(a) Purpose. Establishments which serve alcoholic beverages receive special attention from the city because of their potential to create problems, such as littering, loitering, public intoxication and disturbances. All establishments selling alcoholic beverages are reviewed by the city - the review procedure depends on whether the business is located within or outside of the central business district zone.
For the purposes of this chapter, the following definitions shall apply:
"On-sale liquor establishments" means an on-sale liquor establishment shall mean any establishment wherein alcoholic beverages are sold, served or given away for consumption on the premises including but not limited to any facility which has obtained a California Department of Alcoholic Beverage Control License. Typical on-sale uses include but are not limited to the following establishments: ballrooms, dance bars, piano bars, billiard and/or game parlors, night clubs, or other private clubs. This definition shall not include bona fide restaurants as defined herein, veterans clubs, or the following fraternal organizations: Elks Club, Moose Club, or Eagle Club. Fraternal organizations not listed may be exempt upon planning commission approval.
"Bona fide restaurant" means a place which is regularly used and kept open for the serving of meals to guests for compensation and which has: (1) suitable kitchen facilities for the cooking of an assortment of foods which may be required for meals, (2) a primary use of sit down service to patrons, (3) adequate seating arrangements for sit down patrons provided on the premises, (4) take-out service that is only incidental to the primary sit down use, (5) alcoholic beverages all sold or dispensed for consideration for consumption on the premises only, and only when, served at tables or sit down counters by employees of the restaurant. A "bona fide restaurant" does not include a place where food service is incidental to the service of alcoholic beverages, constituting less than fifty-one percent of sales.
A minimum of fifty-one percent of the restaurant’s gross receipts shall be from sale of meals. The owner/operator shall submit evidence of total meal sales to the accounting department of the city of Woodland, upon request by city officials, for the purpose of verifying compliance with this section.
"Off-sale liquor establishment" means any establishment which is applying for or has obtained a liquor license from the California Department of Alcoholic Beverage Control, including Type 20 (off-sale beer and wine), Type 21 (off-sale general), for selling alcoholic beverages in an unopened container for the consumption off the premises. For purposes of this section, the definition of off sale liquor establishment shall not include food markets, supermarkets, drugstores, or any establishment in which sales of alcoholic beverages constitute less than twenty percent of total sales. The owner/operator shall submit evidence of total sales to the accounting department of the city of Woodland, upon request by city officials, for the purpose of verifying compliance with this section.
(b) Establishments Within the Central Business District Zone.
(1) A conditional use permit must be obtained for all establishments which sell alcohol within the central business district zone with the following exceptions:
(A) Veterans clubs and listed fraternal organizations are excluded from this requirement.
(B) Bona fide restaurants are excluded from this requirement if they do not sell alcohol past 10:30 P.M. If they sell alcohol past 10:30 P.M., they must obtain a zoning administrator permit.
(2) Requirements for On-Sale Liquor Establishments Within the Central Business District Zone.
(A) All establishments shall have a public telephone listing.
(B) Special security measures such as security guards, robbery and burglar alarms systems may be required.
(C) The noise levels generated by the operation of such establishment shall not exceed sixty dba on adjoining properties zones for residential purposes.
(D) It shall be the responsibility of the applicant licensee to provide all staff with the knowledge and skills that will enable them to comply with their responsibilities under law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development:
(i) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation, and penalties for violations of these laws.
(ii) The effects of alcohol on the body, and behavior, including how the effects of alcohol relate to the ability to operate a motor vehicle.
(iii) Methods for dealing with intoxicated customers and recognizing under aged customers. Methods for preventing customers from becoming intoxicated.
(3) Requirements for Off-Sale Liquor Establishments Within the Central Business District.
(A) No beer or wine shall be displayed within five feet of the front door unless it is in a permanently affixed cooler.
(B) If an on-site parking lot is provided, exterior lighting of the parking lot shall be kept at an intensity of at least one foot candle.
(C) Signs shall be posted both inside and outside the premises in conspicuous places, which state "It is unlawful for any person to drink any beer, wine, or other alcoholic beverage as defined in Business and Professions Code Section 23004 on any public parking lot, any private parking lot, held open to the public, on any public street, sidewalk, alley, or walk-way, or in any place held open to the public within two hundred fifty feet of any establishment selling alcoholic beverages." WCO 1118-15.39.
(D) No sale of alcoholic beverages shall be made from a drive-through window.
(E) No display or sale of alcoholic beverages shall be made from an ice tub.
(F) Exterior public telephones that permit incoming calls may not be located on the premises.
(G) Adult magazines and all printed matter coming within the definition of Section 313 of the California Penal Code shall be located for sale only behind the counter and shall be stored in racks covered by modest panels.
(H) Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such establishments shall remove trash and debris on a daily basis.
(I) Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.
(J) All establishments shall be required to have a public telephone listing.
(K) The noise level generated by the operation of such establishments shall not exceed sixty dba on adjoining property zoned for residential purposes, and seventy dba for commercially zoned property.
(L) Hours of operation of off-sale establishments may be restricted upon showing of good cause.
(M) It shall be the responsibility of the applicant licensee to provide all staff with the knowledge and skills that will enable them to comply with their responsibilities under law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development:
(i) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation, and penalties for violations of these laws.
(ii) The effects of alcohol on the body, and behavior, including how the effects of alcohol affect the ability to operate a motor vehicle.
(iii) Methods for dealing with intoxicated customers and recognizing underage customers.
(N) Sales of fortified wines and/or quantities of sales (i.e., single cans of beers) may be prohibited upon a showing of cause.
(c) Establishments Not Within the Central Business District Zone.
(1) A conditional use permit must be obtained for all establishments located outside of the central business district zone which sell alcohol with the following exceptions:
(A) Veterans clubs and listed fraternal organizations;
(B) Bona fide restaurants.
(2) Requirements for On-Sale Liquor Establishments Not Within the Central Business District Zone.
(A) No on-sale liquor establishments shall be maintained within five hundred feet of any other establishment wherein alcoholic beverages are sold, for on-site and/or off-site consumption, or from such consideration points as schools (public and private); established churches or other place of worship; hospitals, clinics, or other health care facilities; public parks and playgrounds and other similar uses, except that veterans clubs, fraternal organizations and bona fide restaurants may be closer than five hundred feet from one another or any of the referenced consideration points. The distance of five hundred feet shall be measured between the nearest entrances used by patrons of such establishments along the shortest route intended and available for public passage to other such establishments, or to the nearest property line of any of the above referenced consideration points.
(B) Exterior lighting of the parking areas shall be kept at an intensity of at least one foot candle of light on the parking surface during the hours of darkness.
(C) All establishments shall be required to have a public telephone listing.
(D) Special security measures such as security guards, robbery and burglar alarms systems may be required.
(E) The noise levels generated by the operation of such establishment shall not exceed sixty dba on adjoining properties zones for residential purposes.
(F) It shall be the responsibility of the applicant licensee to provide all staff with the knowledge and skills that will enable them to comply with their responsibilities under law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development:
(i) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation, and penalties for violations of these laws.
(ii) The effects of alcohol on the body, and behavior, including how the effects of alcohol relate to the ability to operate a motor vehicle.
(iii) Methods for dealing with intoxicated customers and recognizing under aged customers. Methods for preventing customers from becoming intoxicated.
(3) Requirements for Off-Sale Liquor Establishments Not Within the Central Business District Zone.
(A) Off-sale liquor establishments shall not sell or store motor fuels on the same premises as alcoholic beverages, except upon the condition of the following:
(B) No beer or wine shall be displayed within five feet of the front door unless it is in a permanently affixed cooler.
(C) Exterior lighting of the parking lot shall be kept at an intensity of at least one foot candle, on parking lot surface, so as to provide adequate lighting for patrons while not disturbing surrounding residential or commercial areas.
(D) Signs shall be posted both inside and outside the premises in conspicuous places, which state "It is unlawful for any person to drink any beer, wine, or other alcoholic beverage as defined in Business and Professions Code Section 23004 on any public parking lot, any private parking lot, held open to the public, on any public street, sidewalk, alley, or walk-way, or in any place held open to the public within two hundred fifty feet of any establishment selling alcoholic beverages." WCO 1118-15.39.
(E) No sale of alcoholic beverages shall be made from a drive-through window.
(F) No display or sale of alcoholic beverages shall be made from an ice tub.
(G) Exterior public telephones that permit incoming calls may not be located on the premises.
(H) Adult magazines and all printed matter coming within the definition of Section 313 of the California Penal Code shall be located for sale only behind the counter and shall be stored in racks covered by modest panels.
(I) Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such establishments shall remove trash and debris on a daily basis.
(J) Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.
(K) All establishments shall be required to have a public telephone listing.
(L) No off-sale liquor establishment shall be maintained within five hundred feet of any other establishment wherein alcoholic beverages are sold for both off-site and on-site consumption or such consideration points as schools (public and private), established churches or other place of worship, hospitals, convalescent homes, public parks, and playgrounds and/or other similar uses. The distance of five hundred feet shall be measured between the nearest entrances used by patrons of such establishments along the shortest route to other establishments, or to the nearest property line of any of the above referenced consideration points.
(M) The noise level generated by the operation of such establishments shall not exceed sixty dba on adjoining property zoned for residential purposes, and seventy dba for commercially zoned property.
(N) Hours of operation of off-sale establishments may be restricted upon showing of good cause.
(O) It shall be the responsibility of the applicant licensee to provide all staff with the knowledge and skills that will enable them to comply with their responsibilities under law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development:
(i) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operation, and penalties for violations of these laws.
(ii) The effects of alcohol on the body, and behavior, including how the effects of alcohol affect the ability to operate a motor vehicle.
(iii) Methods for dealing with intoxicated customers and recognizing underage customers.
(P) Sales of fortified wines and/or quantities of sales (i.e., single cans of beers) may be prohibited upon a showing of cause.
(4) Nonconforming Establishments/Improvements.
(A) Except as provided herein, establishments not conforming to the spatial requirements between establishment and referenced consideration points shall not be permitted to expand a structure or portion of structure as determined by the city’s building and/or fire inspector. Ordinary repair and maintenance shall not be affected. Spatial requirements may be waived for establishments who wish to expand. Individual plans to expand a structure will be reviewed on a case-by-case basis by the planning commission. The planning commission, or city council on appeal, will decide if the remodel or upgrade is in the best interest of the city.
(d) Existing Establishments Selling Alcoholic Beverages (on-sale and/or off-sale).
(1) Any establishment lawful existing prior to the effective date of this section and licensed by the state of California for the retail sale of alcoholic beverages for on-site consumption shall comply with this chapter when: (A) the establishment changes its type of liquor license within a license classification and/or (B) there is a substantial change in the mode or character of operation. For purposes of this ordinance "substantial change of mode or character of operation" shall include, but not be limited to, expansion, a pattern of conduct in violation of other laws or regulations, a period of closure, greater than one year, or increased inventory.
(2) Any establishment which becomes lawfully established on or after the effective date of this section and license by the state of California for the retail sale of alcoholic beverages of on-site and/or off-site consumption, shall obtain a modification of its conditional use permit or zoning administrator permit when: (A) the establishment changes its type of liquor license within a license classification, and/or (B) there is a substantial change in the mode or character of operations.
(e) Revocation of Permit. Conditional use permits and zoning administrator permits issued under this chapter shall be revocable pursuant to Article 27, Section 25-27-80 of the Zoning Ordinance.
(f) One-Day On-Sale Licenses. This section shall not apply to applications for one day on-sale licenses pursuant to Business and Professions Code Section 24045.1. (Amended during the March 2009 supplement.)