without first obtaining a conditional use permit as defined and set forth in Sections 21-430.8 and 26-500 of the Petaluma Zoning Ordinance. Such permit shall not be denied on the basis that the business to be established is an alcoholic beverage establishment, if the establishment is in conformance with the requirements of this Section. 21-430.8 Permit Application: A. Any person, association, partnership, corporation, or other entity desiring to obtain an alcoholic beverage establishment conditional use permit shall file an application with the Plannin~ Department on a form provided by the Director. The application shall be accompanied by a nonrefundable application processing fee in the amount established by City Council resolution. B. The application for a conditional use permit shall contain the following information: 1. T11e name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its articles of incorporation. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible management officer. 4 P Ord. 197~NCS ~ ~ ~~ ~U 2. Name, address, and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a person authorized to accept service of legal notices. 3. The proposed business name of the alcoholic beverage establishment and description of all operating aspects of the proposed business. 4. Street address of the proposed alcoholic beverage establishment and the assessor parcel number for the property. 5. A plot plan for the property depicting the location of the building housing the alcoholic beverage establishment on the property and all e~cisting and proposed parking, exterior lighting, signage, and landscaping, trash enclosures, waiting or queuing areas. 6. Any other information reasonably necessary to accomplish the purposes of Section 21-430. C. Referral to Other City Departments and Agencies. The Director of the Planning Department may refer the application to other City departments to determine whether the premises where the alcoholic beverage establishment will be located, complies with the City's building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer. D. Action on Application. Notice and public hearing requirements shall be as set forth in Section 26-500 of the Petaluma Zoning Ordinance pertaining to conditional use permit. 21-430.10 Grounds for Conditional Use Permit Denial/Revocation: A. The Planning Commission or the Planning Director shall grant the conditional use permit unless it is determined from consideration of the application, City inspection of the premises or other pertinent information that: Information contained in the application or supplemental information requested from the applicant is false in any material detail. 2. The operation of the alcoholic beverage establishment is or would be in violation of one or more provisions of these regulations and Section 26-500 (Conditional Use Permits). ~5 Ord. 1974-NCS }~- . ~j p-~- IO 3. The premises where the alcoholic beverage establishment is or will be located does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances. 4. That a conditional use permit to operate the alcoholic beverage establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than 10% of the applicant's corporate stock, which conditional use permit has been suspended and the period of suspension has not yet ended. 5. The proposed location of alcoholic beverage establishment would be inconsistent with the considerations described in Section 21-300 (General Standards governing Conditional Use Permits). b. The proposed use will adversely affect the welfare of the area residents or will result in an undue concentration in the area of alcoholic beverage establishments. 7. The pro~osed location is inappropriate for the proposed use by virtue of its proximity to: a) residential buildings; b) churches, schools, hospitals, public playgrounds and other similar uses; and c) other alcoholic beverage establishments. 8. The ~roposed use will be of such a size or propose an activity level, i.e., music, entertainment activities, food service, arcade games or other amusement activities, etc., such that it would be incompatible or unsuitable with the uses in and/or character of, the surrounding area. B. Notice of conditional use permit denial shall be in writing and shall state the grounds therefore. Notice shall be personally served on the permit applicant or mailed to his address listed on the application form. C. An alcoholic beverage establishment conditional use permit may be suspended by the Planning Director or the Planning Commission for up to one year or revoked for any of the reasons specified as grounds for conditional use ~ermit denial in Section (A) (1-8) above or failure to comply with conditions imposed through the conditional use permit. D. Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore. Any suspension or revocation shall be done as specified in Section 26-509 of the Petaluma Zoning Ordinance. A6 Ord. 1974-NCS ~ ~ p~ (D 21-430.12 Conditional iTse Permit Conditions: The Director of Planning may recommend conditional issuance of an alcoholic beverage establishment use permit by reasonable conditions to insure compliance with the provisions of Section 21-430, and other sections of the Petaluma Zoning Ordinance and Municipal Code. 21-430.14 Conditional Use Permit Valid for Specified I.ocation/Establishment: Each permit issued pursuant to Section 21-430 is only valid: A. For the s~ecific operational characteristics of the establishment as described in the conditional use permit application. B. For the specified location as described in the conditional use permit application. 21-430.16 Sale or Transfer of Business: A. No conditional use permit issued pursuant to this article may be assigned or transferred without notification to the Planning Director. The Planning Director may, refer the sale or transfer request to the Planning Commission for information. B. Transfer of partnership or corporate ownership. Notification of a transfer of a conditional use permit shall be required prior to any change in an interest in a partnership or ownership of ten percent (10%) or more of the stock of a corporation to any person not listed on the application filed by said applicant pursuant to Section 21-430.8. 21-430.18 New Conditional Use Permit Required: A. Prior to any change in the location of the alcoholic beverage establishment. B. Prior to the change of mode or manner of operation of any existing alcoholic beverage establishment. C. Prior to the enlargement or expansion of any existing alcoholic bevera~e establishment including but not limited to physical ea~pansion of the facility or expansion of the nature of the business, e.g., hours of operation, scope of activities, number of tables, etc. 21-430.20 Exceptions: The provisions of this section shall not apply to full service restaurants, off-premises alcoholic beverage sales establishments, private clubs and veteran or fraternal clubs, temporary sale of alcoholic beverages by a church, school, or charitable group as defined by the Alcoholic Beverage Control (ABC). 21-430.22 Non-conforming uses: A. Any commercial establishment which was engaged in the sale of alcoholic beverages where the business was in existence and lawfully operating before the effective date of this ordinance is herein after considered to be a legal nonconforming use. The City Council may, 7 Ord. 1974~?~CU ~. -l ~~ I ~ pursuant to the ~rovisions of Chapter 1.15 of the Petaluma Munici~al Code, at any time, require that a particular legal nonconforming business engaged in the sale of alcoholic bevera~es obtain a conditional use permit if it determines that such business is being operated in such a manner that it creates a nuisance to surrounding uses. Pursuant to Section L15.020 of the Petaluma Municipal Code, a nuisance shall exist if and when an existing alcoholic beverage establishment operates in such a manner in the ~udgement of the City Council, so that any of the following regularly occurs: generation of excessive noise, inadequate crowd control, generation of excessive lifter, inadequate parking facilities, excessive calls for police service, or existence of unsafe conditions as determined by the Chief Building Official or the Fire Marshal. B. The use of a lot for an establishment dispensing, for sale or other consideration, alcoholic beverages, including beer and wine, for on- site consumption may not be continued or re-established without conditional use permit approval granted in accordance with the provisions of this section, if any of the following occur after the effective date of this ordinance: 1. The establishment changes its type of retail liquor license classification; or 2. Pursuant to a hearing before the Department of Alcoholic Beverage Control, the liquor license is revoked or suspended for a period of more than thirty (30) days; or 3. The operation of the establishment is abandoned or discontinued for a period of six (6) months or more, including the case where the license for such operation is suspended; or 4. There is a substantial change in the mode or character of operation of the establishment as determined by the Planning Director. 21-430.24 General Requirements: A, The following are general requirements which may, among others, be required as conditions of a Conditional Use Permit to establish, expand or modify an Alcoholic Beverage Establishment: L The operation of an alcoholic beverage establishment shall be the responsibility of the permittee personally (if an individual is the permittee) or a manager or designated responsible employee of the permittee at all times. ~ The permittee shall designate the names of all such managers and designated responsible employees in the application and shall advise the Planning Director in writing whenever any change is made. 2. The permittee personally (if an individual is the permittee) or a manager or a designated responsible employee shall be on the premises at all times during the conduct of business. 3. All employees shall complete a program recognized by the Department of Alcoholic Beverage Control (ABC) as a qualified Ord. 1974*NCS . ~ 0~ ~~ ~ • It Responsible Beverage Service Program rior to the commencement of a new business or within ninety ~90) days of hire for new em~loyees. The manager of an alcoholic beverage establishment shall maintain on the premises a file containing the certificates of training for all employees. 4. Tl~e Planning Commission and City Council shall have the right to impose conditions upon the conditional use permit as are necessary for the protection of the peace, health, welfare and safety of those persons living or working in the vicinity or neighborhood. 5. The alcoholic beverage establishment shall be operated in such a manner so that it at no time violates zoning standards regarding noise generation. The applicant shall present a Noise Management Plan to the Planning Director prior to the commencement of the use. Said plan shall establish the method by which noise impacts including but not limited to amplified music and patron noise from within the facility as well as patrons/pedestrians outside of the facilit~ on the adjacent public sidewalk/street will be regulated to avoid disruption to the immediate neighborhood. Should complaints be received regarding noise disruption the applicant shall take reasonable and ~ractical steps as directed by the Planning Director to reduce the intensity, number and/or occurrences of these disruptions. Said steps may include but are not limited to the reduction of the number and/or volume of microphones, amplifiers and speakers; the installation of certain physical improvements designed to attenuate noise generation; the relocation of patron waiting/queuing areas to a location found to be acceptable to the Planning Director; and/or the reduction in hours for the commercial recreation activities. The Planning Director may require the preparation of an acoustical evaluation to quantify the noise levels and to suggest appropriate attenuation measures. Such an evaluation shall be funded by the applicant and directed by the Planning Director to be performed with no notice to owner/operator. 6. A security plan shall be prepared including, but not limited to, the periods of time and staffing levels for security personnel, duties, responsibilities and qualifications of security staff for review and approval by the Chief of Police within 14 days of this Conditional Use Permit approval. 7. Bar personnel shall check identification (I.D) at the front door to insure patrons are of legal age to enter. 8. At closing time or during special events, crowd control by qualified security personnel shall be provided to insure safety and orderly conduct in front of the premises. Sidewalks shall be kept open for pedestrian traffic at all times. 9. The Planning Director and Chief of Police shall be notified a minimum of ten (10) days in advance of special events that may attract larger than normal crowds. The Chief of Police may require and the owner/operator shall provide additional qualified security personnel on site to provide adequate crowd control. 9n Ord 1974rNCS ~~ . q 0~ I v 10. Exterior lighting shall be installed as necessary to adequately illuminate the sidewalk or other public way in front of the business at closing time. This lighting will insure the safety of patrons and discourage loitering in frant of the business. 11. The applicant shall, for the first 6 months, schedule a monthly meeting with the Planning Director and Chief of Police in order to identify and mitigate any noise/parking/lighting problems and/or neighborhood concerns. 12. The applicant shall comply with Alcoholic Beverage Control (ABC) laws and regulations. Suspension of the applicant's license by the ABC may constitute sufficient cause or basis for review and possible revocation of a conditional use permit. 13. A conditional use permit for an alcoholic beverage establishment may be recalled to the Planning Commission for review at any time due to com~laints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or other adverse operating characteristics. At such time, the Commission may revoke the conditional use permit or add/modify conditions of approval. , ~~~''~1 ~"La~u~ ~ ~~ ayor ;' IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainin~ portions of this ordinance. The Cit~ Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. INTRODUCED and ordered Posted/~'krbda~~~ this 17th day of January , 199~5. ADOPTED this sth day of February , 1995, by the following vote: AYES: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss NOES: None ABSENT: Barlas ABSTAIN: ~'`~ ~~l~`~ ATTEST~:%~,~.~' ~'`~ .APPRO ~ -D AS` FOR : i ,.~ - _~ ~ ~~'' ,~ ~. ity er ' ity ~ orney ordbar / jm2 1~~ ,~ Ot ~~ Ord. 1974`~NCS ~~'