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a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that sell alcohol for on-sale or off-sale consumption in commercial zones. Also, in accordance with California Alcoholic Beverage Control (ABC) Act, as may be amended from time to time, these regulations provide for licensing of these types of businesses by the City. It is recognized that these establishments, by their very nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulation and review of these uses is necessary.

b. Permit and Clearances Required. Alcoholic beverage sales, including adding to the capacity, floor area or shelf space devoted to alcoholic beverages, may be permitted once applicants have secured clearances from the California Alcoholic Beverage Control Department and the Police Department, upon securing either a use permit from the Planning Commission or an administrative use permit from the Director depending on the specific sales activity as defined in Table 8.

Table 8. Alcoholic Beverage Use

Sales Activity

Required Permit

Sells or serves beer and wine only

Administrative Use Permit from the Director

Sells or serves alcoholic beverages (except beer and wine alone)

Use Permit from the Planning Commission

c. Performance Standards. All alcoholic beverage sales shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Director, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.

d. Criteria for Approving an Alcoholic Beverage Use Permit. When approving a use permit for alcoholic beverage sales, the following circumstances related to public convenience or necessity shall be considered by the decision-making body:

1. The number of businesses having authority to sell alcoholic beverages in the census tract of applicant;

2. The extent to which crime reporting has been experienced within the project vicinity neighborhood or area;

3. The extent to which the ratio of on-sale retail establishments or off-sale retail establishments, including consideration of the size of those establishments, of the census tract in which the project is located exceeds the population ratio of on-sale or off-sale, respectively, of county;

4. The concentration of other similar liquor-related businesses within the project vicinity or area;

5. The proximity of the project to schools, parks, playgrounds, recreational centers, day cares or similar uses.

6. Other criteria that may come under consideration when reviewing the application for the use permit, including, but not limited to:

(a) The proposed establishment will promote the City’s economic health, contribute to Clearlake General Plan policies or further district purposes;

(b) The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales;

(c) The applicant has not operated a licensed establishment which has been the subject of verified complaints or violations regarding alcohol, public safety or nuisance statutes or regulations;

(d) The Police Department has reported that the proposed establishment would not be expected to add to crime in the area;

(e) The extent to which products other than alcoholic beverages are sold by applicant and the extent to which alcoholic beverages are incidental to the other products; and

(f) The extent to which the particular alcohol products being sold may be subject to abuse.

e. Performance Standards. All alcoholic beverage sales shall meet the applicable criteria and standards as required by this chapter or any other regulation of the City; provided, that the Director, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this chapter or to protect the health, safety and welfare of the public, community and the environment as referenced in Table 9.

Table 9. Alcoholic Beverage Performance Standards

Performance Standards for Alcoholic Beverage Sales

NSB – On-Site Alcoholic Beverage Sales

FSB – Off-Site Alcoholic Beverage Sales

Applicable to:

Performance Standard

NSB/FSB

All servers within 90 days of employment receive “responsible beverage service training,” and whose documentation of this training should be retained on the premises.

NSB/FSB

All graffiti shall be removed on any part of the property within 48 hours of its appearance.

NSB/FSB

A sign concerning the California law prohibiting minors to drink alcohol and a sign prohibiting loitering or public drinking must be posted on the site at all times.

NSB/FSB

A copy of the conditions of approval must be kept on premises and available upon request.

NSB/FSB

Trash receptacles shall be located at convenient locations outside the establishment and operators of the business shall remove all trash on a daily basis.

NSB/FSB

If any conditions are found to be disregarded, the use permit for alcohol sales may be revoked and this aspect of the business operation may be immediately suspended.

NSB

No sale of alcohol for off-site consumption.

NSB

Establish and maintain a “complaint response/community relations” program with the Police Department.

FSB

No sale of alcohol for on-site consumption.

(Ord. #248-2020, S2 (Exh. A))