HomeMy WebLinkAboutCC RES 00-36J RESOLUTION NO. 00-36
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.
TUSTIN AMENDING THE ALCOHOLIC BEVERAGE SALES
4 ESTABLISHMENT GUIDELINES
6 The City Council of the City of Tustin does hereby resolve as follows:
? I. The City Council finds and determines as follows:
8 A. That Planning Commission Resolution No. 3687 amended
9 Planning Commission Resolution No. 3366 which established
the "Alcoholic Beverage Sales Establishment Guidelines" to
J0 be followed in reviewing alcoholic beverage sales
n establishment proposals under the Tustin City Code.
~2 B. That adoption of Ordinance No. 1230 enabled the Guidelines
~3 to assist define and interpret zoning regulations to promote
orderly development and protect the public health, safety and
~4 general welfare and preserve and enhance the quality of the
~5 City relating to alcoholic beverage sales establishments.
~6 II. In amending the Alcoholic Beverage Sales Establishment
GUidelines, the City Council finds and determines:
l?
is A. That certain policies, definitions, findings, and recommended
conditions of approval shall be considered by the Community
19
Development Department staff and the Planning Commission
2o when considering development applications for alcoholic
· beverage sales establishmentuSes.
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~ B. That the guidelines provide interpretative guidance to promote
orderly development and help mitigate impacts typically
23 associated with alcoholic beverage sales establishments.
24 II
C. That theamendmentto the guidelineswould:
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26 1 ) Prevent a restaurant from establishing an ancillary use
where sales of alcohol exceeds sales of food, in close
27 proximityto sensitive uses as defined in the Tustin City
2s Code, existing Planned Community District
Regulations, and Specific Plans. Any ancillary use of a
~ restaurant that is located near sensitive uses would
have to be oriented to food over alcohol;
Resolution No. 00-36
Page 2
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2 2) Add a recommended condition of approval for ancillary
uses within restaurants to ensure orderly development
3 of primary and ancillary uses; and,
4 3) Be consistent with the City Council's determination that
5 the Planned Industrial and Planned Community zoning
districts of the Tustin City Code and existing Planned
6 Community District Regulations and Specific Plans are
? subject to distance separations between on and off-site
sales establishment and sensitive uses and that the
8 Planning Commission is the appropriate approval body
9 to consider future amendments to the Alcoholic
Beverage Sales Establishment Guidelines.
]0
III. The City Council hereby amends the Alcoholic Beverage Sales
Establishment Guidelines, attached hereto as Exhibit A, in the
~2 following manner:
~s Policy Section: The last sentence shall read as follows:
]4
"Amendments to these guidelines shall be considered by the
~5 Planning Commission."
Section II, Definition of Restaurant: The last sentence shall read as
follows:
]8
"In the area devoted to the ancillary use, the gross annual
~9 sales of food shall exceed the gross annual sales of
alcohol."
2~ Section Ill, Permit Process: The second sentence shall be amended
as follows:
22
23 "The sale of alcoholic beverages for on-site or off-site
consumption at new or exiting establishments, as regulated
by the Zoning Code ~.q
24 shall comply with these
25
guidelines.'"
26
27 Section V, 2.2: Condition (j) shall be added as follows:
2s "j. To verify that the gross annual sales of food exceeds the
29 gross annual sales of alcohol in an area devoted to an
ancillary use, an audited financial statement shall be
provided for review and approved by the Community
Development Director quarterly and/or annually, as deemed
Resolution No. 00-36
Page 3
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2 necessary. If the audited financial statement demonstrates
that the sages of alcohol exceeds the sales of food in the
3 area devoted to the ancillary use, the ancillary Use(s) shall
4 cease immediately until it can be determined whether the
ancillary use is operating as a primary use that would be
s subject to distance separation requirements."
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
? the 19th day of June, 2000..
JL:/f=IILd'RY I~1. THOMAS'
Mayor
12
z3 ~ P KER
e
14
STATE OF CALIFORNIA )
~6 COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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CERTIFICATION FOR RESOLUTION NO. 00-36
~9 PAMELA STOKER~ City Clerk and ex-officio Clerk of the City Council
20 of the City of ]'ustin, California, does hereby certify that the whole number
of the members of the City Council of the City of Tustin is 5; that the above
2~ and foregoing Resolution 00-36 was duly and regularly introduced, passed,
22 and adopted at a regu!a~meeting of the Tustin City Council, held on the 19~"
day of June, 2000i
23
COUNCILMEMBERAYES: _';'aomas, TeTorley, ])o~'le, l~ot:l:s, Salt:arellj_
COUNCILMEMBER NOES: l~oae
COUNCILMEMBERABSTAINED: Done
COUNCILMEMBERABSENT: t~one
27 p~
28 '
~ City Clerk
EXHIBIT A OF RESOLUTION NO. 00-36
CITY OF TUSTIN
ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES
PURPOSE
AND INTENT: The purpose of these guidelines is to set forth guidelines to
be considered in conjunction with the conditional use permit
process to promote and protect the public health, safety and
general welfare, and preserve and enhance the quality of the
City relating to establishments selling alcoholic beverages
for on- and off-site consumption. To fulfill this purpose, it is
the intent of these guidelines is to:
1. Establish reasonable guidelines to promote orderly
development;
2. Identify operational guidelines to minimize the
impacts on adjacent properties and neighborhoods;
and,
3. Ensure implementation of certain regulations
necessary to protect public safety.
POLICY: The guidelines together with the Tustin City Code shall be
considered by the Community Development Department
and the Planning Commission in conjunction with
applications for conditional use pe~dts. The guidelines
define on- and off-site alcoholic beverage sales
establishments, identify desirable project characteristics, and
set forth recommended findings and conditions of approval.
The provisions contained herein shall be considered
guidelines. The Zoning Administrator or Planning
Commission may consider deviations when all the required
findings can be made. ~dments:f6~l~'4S~ ~
~halLbe Cc/r/sider~a~yzLhePl~g COn-LrAiSSiOn. .
Alcoholic Beverage Sales Establishment Guidelines Page
USING THE GUIDELINES
I. ORGANIZATION
The guidelines are organized into four sections:
1. Definitions: The definitions delineate on-site or off-site sales
establishments and supplement uses described and regulated by the
Tustin City Code and adopted Use Determinations.
2. Permit Process: The permit process identifies processing procedures for
obtaining approval for on- and off-site alcoholic beverage sales
establishments.
3. Findings: Findings are provided to be considered for incorporation into
project resolutions as adopted by the Zoning Administrator or Planning
Commission.
4. Development Guidelines and Standard Conditions of Approval: The
development guidelines are conditions of approval that are to be
incorporated into project resolutions adopted by the Zoning
Administrator or Planning Commission. The development
guidelines/conditions of approval provide minimum standards for
operational characteristics of specific types of uses,
IL DEFINITIONS
The .following definitions supplement uses described and regulated by the Tustin City
Code and adopted Use Determinations and are to be used in determining whether a use is
an on-site or off-site sales establishment. If there is a discrepancy with the following
definitions, the Zoning Code shall prevail.
Alcohol Beverage Sales Establishments: Alcohol beverage sales establishments
are comprised of on-site and off-site establishments. Alcohol is either sold for
consumption on the premises (on-site) or sold for consumption off the premises
(off-site). The following definitions are grouped under on-sife or off-sife sales
establishments and incorporate the regulations regarding sale of alcohol and
types of uses defined by the Tustin City Code and adopted Use Determinations.
On-Site Sales Establishment: An on-site sales establishment provides for
the sale of alcoholic beverages for consumption on the premises. On-site
sales establishmentS, such as amusement resorts or clubs, are subject to
the following minimum distance regulations measured from the closest
exterior wall of the on-site establishment to the property line of any of the
Alcoholic Beverage Sales Establishment Guidelines Page 2
following sensitive uses. Restaurant establishments, as defined in these
guidelines, are excluded from the distance regulations.
1. 1,000 feet from any residentially zoned or used property.
2. 1,000 feet from any other existing off-site sales establishment or on-
site sales establishments except for a restaurant.
3. ._1,000 f. eet .from any church, p!a.~.e of worship, public or. private
school, park, playground, clinic, hospital, health care facility or
convalescent home.
Definitions of On-Site Sales Establishments:
· Amusement Resorts: include arcades, theaters, auditoriums, social
halls and indoor/outdoor recreation facilities, including
billlard/pool hails and bowling alleys. Facilities that serve beer,
wine or other alcoholic beverages and are not ancillary to a full-
service restaurant on the premises, or that utilize more than 50
percent of the total gross floor area of the establishment, shall be
subject to the distance requirements for on-site sales
establishments.
· / Arcade: An establishment that has more than five
coin or token operated video, pinball, electronically
interactive games, virtual reality games, or any other
machines which provide games and/or show movies
or videotapes for entertainment purposes.
· / Billiard/Pool Halh An establishment With signing or
advertising of billards and/or accommodating three
(3) or more billard, pool, or similar games of skill.
v' Bowling Alley: An indoor facility providing lanes
and services for the purpose of bowling. These
facilities may include ancillary retail sales of bowling
merchandise, food and beverages.
Indoor/Outdoor Recreation Facilities: An
establishment designating more than 50 percent of the
total square footage including indoor and outdoor
areas to amusement/entertainment services, sports
and types of recreation where a fee or admission is
charged, including arcades containing coin or token
operated amusements and/or electronic games;
batting cages, go-cart and miniature auto race tracks;
Alcoholic Beverage Sales Establishment Guidelines Page 3
golf driving ranges separate from golf courses;
miniature golf; swim and tennis clubs; bowling alleys;
children's entertainment centers; pool and billlard
rooms; skating and hockey rinks and parks, virtual
reality establishments, etc. This does not include card
rooms; or dance dubs, halls and ballrooms, which are
included in the definition of "Bars".
Theaters, Auditoriums, Social Halls; An indoor
facility for public assembly and group entertainment
including public and sen'u-public auditoriums,
exhibition and social and convention halls, civic
theaters, meeting halls, country clubs and facilities for
"live" theatrical entertainment, musical concerts,
motion pictures, video taped presentations, or slide
photographs, and offers food and drink that is not
ancillary to a full-service restaurant within the
premises. These facilities are for use or rent by the
general public.
· Clubs: An establishment with table and bar seating that serves
beez, wine and other alcoholic beverages to patrons for on-site
consumption, which xs not an ancillary use to a full-service
restaurarLt. If food service is offered, the gross receipts of alcohol
sales exceed the gross receipts of food sales.
~' Bar/Nightclub: A bar or nightclub establishment
typically stays open late at night and can offer a
combination of live performers, a piano bar, musical
groups with acoustical instruments, amplified music,
facilities for patron dancing, comedy or magic acts,
and/or food and drink that is not ancillary to a full-
service restaurant, and the gross annual sale of
alcohol may exceed the gross annual sale of food. A
bar or nightclub can also be referred to as a cocktail
bar or alcoholic beverage drLrtking place.
Membership Organizations: Permanent,
headquarters, and meeting facilities for organizations
operating on a membership basis for the promotion of
the interests of the members, including facilities for:
business associations; professional membership
organizations; labor unions and similar organizations;
civic, social and fraternal organizations; political
Alcoholic Beverage Sales Establishment Guidelines Page 4
organizations and other membership organizations.
May include meeting facilities, and food preparation
and-dining facilities available to members "only.
However, this does not include country clubs, which
is defined under "Theaters, Auditoriums and Social
Halls" above.
Microbrewery: A tasting facility or bar ancillary to
the production of beer and where the production of
beer is not ancillary to a full-service restaurant within
the facility.
· Restaurant: A retail establishment that sells food and beverages
prepared on the site, where customers are served for on-site
consumption. At least 80 percent of the prenuses seating shall be
designed and used for and must possess the necessary utensils, table
service, and condiment dispensers with which to serve meals to the
public. The gross annual sales of food shall exceed the sale of alcohol.
A restaurant may have ancillary uses such as a lounge, microbrewery,
billlard/pool tables, video games, public dancing, and live
entertainment, ancillary to the restaurant use. In the area devoted to
the ancillary use, the gross annual sales of:food shall exceed the gross
a.rmual Sale~ of alc6hol.
· ," Lounge (Cocktail Lounge): A designated area with
table and bar seating within a full service restaurant
where alcoholic beverages are served for on-site
consumption. The gross receipts of food sales must
exceed the gross receipts of alcohol sales. The area of
the lounge shall be less than 50 percent of the total
dining area of the restaurant.
Microbrewery: If the production of beer is ancillary to
a full-service restaurant within the facility providing
food and drink including the microbrew produced
on-site, the microbrewery can be considered a
restaurant.
· :. Off-Site Sales Establishment: The sale of alcoholic beverages for
consumption off the premises. Off-site sales in an establishment less than
15,000 square feet and in establishments greater than 15,000 square feet
where the alcohol beverage sales area occupies more than 10 percent of
the gross floor area are subject to the following minimum distance
regulations.
Alcoholic Beverage Sales Establishment Guidelines Page 5
1. 300 feet from any residentially zoned or used property.
2. 500 feet from any' other existing off-site sales establishment.
3. 600 feet from any church, place of worship, public or private
school, park, playground, clinic, hospital, health care facility or
convalescent home.
4. 600 feet from existing on-site sales establishments, except
restaurant establishments.
Definitions of Off-Site Establishments
· Convenience Store: A retail establishment that is under 15,000 square
feet in size where food, beverage, magazines and auto related items, or
any combination thereof, are sold for off-site consumption. Alcoholic
beverage sales are considered a primary use when they occur within a
retail business that is less than 15,000 square feet in gross floor area. or
where the total area of sales is more than 10 percent of the total gross
floor area.
· Food Market Store: A retail establishment where food, beverage,
household and personal items, or any combination thereof, are sold for
off-site consumption. Alcoholic beverage sales are considered an
accessory use when included as part of another retail business that
occupies at least 15,000 square feet of gross floor area, and where the
total area devoted to alcoholic beverage sales occupies no more than 10
percent of the total gross floor area and are exempt from distance
requirements. Alcoholic beverage sales are considered a primary use
when they occur within a retail business where the total area of sales is
more than 10 percent of the total gross floor area and would be defined
as a convenience store.
· Microbrewery: An establishment that includes beverage production of
beer and may include a tasting facility and sales of beer produced on
the premises. The establishment shall not include the sale of alcoholic
beverages for on-site consumption with the exception of sampling the
product within a tasting facility.
· Restaurant (Take-Out): A retail establishment that sells food prepared
on the premises and beverages solely for off-site consumption.
Alcoholic Beverage Sales Establishment Guidelines Page 6
IIL PERMIT PROCESS
Applicants requesting approval for the on- or off-site sale and/or consumption
of alcoholic beverages shall obtain a conditional use permit issued by the Zoning
Administrator or Planning Commission.
Projects Subject to the Guidelines
The sale of alcoholic beverages for on-site or off-Site consumption at new or
existing establishments, as regulated by the Zoning Code, PI~eCl: C0mmuni~
DiS~t R~6~: 6~ Specific PlY, shall comply with these guidelines. ' ·
IV, REQUIRED FINDINGS
In considering applications for alcoholic beverage sales establishments, the Zoning
Administrator and/or the Planning Commission shall find the following:
1. That the establishment, maintenance and operation of selling alcoholic
beverages for on- or off-site consumption or ancillary uses related thereto
will not be detrimental to the health, safety, morals, corrffort, or general
welfare of the persons residing or working in the neighborhood, nor be
injurious or detrimental to the property and improvements in the
neighborhood of the subject property, or to the general welfare of the City of
Tustin, as evidenced by specified findings.
2o That the operational characteristics and features of the facility such as the
hours of operation, outdoor dining, live entertainment, coin operated
video games, and billlard/pool tables, are appropriate for the location and
type of use proposed in relation to surrounding residential areas, sensitive
uses such as places of worship, parks, schools, hospitals, clinics,
convalescent homes, and other similar uses selling or serving alcoholic
beverages.
3. That the development or modification of an establishment selling
alcoholic beverages shall be consistent with the General Plan and Zoning
Code.
Vo DEVELOPMENT GUIDELINES AND CONDITIONS OF APPROVAL
The following guidelines are set forth as recommended conditions of approval to identify
desirable project characteristics and operating conditions for specified uses and ensure
compliance through incorporation into approval resolutions.
AlcOholic Beverage Sales Establishment Guidelines Page 7
1. All Sales Establishments (On-Site and Off-Site Sales):
a. Applicants shall obtain the appropriate license from the"State
Department of Alcoholic Beverage Control for the type of alcoholic
sales authorized for th~ site. A copy shall provided to the City.
b. Approved uses shall operate within all applicable State, County
and the Tustin City Code. Any violations of the regulations of the
Department of Alcoholic Beverage Control as they pertain to the
subject location, or of the City of Tustin, as they relate to the sale of
alcoholic beverages, may result in the revocation of the subject
Conditional Use Permit, as provided for the Tustin City Code.
c. No loitering signs shall be placed near the entrance on the outside
of the premises or in other specified locations where alcoholic
beverages are sold.
d. All litter shall be removed from the exterior areas around the
premises including adjacent public sidewalk areas, and parking
areas, no less frequently than once each day that the business is
open.
e. Public telephones inside and adjacent to the establishment shall be
modified to prevent incoming calls.
f. No sexually oriented businesses shall be conducted on the premises
without approval by the City in accordance with the Tustin City
Code.
g. Business operations shall be in a manner which does not create a
public or private nuisance. Any such nuisance must be abated
immediately upon notice by the City of Tustin.
h. The applicant shall sign and return an "Agreement to Conditions
Imposed" form provided by the Community Development Director
which states that the property.owner, applicant, and/or tenant
agrees to comply with all conditions imposed by the City. Failure
to comply with the conditions of approval shall be grounds for
revocation of the conditional use permit.
Alcoholic Beverage Sales Establishment Guidelines Page 8
2. All On-Site Sales Establishments:
a. All alcohol shall-be consumed on-site with the exception of the
provisions stated in the Business and Professions Code Section
23396.5 and 23401.
b. Authorization for on-site sales of alcohol in conjunction with the
proposed use is contingent upon the use remaining at the subject
site. At such time the use is discontinued or no longer the primary
use of the site, the use permit shall be deemed null and void.
c. Ambient noise of the on-site sales facility shall not exceed the
standards of the City of Tustin Noise Ordinance.
2.1 Amusement Resorts & Clubs:
a. All persons serving alcoholic beverages within an
establishment other than a restaurant must be 21 years of
age or older.
b. No outdoor seating is allowed at the site without approvals
in accordance with the Tuslin City Code.
c. Operating hours shall be determined by the Planning
Commission.
d. The gross annual sales receipts shall be provided to the
Community Development Department annually.
2.2 Restaurants:
a. The restaurant menu shall consist of foods that are prepared
on the premises.
b. No outdoor seating is allowed at the site without approvals
in accordance with the Tustin City Code.
c. All persons serving akoholic beverages within a restaurant
establishment must be 18 years of age or older and
supervised by someone 21 years of age or older. The
supervisor shah be present in the same area as point of sale.
Alcoholic Beverage Sales Establishment Guidelines Page 9
d. The sale of alcoholic beverages within a restaurant
establishment shall be limited to the hours when food ~s
available. Service of food menu items shall be during all
business hours.
e. Any cocktail lounge or bar area within a restaurant shall
function as a food and beverage service bar.
f. One billiard or pool table shall be permitted for every 2,000
square feet of total gross floor area of the restaurant up to a
maximum of two (2) tables.
g. A maximum of five coin 'operated video arcade games,
virtual reality games or coin operated games may be located
on the premises.
h. Operating houzs shall not exceed the hours of other similar
businesses withLn the adjacent vicinity.
i. The gross annual sales receipts shall be provided to the
Community Development Department annually.
3. Off-Site Sales:
a. All persons selling alcoholic beverages for off-site consumption
shall be 21 years of age or older.
b. No alcoholic beverages shall be consumed on the property or any
adjacent property to the licensed premises.
Alcoholic Beverage Sales Establishment Guidelines Page 10
c. Refrigerated single serving beverage containers shall be located in
an enclosed refrigeration unit no less than 10 feet from the point of
sale and a minimum of five feet from the entrance to the premises.
d. No display, sale or distribution of alcoholic beverages shall be
made from an ice tub, barrel or similar container.
e. For establishments selling alcoholic beverages and gasoline, no
signs advertising alcoholic beverages may be visible from the
exterior of the building or on gasoline pumps or islands.
fo Display of alcoholic beverages for sale shall be located at least 25
feet from the location of any video arcade game, viztual reality or
coin/token operated games.
Alcoholic Beverage Sales EstabliShment Guidelines Page