§ 26.2. DEEMED APPROVED OFF-SALE ALCOHOL USE NUISANCE REGULATIONS.

The provisions of Chapter 26 shall be known as the "Deemed Approved Off-Sale Alcohol Use Nuisance Regulations." The purpose of these regulations is to promote the public health, safety and general welfare by requiring that businesses that sell alcoholic beverages for off-site consumption and that were permitted, conditionally permitted, or nonconforming uses before the adoption of these regulations, or that are permitted or conditionally permitted by the City after the adoption of these regulations, comply with the Deemed Approved Performance Standards as specified in Section 26.12 in order to achieve the following objectives:

(1) To protect adjacent neighborhoods from the harmful effects of nuisance activities often attendant to the sale of alcoholic beverages for off-site consumption.

(2) To provide opportunities for businesses that sell alcoholic beverages for off-site consumption to operate in a mutually beneficial relationship to each other and to other commercial and civic services.

(3) To provide mechanisms to address nuisance problems often associated with the sale of alcoholic beverages, such as litter, graffiti, unruly behavior, and escalated noise levels.

(4) To ensure that businesses that sell alcoholic beverages for off-site consumption are not the source of undue public nuisances in the community.

(5) To ensure that sites where alcoholic beverages are sold for off-site consumption are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment.

(6) To monitor off-sale alcohol uses to ensure that they do not substantially change their mode or character of operation.

(Added by Ord. 43-06, File No. 051792, App. 3/10/2006)