§ 249.62. THIRD STREET ALCOHOL RESTRICTED USE DISTRICT.

There is an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for both on-site and off-site consumption in the Bayview area. The existence of this many alcoholic beverage establishments appears to contribute directly to numerous peace, health, safety and general welfare problems in the area, including loitering, littering, drug trafficking, prostitution, public drunkenness, defacement and damaging of structures, pedestrian obstructions, as well as traffic circulation, parking and noise problems on public streets and neighborhood lots. The existence of such problems creates serious impacts on the health, safety and welfare of residents of nearby single- and multiple-family areas, including fear for the safety of children, elderly residents and of visitors to the area. The problems also contribute to the deterioration of the neighborhood and concomitant devaluation of property and destruction of community values and quality of life. The number of establishments selling alcoholic beverages and the associated problems discourage more desirable and needed commercial uses in the area.

(a) In order to preserve the residential character and the neighborhood-serving commercial uses of the area, the Third Street Alcohol Restricted Use District (Third Street Alcohol RUD) is hereby established for the property in the area generally bounded by Islais Creek to the North, Quint Street, Phelps Street, Tampa Street, Bridgeview Drive, Newhall Street, Venus Street and Egbert Avenue to the West, US Highway 101 to the South, and Mendell Street, La Salle Avenue, Keith Street, Palou Street, Jennings Street, and Ingalls Street to the East, as designated on Sectional Map numbers 8 and 10. The Third Street Alcohol RUD is designated on Section Map Numbers 8SU and 10SU.

(1) No new on-sale or off-sale liquor establishment shall be permitted in the Third Street Alcohol RUD.

(2) The prohibition on Liquor Establishments shall not be interpreted to prohibit the following:

(A) Temporary uses, as described in Planning Code Section 205.1 or 205.3;

(B) Establishment of a Liquor Establishment if application for such Liquor Establishment is on file with the California Department of Alcoholic Beverage Control prior to the effective date of legislation establishing the Third Street Alcohol RUD;

(C) Sales of wine and brandy pursuant to an Alcohol Beverage Control (ABC) License Type 2; or

(D) Sales and manufacturing of beer pursuant to an Alcohol Beverage Control (ABC) License Type 23.

(3) Continuation of Existing Prohibited Liquor Establishments. In the Third Street Alcohol RUD, any Prohibited Liquor Establishment may continue in accordance with Planning Code Section 180 through 186.2, subject to the following provisions.

(A) A Prohibited Liquor Establishment lawfully existing and selling alcoholic beverages as licensed by the State of California prior to the effective date of this legislation, or subsequent legislation prohibiting that type of Liquor Establishment, so long as otherwise lawful, may continue to operate only under the following conditions, as provided by California Business and Professions Code Section 23790:

(i) Except as provided by Subsection (B) below, the premises shall retain the same type of retail liquor license within a license classification; and

(ii) Except as provided by Subsection (B) below, the licensed premises shall be operated continuously, without substantial change in mode or character of operation.

(B) A break in continuous operation shall not be interpreted to include the following, provided that the location of the establishment does not change, the square footage used for the sale of alcoholic beverages does not increase, and the type of California Department of Alcoholic Beverage Control Liquor License ("ABC" License) does not change except as indicated:

(i) A change in ownership of a Prohibited Liquor Establishment or an owner-to-owner transfer of an ABC License;

(ii) Re-establishment, restoration or repair of an existing Prohibited Liquor Establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God;

(iii) Temporary closure of an existing Prohibited Liquor Establishment for not more than ninety (90) days for repair, renovation or remodeling;

(iv) Re-location of an existing Prohibited Liquor Establishment in the Third Street Alcohol RUD to another location within the same Third Street Alcohol RUD with conditional use authorization from the City Planning Commission, provided that the original premises shall not be occupied by a Prohibited Liquor Establishment, unless by another Prohibited Liquor Establishment that is also relocating from within the Third Street Alcohol RUD; or

(v) A change from a Type 21 (off-sale) to a Type 20 (off-sale beer and wine) license or a change from any Alcohol Beverage Control Board License type to a Type 41 (on-sale beer and wine - eating place).

(b) The following shall apply to all liquor establishments in the Third Street Alcohol RUD in order to maintain the safety of the premises and vicinity:

(1) Liquor establishments shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking, as appropriate to maintain security, without disturbing area residences; and

(2) No more than 33 percent of the square footage of the windows and clear doors of Liquor establishments shall bear advertising or signage of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises.

(c) Definitions.

"Liquor establishment" shall mean any enterprise selling alcoholic beverages, as defined by California Business and Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license.

“Off-sale liquor establishment” shall mean any Liquor Store use as defined in Section 102 of this Code.

"On-sale liquor establishment" shall mean any liquor establishment which has obtained Alcoholic Beverage Control Board license type 40 (on-sale beer), type 42 (on-sale beer and wine public premises), type 48 (on-sale general-public premises) or type 57 (special on-sale general) selling alcoholic beverages for consumption on the premises. Typical on-sale establishments may include but are not limited to bars serving alcoholic beverages. It shall not include types 41, 47, 51, 52, 59, 60, 61, 67, 70 or 75.

"Prohibited liquor establishment" shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of the establishment of the Third Street Alcohol RUD and licensed by the State of California for the retail sale of alcoholic beverages for on- or off-site consumption, so long as otherwise lawful.

(d) Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the Third Street Alcohol Restricted Use District are within the Fringe Financial Service Restricted Use District established by Section 249.35 and are subject to the controls and exemptions set forth in Section 249.35.

(Added by Ord. , File No. 110482, App. 7/5/2011, Eff. 8/4/2011; amended by Ord. , File No. 131121, App. 4/3/2014, Eff. 5/3/2014; Ord. , File No. 140875, App. 12/17/2014, Eff. 1/16/2015; Ord. , File No. 180557, App. 8/10/2018, Eff. 9/10/2018)

AMENDMENT HISTORY

Formerly codified as Sec. 782; see that section for prior legislative history. Section header amended and section renumbered; Ord. , Eff. 8/4/2011. Division (a)(2)(C) added; Ord. , Eff. 5/3/2014. Division (a)(2)(D) added; subdivision designations amended within divisions (a)(3)(A), (a)(3)(B), and (c); Ord. ; Eff. 1/16/2015. Division (c) amended; Ord. , Eff. 9/10/2018.