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HomeMy WebLinkAbout04 ABC WorkshopInter -Com DATE: MAY 812007 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: WORKSHOP - ALCOHOLIC BEVERAGES CONTROL RECOMMENDATION That the Planning Commission consider the subject matter and provide direction to staff. SUMMARY OF THE ISSUE The City has recently received numerous requests to extend hours of operations limitations imposed upon on- and off-site alcoholic beverages sales establishments (restaurants, markets, bars, etc.). The Planning Commission should review the City's past practices and various options governing the operation of alcoholic sales Y establishments and provide direction to staff in this matter. / BACKGROUND Department of Alcoholic Beverages Control Authority The State Department of Alcoholic Beverages Control (ABC) administers the provisions of the Alcoholic Beverage Control Act to foster and protect the health, safety, welfare, and economic well-being of the people of the State. Since 1939 the number of alcoholic sales licenses has been limited to one on-site general license for each 2,000 persons in the county in which the premises are situated and one off-site general license for each 2,500 persons. The number of off-site beer and wine licenses is limited to one for each 2,500 people in a city or county, and the number of off-site beer and wine licenses that can be issued in a city or county in combination with off-site general licenses (e.g. a liquor store) is limited to one for each 1,250 people. Currently, the number and type of alcoholic sales licenses in the City of Tustin are as follows: Type License Quantity 20 Off-site beer and wine 20 21 Off-site general 23 40 On-site beer 1 41 On-site beer and wine bona fide eating lace 54 42 On-site beer and wine for public premises 2 Workshop — Alcoholic Beverages Control May 8, 2007 Page 2 of 5 47 On-site general bona fide eating lace 28 48 On-site general for public premises (bars/lounges 5 58 Caterer's Permit in conjunction with Type 47 5 75 On-site general brew -pub 1 TOTAL 134 Total On -Site: 91 Total Off -Site: 43 The ABC may deny any retail license located: • within the immediate vicinity of churches and hospitals; • within 600 feet of schools, public playgrounds, and nonprofit youth facilities; • within 100 feet of a residence unless the applicant can establish that the operation of the proposed premises will not interfere with the quiet enjoyment of the property by residents. ABC may restrict the hours of sale, advertising, entertainment, or any condition that appears to alleviate objections to the business' operation in the vicinity of churches, schools, and residential areas. Mere proximity is not sufficient grounds to deny the license and "common sense" variances are allowed. ABC also requires licensed "bona fide" restaurants to provide an assortment of foods commonly ordered at various hours of the day. Local Agency Regulation of ABC Licenses Local agency regulations vary widely in their approach to regulating the hours of operation associated with on- or off-site alcoholic beverages sales establishments. A review of Tustin's neighboring cities (Irvine, Santa Ana, and Orange) and the City of Tustin's code requirements reveals the following regulatory options: City of Irvine: The City of Irvine's zoning code allows bars, restaurants, markets, etc. as permitted uses in Commercial and mixed-use zones. No CUP is required for on- or off-site alcoholic beverages sales establishments, and Irvine has no sensitive use distance or hours of operation requirements for ABC uses. Irvine is a planned community that has deferred alcoholic beverages sales hours and distancing concerns to the ABC and the private property owner/manager. City of Santa Ana: Most of Santa Ana's on and off-site alcoholic beverages sales establishments as permitted uses without any consideration given to distancing from sensitive uses or hours of operation (when closed by midnight). A CUP and hours limitations are only required in the following situations: • Bars proposed in the same building as a residential use (mixed use) require a CUP, but there is no sensitive use distance requirement. • Any bar or restaurant operating between the hours of 12:00 a.m. and 5:00 a.m. that is located within 150 feet of residentially zoned or used property. Workshop — Alcoholic Beverages Control May 8, 2007 Page 3 of 5 • Retail markets having less than 20,000 square feet of floor area operating between the hours of 12:00 a.m. and 5:00 a.m. (Variance Allowed). However, to avoid market over -concentration of such markets, the following distancing requirements also apply: (1) Any off-site license within 1,000 feet of another off-site license, excluding markets over 20,000 square feet; (2) Any off-site license within 1,000 feet of any property used as a school primarily attended by minors for a church or for park purposes; (3) Any application for a location that is determined to be over - concentrated by the ABC. City of Orange: Requires a CUP for all new on- and off-site alcoholic beverage sales uses but has not established distance or hours of operation limitations beyond those enforced by the ABC. City of Tustin: The City of Tustin regulates most on- and off-site alcoholic beverages sales establishments (restaurants, bars, liquor stores, etc.) by requiring new businesses to obtain a CUP (see Exhibit 1). CUP conditions of approval typically include restrictions on the business' hours of operation, a requirement to provide staff with annual sales receipts to prove that a restaurant use sells more food than alcohol, etc. A CUP can be passed from business owner to business owner without reapplication or reconsideration by staff, the Zoning Administrator, or Planning Commission as long as the business meets the conditions of the CUP (including any limitations on the hours of business operation). A CUP is a land use entitlement that can establish a property right for the owner that may not be revoked without due process (provision of a notice and evidentiary hearing). In addition, some alcoholic sales establishments may be occurring in locations that precede our zoning code requirement for a CUP and currently operate without any hours limitations. These uses would be grandfathered and subsequent owners would also be exempt from the implementation of hours of operation restrictions. In addition, the City Council and Planning Commission have also adopted Alcoholic Beverages Sales Establishment Guidelines (see Exhibit 2) which provide definitions of the minimum operational standards for alcoholic sales (i.e., percentages of seating designed and used for meals, minimum gross receipts for food sales, etc.), and reiterates the Zoning Code's distancing requirements. Neither the Tustin City Code nor the Alcoholic Beverages Guidelines provides specific guidance or limitations on an alcoholic beverage sales establishment's hours of operation. Consequently, alcoholic beverage sales establishment's hours of operation have been set on a case-by-case basis depending upon a variety of considerations (including the owner/operator's desires) which has resulted in a variety of hours limitations, as exemplified in the table below: Workshop — Alcoholic Beverages Control May 8, 2007 Page 4 of 5 MCAS Tustin Specific Plan (Tustin Legacy): The MCAS Tustin Specific Plan requires a CUP for bars within Planning Area (PA) 15. All other on and off-site alcoholic beverage sales establishments are permitted without a CUP. Regulations have been incorporated into the Specific Plan to ensure such uses are compatible with the community including hours of operation limitations (see Exhibit 3). On-site sales establishments are limited to 1:30 a.m. and off-site establishments are limited to 12:00 a.m., unless an extension is approved by the Director of Community Development. DISCUSSION OF THE ISSUES The Planning Commission should consider the following: 1. On and off-site alcoholic beverages sales establishments hours of operation may already be adequately regulated by the ABC. The ABC's rules and regulations apply equally throughout the City, regardless of zoning location, need for a CUP, etc. 2. Alcoholic beverages establishments' hours of operation have varied over time depending upon the license type (off or on-site sales), applicant, and by zoning and could be standardized or eliminated. 3. Since nearly all bars, restaurants, or markets operate within a building, any alcoholic beverage sales business' closing time would seem equally protective of surrounding sensitive uses. All trash, noise, disorderly conduct, etc. occurring outside of a building at any time of the day or night would continue to be enforced by police or code enforcement officers. 4. Distancing requirements only work one way. Although the City carefully screens and conditions an alcoholic beverages sales application to ensure compatibility Approved Current Hours of CUP No. Business Name Business Name Address Service 89-34 Tokyo Lobby Tokyo Lobby 13951 Carroll No time Way restriction 05-005 Sushi Laguna Sushi Laguna 13962 Newport 11:00 a.m. - Ave., Unit C 10:00 p.m. daily 05-026 Chipotle Chipotle 13348 Newport 10:00 a.m. - Ave. 11:00 p.m. daily 05-046 Kogami Kogami 654 EI Camino 10:00 a.m. - Real 12:00 a.m. daily 87-4 Spoon's Kobe Steak 13741 Newport 11:00 a.m. - Restaurant House Ave. 1:00 a.m. daily 00-016 Tustin Brewing Tustin Brewing 13011 Newport 11:30 AM - Co. Co. Ave., #100 12:00 a.m. M -F 9:00 AM - 2:30 a.m. Sat 9:00 AM - 12:00 a.m. Sun MCAS Tustin Specific Plan (Tustin Legacy): The MCAS Tustin Specific Plan requires a CUP for bars within Planning Area (PA) 15. All other on and off-site alcoholic beverage sales establishments are permitted without a CUP. Regulations have been incorporated into the Specific Plan to ensure such uses are compatible with the community including hours of operation limitations (see Exhibit 3). On-site sales establishments are limited to 1:30 a.m. and off-site establishments are limited to 12:00 a.m., unless an extension is approved by the Director of Community Development. DISCUSSION OF THE ISSUES The Planning Commission should consider the following: 1. On and off-site alcoholic beverages sales establishments hours of operation may already be adequately regulated by the ABC. The ABC's rules and regulations apply equally throughout the City, regardless of zoning location, need for a CUP, etc. 2. Alcoholic beverages establishments' hours of operation have varied over time depending upon the license type (off or on-site sales), applicant, and by zoning and could be standardized or eliminated. 3. Since nearly all bars, restaurants, or markets operate within a building, any alcoholic beverage sales business' closing time would seem equally protective of surrounding sensitive uses. All trash, noise, disorderly conduct, etc. occurring outside of a building at any time of the day or night would continue to be enforced by police or code enforcement officers. 4. Distancing requirements only work one way. Although the City carefully screens and conditions an alcoholic beverages sales application to ensure compatibility Workshop — Alcoholic Beverages Control May 8, 2007 Page 5 of 5 with any nearby sensitive uses, once a CUP is issued and the use established, a sensitive use is not prohibited from moving in close proximity to the alcoholic beverage sales establishment. 5. New owners/operators are required to comply with conditions established for previously approved CUPs and Tustin City Codes, including the original applicant's business hours of operation, noise, etc. which may have become outdated with time. Implementation of standardized business operation hours (similar to the MCAS Tustin Specific Plan) would eventually eliminate the current variety of closing times and permit all alcoholic beverage sales businesses to compete equally in their market niche. 6. Standardized hours of operation limitation (if specified in the code) would bring into compliance those alcoholic sales establishments currently grandfathered and exempt from the requirements of a CUP and conditioned hours limitations. 7. City staff will continue to receive additional requests to extend hours of operations limitations imposed upon on- and off-site alcoholic beverages sales establishments (restaurants, markets, bars, etc.), which may be more appropriately handled administratively by the Director of Community Development (as with the MCAS Tustin Specific Plan) rather than through a public hearing before the Zoning Administrator or Planning Commission. Conclusion The City has recently received numerous requests to extend hours of operations limitations imposed upon on- and off-site alcoholic beverages sales establishments (restaurants, markets, bars, etc.). The Planning Commission should review the City's past practices and various options governing the operation of alcoholic sales establishments and provide direction to staff in this matter. Dana L. Ogdonj Elizabeth A. Binsack Assistant Director Director of Community Development Attachment: Exhibit A — Standard Code Requirements Exhibit B — Alcoholic Beverage Sales Establishment Guidelines Exhibit C — MCAS Tustin Specific Plan Requirements S\Cdd\PCREPORT2W7\almholicbeveragesregort.doc EXHIBIT A STANDARD CODE REQUIREMENTS STANDARD CODE LANGUAGE GOVERNING ALCOHOLIC SALES b Conditionally Permitted Uses: 1. Alcoholic beverage sales establishments subject to the following criteria and the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments. Off-site alcoholic beverage sales located in a building and permitted business with less than 15,000 square feet of gross floor area and permitted businesses with more than 15,000 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following minimum distance regulations: (a) 300 feet from any other residentially zoned or used property. 500 feet from any existing off-site sales establishment. 600 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility, or convalescent home. 600 feet from existing on-site sales establishments, except restaurant establishments. (b) Minimum distances between off-site establishments and; residentially owned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest entry/exit provided for public/customer access of the off-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between off-site sales establishment and another off-site or on-site sales establishment, except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between, the closest exterior structural walls of each side. On-site alcoholic beverage sales establishments except restaurant establishments subject to the following minimum distance regulations: (a) 1,000 feet from any residentially zoned or used property 1,000 feet from any other existing on-site except restaurant establishments or off-site sales establishments. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. (b) Minimum distances between on-site sales establishments except restaurant establishments and; residentially zoned or used property, churches, places of worship, public or private schools, parks, playgrounds, clinics, hospitals, health care facilities and convalescent homes shall be computed by measuring the distance from the closest exterior wall of the on-site establishment to the property line of any of the above uses whether inside or outside the city boundaries. (c) Minimum distances between on-site sales establishments and another off-site or on-site sales establishment except restaurant establishments whether inside or outside city boundaries shall be computed by measuring the distance between the closest exterior structural walls of each use. EXHIBIT B ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES 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 permits. 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. Amendments to these guidelines shall be considered by the Planning Commission. Alcoholic Beverage Sales Establishment Guidelines Page 1 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. II. DEFINITIONS The follou7ing 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-site or off-site 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 feet from any church, place 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 billiard/pool halls 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 Hall: An establishment with signing or advertising of billards and/or accommodating three (3) or more billard, pool, or similar games of skill. ✓ 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 billiard rooms; skating and hockey rinks and parks, virtual reality establishments, etc. This does not include card rooms; or dance clubs, 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 semi-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 beer, wine and other alcoholic beverages to patrons for on-site consumption, which is not an ancillary use to a full-service restaurant. 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 drinking 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 premises 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, billiard/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 annual sales of alcohol. ✓ 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. • Specialty Store: A market or retail store other than a convenience store with less than 3,500 square feet in gross floor area with limited hours of operations, located in a retail center with more than three (3) Alcoholic Beverage Sales Establishment Guidelines Page 6 retail tenants, that offers a combination of unique foods and beverages not commonly found in convenience or food markets or other retail stores for off-site consumption, and where alcoholic beverage sales are incidental with no more than fifteen (15) square feet of the retail floor area devoted to display of non -refrigerated alcoholic beverage sales for off-site consumption and no sales of refrigerated alcoholic beverages. III. 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, Planned Community District Regulations, or Specific Plans, 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, comfort, 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. 2. That the operational characteristics and features of the facility such as the hours of operation, outdoor dining, live entertainment, coin operated video games, and billiard/ 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. Alcoholic Beverage Sales Establishment Guidelines Page 7 V. 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 8 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 the 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 in 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 9 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 Tustin 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 alcoholic 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 shall be present in the same area as point of sale. Alcoholic Beverage Sales Establishment Guidelines Page 10 d. The sale of alcoholic beverages within a restaurant establishment shall be limited to the hours when food is 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 hours shall not exceed the hours of other similar businesses within the adjacent vicinity. i. The gross annual sales receipts shall be provided to the Community Development Department annually. j. To verify that the gross annual sales of food exceeds the 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 necessary. If the audited financial statement demonstrates that the sales of alcohol exceeds the sales of food in the area devoted to the ancillary use, the ancillary use(s) shall cease immediately until it can be determined whether the ancillary use is operating as a primary use that would be subject to distance separation requirements. 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 11 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. f. Display of alcoholic beverages for sale shall be located at least 25 feet from the location of any video arcade game, virtual reality or coin/token operated games. g. The size of the tenant space shall not be expanded without written authorization from the City of Tustin. h. Hours of operation shall be limited to and i. For specialty stores, no refrigerated alcoholic beverages may be offered for sale. j. For specialty stores, no more than fifteen (15) square feet of retail floor area may be devoted to the display of alcoholic beverage sales. Alcoholic Beverage Sales Establishment Guidelines Page 12 ATTACHMENT C MCAS TUSTIN SPECIFIC PLAN REQUIREMENTS 3.14.2 Standards A. All Alcoholic Beverage Sales Establishments (On -Site and Off -Site). 1. Applicants shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site. A copy of the license shall be provided to the City. 2. Approved uses shall operate in accordance with all applicable State, County and Tustin City Codes. Where a Conditional Use Permit is required, any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location may result in the revocation of that Conditional Use Permit, as provided for in the Tustin City Code. 3. No loitering signs shall be placed near the entrance(s) on the outside of the premises or in other specified locations where alcoholic beverages are sold. 4. 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. 5. Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be- abated immediately upon notice by the City of Tustin. B. On -Site Alcohol Beverage Sales Establishments. With the exception of restaurants, on-site alcoholic beverage sales establishments within Planning Area 15 are subject to the following minimum distance requirements as measured from the closest exterior wall of the on-site establishment to the property line of any of the following sensitive uses. On-site alcoholic beverage sales establishments in all other planning areas in which they are permitted or conditionally permitted are not subject to distance requirements. a) 300 feet from any residentially zoned or used property b) 500 feet from any other existing on-site sales establishment, except for a restaurant. c) 300 feet from any church, place of worship, public or private school, playground, clinic, hospital, or health care facility. 2. 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 or when associated with an authorized off-site alcoholic beverage sales establishment. 3. Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. 4. Operating hours of all outright permitted on-site alcoholic beverage sales establishments shall be no later than 1:30 a.m., unless an extension is approved by the Director of Community Development. Operating hours of all conditionally permitted on-site alcoholic beverage sales establishments shall be determined by the Planning Commission, Zoning Administrator, or Director of Community Development, as applicable. 5. The sale of alcoholic beverages within a restaurant establishment shall be limited to the hours when food is available. Service of food menu items shall be available during all business hours. C. Off -Site Alcohol Beverage Sales Establishments. Off-site alcoholic beverage sales establishments within Planning Area 15 are subject to the following minimum distance requirements as measured from the closest exterior wall of the off-site establishment to the property line of any of the following sensitive uses. Off-site alcoholic beverage sales establishments in all other planning areas in which they are permitted are not subject to distance requirements: a) 100 feet from any residentially zoned or used property. b) 300 feet from any church, place of worship, public or private school, playground, clinic, hospital, or health care facility. 2. No alcoholic beverages shall be consumed on the premises of the licensed off- site alcoholic beverage sales establishment, with the exception of authorized microbreweries/wine tasting establishments. 3. No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. 4. 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. 5. Display of alcoholic beverages for sale shall be located at least 25 feet from the location of any video arcade game, virtual reality or coin/token operated games. 6. Operating hours shall be no later than 12:00 a.m., unless an extension is approved by the Director of Community Development.