HomeMy WebLinkAbout98-12 - Approving an Amendment to Title 20 of the Municipal Code to Establish Regulations Relating for the Operation of Retail Alcoholic Beverage Outlets [Planning Commission Amendment 869]ORDINANCE 98 -12
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF
THE MUNICIPAL CODE TO ESTABLISH REGULATIONS RELATING
FOR THE OPERATION OF RETAIL ALCOHOLIC BEVERAGE
OUTLETS [PLANNING COMMISSION AMENDMENT 869]
WHEREAS, alcohol abuse can create environments which seriously affect the public health,
safety and general welfare; and
WHEREAS, in order to reduce the costly and harmful effects of irresponsible alcohol sales
and consumption on local businesses, residents, law enforcement, medical care, educational,
preventive, treatment and rehabilitation resources, comprehensive and standardized regulations are
needed for alcoholic beverage outlets; and
WHEREAS, on April 23, 1998, Planning Commission of the City of Newport Beach held
• a public hearing this amendment; and
WHEREAS, on May 26, 1998, the City Council of the City of Newport Beach held public
•
hearings regarding this amendment; and
WHEREAS, the public was duly noticed of the public hearings; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been determined
that the proposed amendment is categorically exempt under Class 5, minor alterations in land use
limitations.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to add
Chapter 20.89 as set forth in the attached Exhibit "A."
1
SECTION 2: Section 20.82.050 of Chapter 20.82 of Title 20 of the Municipal Code shall
• be amended to read as provided in Exhibit `B."
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on May 26, 1998, and adopted on the 8th day of June 1998, by the following
vote, to wit:
u
ATTEST:
CITY CLERK
•
AYES, COUNCIL MEMBERS
Debay, O'Neil, Hedges,
Glover, Noyes, and Mayor Edwards
NOES, COUNCIL MEMBERS
None
ABSENT COUNCIL MEMBERS None
ABSTAIN, COUNCIL MEMBERS Thomson
N
Page 20.89 -1
Alcoholic Beverage Outlets
• CHAPTER 20.89
ALCOHOLIC BEVERAGE OUTLETS
Sections:
20.89.010
Purpose
20.89.020
Definitions
20.89.030
Use Permit Required
20.89.040
Authority
20.89.050
Development and Operational Regulations
20.89.060
Expiration, Violation, Discontinuance, and Revocation
20.89.070
Appeals and Calls for Review
20.89.010 Purpose
The purpose of this chapter is to preserve a healthy environment for residents and businesses by
establishing a set of consistent standards for the safe operation of alcoholic beverage retail
outlets. It is recognized that hospitality, entertainment, recreation and related businesses are a
• significant part of the City's economy, and that alcoholic beverage sales are important to the
operation of these businesses. It is also recognized that alcohol abuse can create environments
which jeopardize the continued success of these businesses and seriously affect the health, safety
and general welfare in surrounding areas, particularly residential neighborhoods.
This chapter is intended to prevent alcohol - related problems, including, but not limited to,
driving under the influence, assaults, domestic violence, public inebriation, littering, loitering,
obstruction of pedestrian traffic, noise, traffic violations, illegal parking, interference with
children on their way to and from school, interference with shoppers using the streets and
defacement and damaging of public and private property. This chapter provides a set of
additional tools to reduce the costly and harmful effects of irresponsible alcohol sales and
consumption on local businesses, residents, law enforcement, medical care, educational,
preventive, treatment and rehabilitation resources.
20.89.020 Definitions
For the purpose of this chapter, the following words or terms shall be defined as follows:
A. Alcoholic Beverage: A fermented or distilled beverage including alcohol, spirits,
• liquor, wine, beer, and every other liquid or solid containing alcohol, spirits, wine
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Page 20.89 -2
Alcoholic Beverage Outlets
• or beer which contains one -half of one percent or more of alcohol by volume and
which is fit for beverage purposes either alone or when diluted, mixed, or
combined with other substances.
B. Alcoholic Beverage Control (ABC): California State Department of Alcoholic
Beverage Control.
C. Alcoholic Beverage Outlet, Off -Sale: Any establishment wherein alcoholic
beverages are sold, served, or given away for consumption off the premises and
which is applying for or has obtained an ABC license type 20 or 21. References
to the establishment shall include any immediately adjacent area that is owned,
leased, or rented, or controlled by the permittee.
D. Alcoholic Beverage Outlet, On -Sale. Any establishment wherein alcoholic
beverages are sold, served, or given away for consumption on the premises and
which is applying for or has obtained an ABC license type 40, 41, 42, 47, 48, 51,
52, 61, 63 and/or 75. References to the establishment shall include any
immediately adjacent area that is owned, leased, or rented, or controlled by the
permittee.
• 20.89.030 Use Permit Required
A. A use permit shall be required for any new alcoholic beverage outlet and for any
existing alcoholic beverage outlet meeting any of the following criteria:
1. There is a substantial change in the mode or character of operation. A
substantial change in mode or character of operation, includes, but is not
limited to the following:
a. The alcoholic beverage outlet changes its type of retail liquor license
with the Department of Alcoholic Beverage Control; or
b. The off -sale alcoholic beverage outlet increases the floor area or shelf
space principally devoted to alcohol sales by 25 percent of more; or
c. The on -sale alcoholic beverage outlet increases the floor area
principally devoted to alcohol sales by more than 250 square feet; or
d. The alcoholic beverage outlet proposes to reinstate alcohol sales after
the ABC license has been revoked or suspended for a period greater
than 30 days by the ABC.
•
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Alcoholic Beverage Outlets
• 2. A finding is made by the Planning Commission, or the Planning Director,
as the case may be, that the existing alcoholic beverage outlet is operated
or maintained under objectionable conditions as provided herein after that
constitute a public nuisance. However, in no case shall the Planning
Commission, or the Planning Director, as the case may be, make this
finding until the owner and/or operator of the alcoholic beverage outlet has
been notified of the objectionable conditions and allowed a minimum of
30 days to correct these conditions. The Planning Commission, or the
Planning Director, as the case may be, shall include in the notice a list of
recommended actions deemed necessary to correct the objectionable
conditions.
As used in this chapter, objectionable conditions which constitute a public
nuisance shall mean repeated instances of conduct or conditions which
adversely impact the public health safety and welfare and which are
directly related to the operation of the alcoholic beverage outlet such as a
pattern of documented violations of ABC and local laws, a pattern of
documented violations of the Newport Beach Municipal Code, the Penal
Code or other State statutes, or a pattern of substantiated complaints of
activity constituting evidence of a nuisance.
• B. Required Findings. In order to approve a use permit for an alcoholic beverage
outlet, the Planning Commission, or the Planning Director, as the case may be,
shall find that the proposed use is consistent with the purpose and intent of this
chapter, in addition to the findings required by Section 20.91.035. In making the
required findings, the Planning Commission, or the Planning Director, as the case
may be, shall consider the following:
• Draft 05128198
1. Whether the use serves public convenience or necessity.
2. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City.
3. The number of alcohol licenses per capita in the reporting district and in
adjacent reporting districts as compared to the county -wide average.
4. The numbers of alcohol - related calls for service, crimes or arrests in the
reporting district and in adjacent reporting districts.
FN
EXHIBIT
Page 20.89 -4
Alcoholic Beverage Outlets
• 5. The proximity of the alcoholic beverage outlet to residential districts, day
care centers, park and recreation facilities, places of religious assembly,
and schools.
•
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Page 20.89 -5
Alcoholic Beverage Outlets
• 20.89.040 Authority
The Planning Commission shall approve, conditionally approve, or disapprove applications for
use permits for alcoholic beverage outlets.
Exception. The Planning Director shall have the authority to render decisions on use
permits for food and beverage sales establishments totaling more than 10,000 square feet
with no more than 10 percent of the gross floor area devoted to alcohol sales and display.
20.89.050 Development and Operational Regulations
A. AnnlicabilitY. The regulations of this section shall apply to any new alcoholic
beverage outlet and to any existing alcoholic beverage outlet meeting any of the
criteria specified in Section 20.89.030 (A).
M�AMM@ .
a. Signs and displays in off -sale alcoholic beverage outlets shall not
• obstruct the sales counter, cash register, seller and customer from
view from the exterior.
b. Loitering, open container, and other signs specified by the
Alcoholic Beverage Control Act shall be posted as required by the
ABC.
2. Drinking Alcohol Outside.
a. The selling of alcoholic beverages for consumption outside the
building shall be prohibited.
Exce to ion: The provision shall not apply to Eating and
Drinking Establishments with approved outdoor or
sidewalk cafe dining.
3. Nuisances. Reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, alleys
and areas surrounding the alcoholic beverage outlet and adjacent
properties must be taken during business hours if directly related to the
patrons of the subject alcoholic beverage outlet. 'Reasonable steps" shall
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Page 20.89 -6
Alcoholic Beverage Outlets
include calling the police in a timely manner; preventive design features
• (see Section 20.89.050 (13-6) below); and requesting those engaging in
such activities to cease those activities, unless personal safety would be
threatened in making that request.
4. Hours of Operation. The Planning Commission, or the Planning Director,
as the case may be, may restrict the hours of operation of the alcoholic
beverage outlet.
5. Mode of Sale. Alcoholic beverage sales from drive -up or walk -up service
windows shall be prohibited. This provision shall also apply to alcoholic
beverage sales to persons in watercraft.
6. Preventive Design. The site plan and floor plan of all alcoholic beverage
outlets shall be reviewed for opportunities to incorporate design features to
assist in reducing alcohol - related problems. The Planning Commission, or
the Planning Director, as the case may be, may condition the alcoholic
beverage outlet to incorporate preventive design features. Such 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 loitering and nuisance behavior.
Draft 05128198
7. Securi . The Planning Commission, or the Planning Director, as the case
may be, may require the alcoholic beverage outlet to provide adequate
security personnel and/or devices.
8. Litter and Graffiti. The exterior of the alcoholic beverage outlet, including
all signs and accessory buildings and structures, shall be maintained free
of litter and graffiti at all times. The owner or operator shall provide for
daily removal of trash, litter and debris from the premises and on all
abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
9. Responsible Beverage Service /Sales Training Requirements.
a. Required Training. All owners, managers and employees serving
and/or selling alcoholic beverages in alcoholic beverage outlets
undergo and successfully complete a certified training program in
responsible methods and skills for serving and selling alcoholic
beverages.
•
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Page 20.89 -7
Alcoholic Beverage Outlets
• b. When Required. Responsible Beverage service and sales training
shall be required for all new alcoholic beverage outlets and for any
existing alcoholic beverage outlet upon a finding of the Planning
Commission, or the Planning Director, as the case may be, that the
establishment is operated or maintained under objectionable
conditions that constitute a public nuisance.
C. Certified Programs. To qualify to meet the requirements of this
section a certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service
(CCC/RBS) or other certifying/licensing body which the State may
designate.
d. Timetable for Compliance. New alcoholic beverage outlets shall
comply with the requirements of this section within 180
consecutive days of the issuance of the certificate of occupancy.
Existing alcoholic beverage outlets shall comply with the
requirements of this section within 180 days of the effective date of
the use permit.
• e. Records. Records of each owner's, manager's and employee's
successful completion of the certified training program required by
this section shall be maintained on the premises of the alcoholic
beverage outlet and shall be presented upon request by a
representative of the City of Newport Beach.
£ Waiver. The Planning Commission, or the Planning Director, as
the case may be, may waive or modify all or part of the
requirements of this section upon finding that the employees of the
alcoholic beverage outlet are sufficiently knowledgeable in the
responsible methods and skills for serving and selling alcoholic
beverage training.
20.89.060 Expiration, Violation, Discontinuance, and Revocation
A. Expiration. Any use permit for an alcoholic beverage outlet granted in accordance
with the terms of this chapter shall expire within 12 months from the date of
approval unless a license has been issued or transferred by the California State
Department of Alcoholic Beverage Control prior to the expiration date.
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Page 20.89 -8
Alcoholic Beverage Outlets
• B. Time Extension. The Planning Commission, or the Planning Director, as the case
may be, may grant a time extension for a use permit for an alcoholic beverage
outlet for a period or periods not to exceed 12 months. An application for a time
extension shall be made in writing to the Planning Director no less than 30 days or
more than 90 days prior to the expiration date.
C. Violation of terms. The Planning Commission, or the Planning Director, as the
case may be, may revoke a use permit for an alcoholic beverage outlet upon
making one or more of the following findings:
1. That the permit was issued on the basis of erroneous or misleading
information or misrepresentation.
2. That the terms or conditions of approval of the permit have been violated
or that other laws or regulations have been violated.
3. The establishment for which the permit was issued is being operated in an
illegal or disorderly manner.
4. Noise from the establishment for which the permit was issued violates the
Community Noise Control Ordinance (Chapter 10.26 of the Municipal
• Code).
5. The business or establishment for which the permit was issued has had or
is having an adverse impact on the health, safety or welfare of the
neighborhood or the general public.
6. There is a violation of or failure to maintain a valid ABC license.
7. The business or establishment fails to fully comply with all the rules,
regulations and orders of the California State Department of Alcoholic
Beverage Control.
D. Discontinuance. A use permit for an alcoholic beverage outlet shall lapse if the
use is discontinued for 90 consecutive days or if the ABC license for the
establishment has been revoked or transferred to a different location.
E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96:
Enforcement.
20.89.070 Rights of Appeal and Review
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Alcoholic Beverage Outlets
• A. Rights of ADDeal and Review. Decisions of the Planning Director may be
appealed to the Planning Commission by any interested party. Decisions of the
Planning Commission may be appealed by any interested party to the City
Council.
B. Calls for Review. The Planning Commission may review any decision of the
Planning Director. The City Council may review any decision of the Planning
Commission.
C. Procedures. Procedures for appeals and calls for review shall be as prescribed by
Chapter 20.95: Appeals and Calls For Review.
E
• Drafr 05128198 EXHIBIT
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EXMBIT `B"
•
20.82.050 Accessory Outdoor Dining
A. General Provisions. Notwithstanding any other provisions of this chapter,
Chapter 20.62, Chapter 20.63, Chapter 20.64, Chanter 20.89. Chapter 20.91,
and Chapter 15.38 of the Municipal Code, the Planning Director may
approve an application to add or expand outdoor dining to an existing Eating
and Drinking Establishment provided the area devoted to outdoor dining
does not exceed 25 percent of the existing interior net public area of the
establishment, or 1000 square feet, whichever is less, and is accessory to any
indoor dining.
•
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0
•
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 98 -12 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day
of June, 1998, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Debay, O'Neil, Hedges, Glover, Noyes, and Mayor Edwards
Noes: None
Absent: None
Abstain: Thomson
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of June, 1998.
(Seal)
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
City Clerk of the City of
Newport Beach, California
OF PUBLICATION
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 98 -12 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: June 13, 1998.
In witness whereof, I have hereunto subscribed my name this lqo� day of
11998.
City Clerk of the City of
Newport Beach, California