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HomeMy WebLinkAboutALCOHOLIC BEVERAGE SALES PRESENTATION - 4.17.18ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS April 17, 2018 1 OVERVIEW OF ALCOHOL REGULATION Ordinance established a conditional use permit for all on -and off-site alcoholic beverage sales establishments. Established distance separation requirements between various land uses and any off-site alcoholic beverage sales establishments. Allowed an exemption for supermarkets that sell alcoholic beverages for off-site consumption. Updated the alcohol sales establishment distance separation requirements. The City Council established alcohol sales establishment distance separation requirements Planned Community, Planned Community Industrial and Specific Plan areas; and enabled the Alcoholic Beverage Sales Establishment Guidelines to be applied citywide. 2 HISTORY OF ALCOHOL REGULATION The City Council updated the Alcoholic Beverage Sales Establishment Guidelines. Planning Commission established standardized hours of operation: Updated Zoning Code for CR District allowing wine tasting rooms and microwineries in the Cultural Resources District (Old Town) not subject to distancing requirements. February: the City Council and Planning Commission held a joint workshop to discuss issues and potential amendments to City requirements and policies, which were agreed to be too restrictive. September: following direction from the joint workshop, the Planning Commission held a workshop to explore opportunities to modify alcoholic beverage sales regulations, and provided staff with direction considered in the proposed Code Amendment. 3 o California Department of ABC o Current Regulations o New and evolving uses Alcohol Establishments Guidelines4 CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC ) 5 Alcoholic beverage sales licenses are bound by ABC regulations Prohibits sales between 2:00 am and 6 a.m. The Department of ABC issues licenses if the location is: Not high crime Too many outlets OR PC or N is determined Figure 1. Tustin Census Tracts CURRENT REQUIREMENTS 1,000 feet away from residentially zoned or used property, sensitive uses and any other existing on-site establishments except for restaurant establishments Except restaurant establishments Except Wine tasting rooms/micro -winery within CR District Except specialty stores less than 3,500 square feet 1 Greater than 15,000 square feet where alcoholic beverage sales area occupies less than 10 percent of the gross floor area is exempt. Less than 15,000 square feet of floor area and less than 15,000 square feet where alcoholic beverage sales area occupies more than 10 percent of the gross floor area subject to the following distancing requirements: 300 feet away from residentially zoned or used property 500 feet away from other existing off-site sales establishments 600 feet away from sensitive uses On-Site Sales Establishment Off-Site Sales Establishment 6 CURRENT BUSINESS HOURS ABC prohibits the sale of alcohol between 2 a.m. and 6 a.m. Tustin businesses are conditioned to close any time prior to 11:00 p.m. weekdays, 12:00 a.m. weekends Requests to serve alcohol later than City standards times are considered by the Planning Commission on a case-by -case basis 7 NEW AND EVOLVING ALCOHOLIC BEVERAGE SALES USES Alcoholic Beverage Producers(craft breweries, wineries, distilleries) On-premise tasting room at which guests sample products Specialty Stores (BevMo) Neighborhood Markets Convenience Stores Recreational uses Paint & ceramic classes 8 o Draft Ordinance o Draft Alcoholic Beverage Sales Guidelines Draft Concept9 DRAFT ORDINANCE NO. 1493 10 All commercially and industrially zoned properties would be eligible to apply for a CUP. The proposed Code Amendment would establish the following: Require a CUP for on or off-site sales establishments; Reduce the square footage requirement from 15,000 square feet to 10,000 square feet for off-site alcoholic beverage sales to establish without a CUP; Remove the existing distance separation requirements; Allow establishments to open until 2:00 a.m. with conditions that allow for reduced hours if noise or security complaints are received; and Establish guidelines for revocation of CUPs for on-or off-site sales establishments that create an undue burden to the community. ALCOHOLIC BEVERAGE SALES GUIDELINES 11 Amend guidelines to establish the following: Require managers and/or employees to complete a certified training program; Require sales establishments to hire a private security guards if determined to be necessary by TPD; Require sales establishments to install and maintain a video surveillance system available upon TPD request; Implement a written security policy and procedures manual; Require sales establishments to abate any nuisance upon notice by the City; Require applicant and/or future transfer of ownership to sign “Agreement to Conditions Imposed”; Require annual review of CUP or more if determined necessary; and Utilize an age verification means for all purchases of alcoholic beverages. Effective upon adoption of Ordinance No. 1493 PLANNING COMMISSION MEETING MARCH 13, 2018 12 The Planning Commission recommended that the Tustin City Council adopt Ordinance No. 1493 Concerns regarding new off-site alcoholic beverage sales establishments ◼Potential overconcentration of off -site sales establishments; such liquor stores; ◼Desire to maintain a healthy community; ◼Sales establishments within high crime rate areas; ◼Liquor stores not being the type of economic vibrancy that the City is seeking; ◼Proximity of sales establishments to schools; and ◼The effects of the proposed amendment. Suggestions for removing distancing requirements for residentially zoned or used property, but retaining remaining requirements RECOMMENDATION 13 That the City Council hold the first reading of Ordinance No. 1493, related to alcoholic beverage sales establishments, and schedule the second reading on May 1, 2018, for ordinance adoption. Sensitive Uses 15 16 Sensitive Uses & Existing Establishments 17 Sensitive Uses, Except Schools School (K-12) 18 School (K-12) 19 Previously Requested Locations 20 Existing Off-Site Establishments 21 Existing On-Site Establishments 22