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{This section for City Clerk Use Only}
11/22/11 City Council Agenda
ITEM NO. 10
ORDINANCE NO 841
(Introduction)
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
Meeting Date: November 22, 2011
Department: Public Safety
Submitted By: Brian Masterson, Director
Submittal Date: November 16, 2011
Agenda Title: USE PERMITS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS
REQUESTED COUNCIL ACTION:
1. Introduce Ordinance No. 841 which amends sections 8.34.040 and 8.34.060 of Rohnert Park
Municipal Code Chapter 8.34.
2. Repeal Rohnert Park Municipal Code Section 17.07.020(R) as it conflicts with Chapter 8.34.
SUMMARY:
In 2007, the City Council adopted Ordinance 780 adding Chapter 8.3 :, Use Permits for Alcoholic
Beverage Establishments, to the Rohnert Park Municipal Code. The ordinance required each owner or
licensee of an alcohol establishment to secure a use permit to lawfully engage in the sale of alcoholic
beverages in the City. The permit, obtained for a fee based on hours of operation, volume of sales, and
calls for service, required establishments to comply with operational standards and training requirements
set forth in the ordinance. The annual fee provides the revenue necessary to fund the costs incurred by the
Department of Public Safety to monitor compliance, enforce the conditions of the permit, and implement
a training program to promote responsible policies and practices.
A recent review of Rohnert Park Municipal Code (RPMC) Chapter 8.34 (specifically sections 8.34.040
and 8.34.060), RPMC section 17.07.020(R), and the relationship of commercial property in the City to
certain sensitive uses and other alcoholic beverage establishments brought forth a potential conflict.
Presently, sections 8.34.040 and 8.34.060 forbid off -sale establishments (mini marts, Iiquor and grocery
stores, etc.) from conducting business within 1,000 feet of any existing schools, places of worship,
hospitals, parks, playgrounds or other alcoholic beverage establishments of eleven thousand square feet or
less in size. The same restrictions apply to specific on -sale establishments (ABC license types 40, 42, and
48 (21 and over, bars and nightclubs)). All other on -sale establishments (restaurants) have no distance
restrictions.
The department presented the following for council consideration on November 86, 2011:
The department's recommendation is to change the "1,000 feet" restriction in Chapter 8.34 to "500 feet"
for off -sale businesses only. The department is not considering changing the current 1000 ft. restriction
for specific on -sale establishments (bars and nightclubs (ABC license types 40, 42, and 48)). This
distancing requirement is more appropriate given the distribution of sensitive uses and alcohol
establishments in the City. The department is also recommending that "places of worship" be removed
from the list of sensitive uses since they may be located in commercial spaces in light of the City's Zone
Code and federal laws such as the Religious Land Use and Institutionalized Persons Act (RLUIPA).
To further delineate between types of off -sale establishments, the department is recommending language
be added to Section D of 8.34.040 and Section C of 8.34.060 pertaining only to off sale establishments
eleven thousand feet or less in size. For example, this change would permit a grocery store, greater than
eleven thousand square feet in size, to occupy property within 500 feet of another off sale or an on -sale
establishment.
Additionally, section 8.34.060 (Action on Application) has been amended to allow the Director of Public
Safety and/or his designee to use discretion in granting alcohol use permits based on particular
consideration of the peace, order and moral welfare of the public. Specifically, rather than requiring that
all five findings be made prior to permit issuance as required by section 8.34.060, under the amended
code the Director must consider those factors but will have the discretion to issue a permit even where not
all five findings can be made if the factual circumstances warrant it. For example, this flexibility would
allow the Director to take into account that two establishments are technically within 500 feet of one
another but are physically separated (such as by the highway), in deciding whether to issue a permit. The
designee is a ranking officer (sergeant or lieutenant) who oversees alcoholic beverage establishment
compliance, The designee will forward his/her recommendations to the director who will make a decision
on issuance of the alcohol use permit.
In order to eliminate the potential conflict with the remainder of the RPMC, the department recommends
that Section 17.07.020(R) be deleted in its entirety. As a result, the distancing requirements for these
establishments will be contained in a single location in the code at Chapter 8.34.
The department is asking Council to: grant the Director the discretion to consider alcohol permit issuance
based on conditions outlined above; amend Chapter 8.34 of RPMC (Sections 8.34.040 and 8.34.060)
to reflect the off -sale change in distance from "1,000 feet" to "500 feet," as well as the addition of
language referencing specifically off -sale establishments "eleven thousand square feet or less in size," and
the removal of places of worship from the list of sensitive uses; and repeal RPMC Section 17.07.020(R)
to avoid conflicting conditions.
Attachments:
Ordinance No. 841
Chapter 8.34 with recommended changes and additions in legislative notation.
CITY ATTOR] E Y'S REVIEW:
Relevant documents for this agenda item have been reviewed and approved as to form by the City Attorney
CITY MANAGER'S RECOMMENDATION: ( ) Consent item (X) Reguiar hem
(X) Approval ( ) Public Hearing Required
( ) Not Recommended ( ) Submitted with Continent
( ) Policy Determination by Council
( ) City Comments:
Per City Manager's review and direction for distribution of this agenda item.
(Revised 031309) JH:TG-S:05-b
ORDINANCE NO.841
AN ORDINANCE OF THE CITY OF ROHNERT PARK AWN7DING SECTIONS
8.34.040 ("APPLICATION FOR USE PERMIT --FORM AND CONTENT") AND 8.34.060
("ACTION ON APPLICATION FOR A USE FER1 T") OF CHAPTER 8:34 ("USE
PERMITS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS") AND
REPEALING SECTION 17.07.020(R) OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 780, adding
Chapter 8.34, Use Permits for Alcoholic Beverage Establishments, to the Rohnert Park
Municipal Code (RPMC);
WHEREAS, RPMC Chapter 8.34 requires each owner or licensee of an alcohol
establishment to secure a use permit to lawfully engage in the sale of alcoholic beverages in the
C ity;
WHEREAS, RPMC Sections 8.34.040 and 8.34.060 prohibit off -sale alcohol
establishments from conducting business within 1,000 feet of any existing schools, places of
worship, hospitals, parks, playgrounds or other alcoholic beverage establishments of 11,000
square feet or less in size;
WHEREAS, the 1,000-foot restriction set forth in Chapter 8.34 conflicts with RPMC
Section 17.07.020, which prohibits alcohol licensed establishments from operating within 500
feet of the above -mentioned locations;
WHEREAS, the current 1,000-foot restriction may also restrict off -sale alcohol
establishments from occupying vacant commercial property, which could have an effect on
economic growth; and
WHEREAS, granting the Director of Public Safety and/or his designee the latitude to
approve or deny permits based on particular consideration of the peace, order and moral welfare
of the public will be beneficial during the permit application review process.
NOW, THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Subsection D of Section 8.24.040 of the Rohnert Park Municipal Code is
amended to read as follows:
"For off -sale establishments eleven thousand square feet or less in size, a verificationthat
the establishment is not located within five hundred feet of any existing schools, places of
worship, hospitals, parks, playgrounds or other off -sale alcoholic beverage establishments of
eleven thousand square feet or less in size; and"
SECTION 2. 8.24,060 of the Rohnert Park Municipal Code is amended in its entirety to read as
follows:
"8.34.060 - Action on application for a use permit.
The director of public safety will consider each complete application for a use permit
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required by this chapter within thirty business days of submittal, and may consider the following
prior to making a decision whether to issue the permit.
A. The proposed alcoholic beverage establishment is located in a zoning district in
which the establishment is a permitted use;
B. The proposed establishment will not contribute to an undue concentration of
alcohol establishments in the area as defined by Business and Professions Code
Section 23958.4(a) or is an establishment for whom the city has made a finding of
public convenience or necessity;
C. The proposed off -sale establishment is eleven thousand square feet or less in size
and is not located within five hundred feet of any existing schools, hospitals,
parks, playgrounds or other off -sale alcoholic beverage establishments of eleven
thousand square feet or less in size;
D. The proposed on -sale establishment with either ABC license type 40, 42 or 48
(bars, nightclubs), a verification that the establishment is not located within one
thousand feet of any existing schools, places of worship, hospitals, parks,
playgrounds or other alcoholic beverage establishment with ABC license type 40,
42 or 48;
E. The proposed establishment is not located in a high -crime area as defined in
Business and Professions Code Section 23958.5(a), or where a disproportionate
number of police service calls occur."
SECTION 3: Subsection R of section 17.07.020 of the Rohnert Park Municipal Code is hereby
repealed. All other subsections of section 17.07.020 shall retain their existing Lettering.
SECTION 4: Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that any one or more of the sections subsections, sentences, clauses or
phrases may be declared unconstitutional.
SECTION 5: Effective Date. This ordinance shall be in full force and effective thirty (30) days
from and after its adoption and shall be published and posted as required by law.
This ordinance was introduced on the 22nd day of November, 2011, and was DULY AND
REGULARLY ADOPTED this day of _ 2011, by the following roll call vote:
AYES:
NOES:
ABSENT:
AB STAIN:
2
CITY OF ROHNERT PARK
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Chapter 8.34
USE PERMITS FOR ALCOHOLIC BEVERAGE ESTABLISHMENTS
Sections:
8.34.010 Definitions.
8.34.020 Administration.
8.34.030 Use permit required for new or modified alcoholic beverage establishments.
8.34.040 Application for use permit --Form and content.
8.34.050 Application for use permit —Application fees.
8.34.060 Action on application for a use permit.
8.34.070 Conditions of approval.
8.34.080 Appeals from a determination on an application for use permit.
8.34.090 Posting of conditions of approval.
8.34.100 Existing uses deemed approved.
8.34.110 Notification to owners.
8.34.120 Posting of operational standards by deemed approved establishments,
8.34.130 Operational standards for an alcoholic beverage establishments.
8.34.140 Training requirements for all alcoholic beverage establishments.
8.34.150 Annual permit fees.
8.34.160 Billing and payment.
8.34.170 Administrative review of fee.
8.34.180 Establishment of alcohol permit fee account.
8.34.190 Report of expenditure of fees to be collected.
8.34.200 Violations.
8.34.210 Penalties.
8.34.220 Inspections.
8.34.230 Preliminary notice of violation and hearing.
8.34.010 Definitions.
As used in this chapter:
"Alcoholic beverage" means any beverage tit for consumption which contains one-half of one
percent or more of alcohol by volume.
"Alcoholic Beverage Control (ABC)" means the California Department of Alcoholic Beverage
�:out:ol.
"Alcoholic beverage establishment" means any off -sale or on -sale alcoholic beverage
establishment.
"Alcoholic beverage establishment, off -sale" means any business where alcoholic beverages are
sold for consumption off of the establishment's premises including, but not limited to, any business that
has obtained or intends to obtain an ABC license type 20 or 21.
"Alcoholic beverage establishment, on -sale" means any business where alcoholic beverages are
sold or served for consumption on the premises and which is applying for or has obtained an ABC
license type 40, 41, 42, 47, 48, 51, 52, 61, 63 and/or 75.
"City manager" means the city manager or his or her designee,
"Deemed approved establishment" means any licensed, legal nonconforming alcoholic beverage
establishment in existence and lawfully operating in the city immediately prior to the effective date of
the ordinance codified in this chapter.
"Director of administrative services" means the director of administrative services or his or her
designee.
"Director of public safety" means the director of public safety or his or her designee.
"Enforcement officer" means the city of Rohnert Park director of public safety or his or her
designee.
"Licensee" means any person or business licensed by the State of California Department of
Alcoholic Beverage Control actively conducting retail alcohol sales. In any case where a person or
business maintains duplicate licenses or catering licenses at a location, such person or business shall be
deemed a single "Licensee."
8.34.020 Administration.
The director of public safety is responsible for issuing the use permits required by this chapter,
and for carrying out such other responsibilities contained in this chapter.
The director of public safety is also responsible for monitoring compliance by the owners,
operators and employees of an alcoholic beverage establishment with conditions imposed on any use
permit issued pursuant to the provisions of this chapter, including deemed approved uses, and for
initiating appropriate enforcement action in the event of noncompliance.
The director of administrative services is responsible for collecting all annual permit fees
imposed pursuant to the provisions of this chapter.
8.34.030 Use permit required for new or modified alcoholic beverage establishments.
Except as otherwise provided in t is chapter, no person shall establish a new on -sale or off -sale
licensed alcoholic beverage establishment or substantially modify an existing alcoholic beverage
establishment without first obtaining a use permit in the manner provided by this chapter.
8.34.040 Application for use permit --Form and content.
An application for a use permit required by this chapter must be in the form prescribed by the
director of public safety and shall contain all of the following information:
A. The address of the establishment selling alcoholic beverages;
2
B. The type of ABC license the applicant is seeking for the alcoholic beverage
establishment;
C. The true and complete name and address of each lender or share holder with, a uve
percent or more financial interest in the proposed business or any other person to whom a
share or percentage of the income of the establishment is to be paid;
D. For off -sale establishments eleven thousand square feet or less in size, a verification that
the establishment is not located within one-thensaffElfive hundred feet of any existing
schools, places- e€wer-snip, hospitals, parks, playgrounds or other off -sale alcoholic
beverage establishments of eleven thousand square feet or less in size; and
E, For on -sale establishments with ABC license types 40, 42 and 48 (bars, nightclubs), a
verification that the establishment is not located within one thousand feet of any existing
schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage
establishments with ABC license type 40, 42 or 48.
8.34.050 Application for use permit --Application fees.
An application for a use permit required by this chapter shall be accompanied by an application
fee in an amount established by resolution of the city council, based on the estimated costs of reviewing
and acting on such applications and compliance monitoring and public education.
8.34.060 Action on application for a use permit.
The director of public safety will consider each complete application for a use permit required by
this chapter within thirty business days of submittal, and Lay consider the following prior to making a
decision whether issue the perrm
A. The proposed alcoholic beverage establishm.ent is located in a zoning district in which the
establishment is a permitted use;
B. The proposed establishment will not contribute to an undue concentration of alcohol
establishments in the area as defined by Business and Professions Code Section
23958.4(a) or is an establishment for whom the city has made a finding of public
convenience or necessity;
C. The proposed off -sale establishment is eleven thousand square feet or less in size an is
not located within ene-thousandfive hundred feet of any existing schools, places of
hospitals, parks, playgrounds or other alcoholic beverage establishments
of eleven thousand square feet or less in size;
D. The proposed on -sale establishment with either ABC license type 40, 42 or 48 (bars,
nightclubs), a verification that the establishment is not located within one thousand feet
of any existing schools, places of worship, hospitals, parks, playgrounds or other
3
alcoholic beverage establishment with ABC license type 40, 42 or 48;
E. The proposed establishment is not located in a high -crime area as defined in Business and
Professions Code Section 23958.5(a), or where a disproportionate number of police
service calls occur.
8.34.070 Conditions of approval.
When approving ari application for a use permit for an alcoholic beverage establishment, the
director of public safety shall issue the permit subject to the operational standards and training
requirements set forth in Sections 8.34.130 and 8.34.140 of this chapter.
When approving an application for a use permit for an alcoholic beverage establishment, the
planning commission may also impose additional conditions that it determines to be necessary or
desirable to insure that the particular use authorized by the permit will be established, operated, and
maintained in a way that will prevent nuisances, including but not limited to, premises design conditions
that:
A. Require the exterior areas of the premises and adjoining parking lots to be illuminated in
a manner that provides lighting sufficient to illuminate and make easily discernable the
appearance of all persons on or about the premises while not disturbing surrounding
residential and commercial areas;
B. Require litter and trash receptacles that are placed at accessible locations both within and
outside the establishment and that are emptied on a daily basis;
C. Prohibit fixtures or furnishings that encourage loitering and nuisance behavior;
D. Reduce opportunities for patrons to congregate and obstruct neighboring properties and
public rights -of -way;
E. Otherwise maximize opportunities for surveillance and control of the premises and areas
around the perimeter of the premises, including but not limited to cameras or security
guards; and
F. Any other conditions deemed appropriate by the planning commission.
8.34.080 Appeals from a deterrmnation on an app; caticrs for use permit.
Any applicant or other person aggrieved by a decision of the director of public safety on an
application for a use permit required by this chapter, may appeal the decision of the director of public
safety to the city manager within the time and in the manner required by Section 8.34.230 of this
chapter. The decision of the city manager shall be final.
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8.34.090 Posting of conditions of approval.
Every owner of an alcoholic beverage establishment issued a use permit pursuant to the
provisions of this chapter shall post a copy of all operational standards, training requirements and any
special conditions of the permit in at least one prominent place within the interior of the establishment
where it will be readily visible and legible to the employees and patrons of the establishment.
8.34.100 Existing uses deeaned approved.
Except as otherwise provided in this chapter, any alcoholic beverage establishment lawfully
operating prior to the effective date of the ordinance codified in this chapter pursuant to an ABC license
that authorizes the retail sale of alcoholic beverages for on -site or off -site consumption shall be deemed
approved and may continue to lawfully operate without a use permit provided the operation is conducted
in compliance with the standards and training requirements set forth in this chapter and has paid the
annual permit fee required by Section 8.34.150.
The continued operation of a deemed approved alcoholic beverage establishment shall require
approval of a new use permit in the manner provided by this chapter upon the occurrence of any of the
following:
A. The establishment changes its type of retail liquor license with the Department of
Alcoholic Beverage Control;
B. There is a substantial modification to the mode or character of operation. As used herein,
the phrase "substantial change of mode or character of operation" shall include, but not be
limited to the following:
1. The off -sale alcoholic beverage establishment increases the floor area or shelf
space principally devoted to alcohol sales by twenty-five percent or more; or
2. The on -sale alcoholic beverage establishment increases the floor area principally
devoted to the alcohol sales by more than two hundred fifty square feet; or
3. The alcoholic beverage establishment proposes to reinstate alcohol sales after the
ABC license has been either revoked or suspended for a period greater than thirty
days by the ABC; or
4. The alcoholic beverage establishment proposes to reinstate alcohol sales after a
cessation of use for a period of six months or more.
8.34..10 Notification to owners.
Within sixty days following the effective date of the ordinance codified in this chapter, the
director of public safety shall:
A. Notify the owner of each deemed approved alcoholic beverage establishment within the
city of the establishment's deemed approved status, authorizing the establishment to
5
lawfully continue its operation in the manner required by this chapter;
B. Provide the owner of the establishment with a copy of the provisions of this chapter and
call the owner's attention to the requirement that the establishment be operated in
accordance with the operational standards set forth in Section 8.34.130; and
C. Provide the owner of the establishment with a copy of the permit fees adopted by the city
council in accordance with Section 8.34.150 and advise the owner ofthe arr�ount and due
date of the establishment's annual permit fee.
8.34.120 Posting of operational standards by deemed approved establishments.
Every owner of a deemed approved alcoholic beverage establishment shall post a copy of all of
the operational standards set forth in this chapter in at least one prominent place within the interior of the
establishment where it will be readily visible and legible to the employees and patrons of the
establishment.
8.34.130 Operational standards for all, alcoholic beverage establishments.
All new and existing alcoholic beverage establishments shall be operated in conformance with
the following operational standards:
A. Compliance with the state's Alcohol Beverage Control Act. All alcoholic beverage
establishments shall be operated in strict compliance with the state's Alcohol Beverage
Control Act, together with the conditions of any license issued by ABC to the
establishment pursuant to that Act.
B. Performance Standards for Outlets. All alcoholic beverage establishments shall take
reasonable steps to discourage and correct objectionable conditions that constitute a
nuisance, as defined in Chapter 1.24 of this Code, and adhere to the following
performance standards in parking areas, sidewalks, alleys and areas surrounding the
alcoholic beverage establishments and adjacent properties under the control ofthe subject
alcoholic beverage establishment. "Reasonable steps" shall include calling the police in a
timely manner, preventive design features, and requesting those engaging in such
activities to cease those activities, unless personal safety would be threatened in making
that request. Failure to correct these conditions may result in revocation of the "deemed
approved" status, thereby requiring approval of a new use permit in the manner provided
by this chapter.
1. It does not result in adverse effects to the health, peace or safety of persons
residing or working in the surrounding area.
2. It does not result in jeopardizing or endangering the public health or safety of
persons residing or working in the surrounding area.
3. It does not result in repeated nuisance activities within the premises or in close
proximity to the premises, including but not limited to disturbance of the peace,
6
illegal drug activity, public drunkenness, drinking in public, harassment of
passersby, gambling, prostitution, sexual harassment or sexual battery, sale of
stolen goods, public urination, theft, assaults, batteries, acts of vandalism,
excessive littering, loitering, graffiti, illegal parking, excessive loud noises,
especially in the late night or early morning hours, traffic violations, curfew
violations, lewd sexual conduct in public, or police detentions and arrests.
4. It does not result in violations to any applicable provision of any other city,
county, state, or federal regulation, ordinance, or statute including but not limited
to sale or service of alcohol to minors, service of intoxicated patrons, failure to
adhere to state ABC license conditions or local conditional use permit restrictions.
5. Its upkeep and operating characteristics are compatible with and will not
adversely affect the livability or appropriate development of abutting properties
and the surrounding area.
6. A copy of the performance standards shall be posted in a conspicuous and
unobstructed place visible from the entrance of the establishment for public
review.
8.34.140 Training requirements for all alcoholic beverage establishments.
A. Training. A11 sellers/servers of alcoholic beverages shall complete an approved course in
"Responsible Beverage Sales" (RBS) within sixty days of hire for employees hired after the passage of
the ordinance codified in this chapter or within six months of the passage of the ordinance codified in
this chapter for existing employees.
B. Certified Programs. To satisfy the requirements of this section, a certified program must
meet the standards of the California Coordinating Council on Responsible Beverage Service (CCCIRBS)
or other certifying/licensing body designated by the state of California.
8.34.150 Annual permit fees.
The city council shall establish by resolution an annual use permit fee that shall be imposed on
each alcoholic beverage establishment issued a use permit pursuant to the provisions of this chapter,
including any new or modified establishment or deemed approved establishment issued a permit
pursuant to this chapter. The annual use permit fee shall be assessed for each alcoholic beverage
establishment on a sliding scale based on:
A. The hours of operation that alcohol is sold at the establishment;
B. The volume of alcohol sales at the establishment;
C. The number of police calls for service at the establishment;
D. The estimated annual costs of the police services necessary to monitor and enforce the
operational standards and other use permit conditions and requirements for all
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establishments within that license category; and
E. The estimated staff costs to bill and collect th.e annual permit fee.
8.34.160 Billing and payment.
All annual permit fees imposed on an alcoholic beverage establishment operating under a use
permit issued in the manner provided for by this chapter including "deemed approved" establishments
shall be billed by the administrative services department on or before the first day of January of each
year. The fee is due and payable immediately upon receipt, and will be delinquent if not paid within
thirty days of the bill's mailing.
8.34.170 Administrative review of fee.
Licensee may to challenge the amount of the annual use permit fee in accordance with Section
3.32.060 of this Code.
8.34.180 Establishment of alcohol permit fee account.
A. The city shall establish an "Alcohol Permit Fee Account" for the collection of the fees
described in this chapter.
B. Funds from the "Alcohol Permit Fee Account" shall be used only to recover the cost of
the services including education, inspections, enforcement operations and administrative hearings,
related to the monitoring and enforcement of the performance standards, conditions of operation and
regulations established for licensed alcohol establishments in this chapter.
8.34.190 Report of expenditure of fees to be collected.
A. Not later than the last meeting of October in each calendar year, the enforcement officer
shall submit to the city council a report on the expenditures of the total of annual alcohol permit fees
collected.
B.
The report shall set forth such matters as:
1. The prioritization of problems regarding enforcement of the performance standards,
conditions and regulations as set forth in this chapter related to the operation of licensed
alcohol establishments in the city of konnert Park.
2. Methods of mitigating such problems, through prevention, education and enforcement of
the performance standards, conditions and regulations.
3. The specific allocation of the fees to be collected to activities described in the report.
8.34.200 Violations.
A. It is unlawful for any person to operate a new or modified alcoholic beverage
8
establishment:
1. Without a valid use permit issued in the manner provided by this chapter; or
2. In violation of any requirements and conditions of any applicable use permit issued
pursuant to this chapter, including, but not limited to, any operational standards and
training requirements.
B. It is unlawful for any person to operate a deemed approved alcoholic establishment in
violation of the operational standards set forth in this chapter and incorporated into a permit issued to the
establishment pursuant to this chapter.
834.210 Penalties.
A person shall be subject to the penalties set forth in Chapter 1.16 of this Code if:
A. The person operates a new or modified alcoholic beverage establishment without a use
permit required by this chapter.
B. The person has been issued a use permit for an alcoholic beverage establishment in the
manner provided by this chapter, and causes or permits the establishment to be operated
in violation of the requirements or conditions of the use permit.
8.34.220 Inspections.
All alcoholic beverage establishments within the city shall be regularly inspected by the public
safety department to determine whether the establishments are being operated in compliance with the
provisions of this chapter.
8.34.230 Preliminary notice of violation and hearing.
A. Preliminary Notice. Where the public safety department determines that an alcoholic
beverage establishment is operating in violation of the provisions of this chapter, including, but not
limited to, any of the requirements and conditions of the use permit issued to such establishment in the
manner provided by this chapter, the department will issue a notice to the permittee that describes the
nature of the violation, the corrective action to be taken, and the time within the corrective action must
be completed.
B. Notice of Hearing. If the licensee has not taken corrective action with the time specified,
the public safety director shall provide the licensee with notice of a hearing. The notice shall specify the
facts which constitute the violation, specify the time, date, and place of the hearing, and state that the
licensee may be represented by counsel or other interested persons. Said notice shall be served at least
fifteen days prior to the hearing by mailing by certified mail, postage prepaid, addressed to the licensee's
residence as indicated in the most recent use permit application on file.
C. Hearing. At the hearing, the licensee, his or her counsel, and any other interested
person(s) shall have the right to present evidence as to the facts upon which the public safety director
9
proposes to revoke the use permit.
D. Notice of Decision. 'Wafter said hearing, the public safety director fads that any of the
grounds for revocation exist, he or .she shall within ten days after the hearing serve by certified mail,
postage prepaid, a notice of decision upon the licensee and all interested persons participating in the
hearing. Said notice shall specify the findings of the public safety director, the ground or grounds for his
decision, and shall indicate the appeal procedure.
E. Effective Date of Decision. The decision of the public safety director shall be final and
binding on all interested parties ten days after the notice of decision is mailed, unless an appeal is filed.
F. Appeal. The decision of the public safety director to revoke a use permit may be appealed
in writing to the city manager within ten days of mailing of the notice of decision. The city manager
shall hear the appeal within thirty days of receipt of the written appeal. At the hearing, the appellant may
present evidence in support of the contentions stated in the notice of appeal. Any interested person(s),
including the public safety director, may be allowed to participate in the hearing and present evidence in
support of the decision of the public safety director. The city manager shall render a written decision,
including the grounds upon which the revocation is either upheld or overturned, within fifteen days of
the date of the appeal hearing. A copy of the city manager's decision shall be served by certified mail,
postage prepaid, upon the appellant and all parties to the hearing requesting same. The decision of the
city manager shall be final.
10
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Rohnert Park will be holding
a PUBLIC HEARING.
WHERE:
WHEN:
PURPOSE:
Rohnert Park City Hall — Council Chamber
130 Avrarn Avenue
Rohnert Park, California
Tuesday, November 22, 2011, at the hour of 6:00 p.m.
or as soon thereafter as the matter is reached on the agenda.
To consider amendments to Rohnert Park Municipal Code Chapter 8.34
regarding relative distance of licensed alcoholic beverage establishments
to certain sensitive uses or other alcoholic beverage establishments and
repeal of Rohnert Park Municipal Code Section 17.07.020(R)
Representatives of this proposal will be available to respond to questions.
All persons interested in this matter should appear at the November 22, 2011, City Council
meeting. Written statements may be submitted to the City Clerk in advance for presentation to
the Council as part of the public hearing.
NOTE: If you challenge this matter in court, you may be limited to raising only those issues you
or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City of Rohnert Park at, or prior to, the public hearing.
Documents related to this item are available for public review during normal business hours at
the City Clerk's Office, 130 Avram Avenue, Rohnert Park, CA, (707) 588-2225.
r
w
Questions regarding this matter should be directed to Public Safety Sergeant Mike Bates,
Department of Public Safety, (707) 584-2647.
i
Dated: November 9, 2011
N Published: November 11, 2011
Terri Griffin, City Clerk
LRLEAGUE
FORN
A
C _t
Liquor Stores, Bars and
Nightclubs: Conditional Use
Permits and Best Practices for
Regulating Alcohol Sales
Thursday, September 22, 2011 General Session; 1:00 — 2:45 p.m.
Steven T. Mattes, Meyers Nave
2011 League of California Cities Annual Conference City Attorneys' Department Track
2011 League of Caiifomia Cities Annual Conference City Attorneys' Department Track