HomeMy WebLinkAbout37-Community Development
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: M. Margo Wheeler, Director
Subject: An ordinance of the City of San
Bernardino amending San Bernardino Municipal
Code (Development Code) Section 19.06.030(2)(B)
regarding alcoholic beverage sales activities.
(DCA No. 11-06).
Dept: Community Development
Date: June 6, 2011
MCC Date: June 20, 2011
Synopsis of Previous Council Action:
9/20/2010 Mayor and Common Council adopted Ordinance No. MC-l331, the "Deemed
Approved Ordinance" as Section 19.06.030(2)(B) of the Development Code.
3/22/2011 Legislative Review Committee reviewed proposed amendments to Section
19.06.030(2)(B) to modifY performance standards and permitting requirements for
alcoholic beverage sales activities.
4/18/2011 Mayor and Common Council adopted urgency ordinance MC-l350 to modifY
performance standards and permit requirements in Section 19.06.030(2)(B) and
referred the matter to the Planning Commission as a Development Code Amendment.
Recommended Motion:
That the hearing be closed and said ordinance be laid ov~;or ;(nal;dOPtij /
/V( ,f I viA'\.
M. Margo Wheeler
Contact Person: Terri Rahhal, City Planner
Phone: 3330
Supporting data attached:
Staff Report
Ward(s): Citywide
FUNDING REQUIREMENTS:
Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No. ;3 7
CV~CM ~8dt/
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An ordinance of the City of San Bernardino amending San Bernardino Municipal Code
(Development Code) Section 19.06.030(2)(B) to modify performance standards and permitting
requirements for alcoholic beverage sales activities. (DCA No. 11-06)
Backl!round:
A major amendment of Section 19.06.030(2)(B) of the Development Code, Alcoholic Beverage
Sales, was adopted by the Mayor and Common Council as the "Deemed Approved Ordinance"
MC-1331 on September 20,2010. The Deemed Approved Ordinance set new location criteria,
Conditional Use Permit requirements (with some exceptions) and performance standards for new
alcoholic beverage sales activities. All existing alcoholic beverage sales activities were "deemed
approved" subject to compliance with performance standards in the ordinance.
MC-1331 requires all business owners and employees who sell or serve alcoholic beverages to
complete Responsible Beverage Sales (RBS) training offered by the State Department of
Alcoholic Beverage Control (ABC). This standard applies to new and deemed approved
alcoholic beverage sales activities. The RBS training is provided free of charge in City Hall.
Attendance has been very good, and the demand for additional classes has been steady, but as the
April 21, 2011 deadline for compliance with the RBS training requirement approached, an
amendment to MC-133 I was needed to extend the deadline.
On March 22, 20 II, the Legislative Review Committee, Council members Marquez, Shorett, and
McCanunack, recommended approval of proposed amendments to Section 19.06.030(2)(B) to be
considered as an urgency ordinance. Key amendments included:
· Extension of the RBS training compliance deadline to October 21, 2011.
· Exemption of sit-down restaurants from the RBS training requirements.
· Provision for large employers to send only supervisory employees to the RBS training.
On April IS, 2011 the proposed amendments to the Deemed Approved Ordinance were adopted
by urgency Ordinance 1350, and the matter was referred to the Planning Commission for review
as a Development Code amendment.
Planning Commission Recommendation:
On May 25, 2011, the Planning Commission heard the item in a noticed public hearing. The
Planning Commission Staff Report (Attachment I) contains a detailed explanation of the changes
to the Deemed Approved Ordinance in the proposed ordinance. A representative of the San
Bernardino County Department of Public Health spoke at the hearing to describe the RBS
training program and to support the proposal to extend the training compliance deadline.
2
Commissioner Coute expressed a concern about the proposed exemption from RBS training for
restaurants, noting that some restaurants continue to operate late at night as bars. The Planning
Commission modified the wording in Article II, Section IV(F) and Article III, Section IV (G) to
say "Sit down restaurants that continue to serve menu items until closing and whose predominant
function is the service of food and where the on-site sale of alcoholic beverages is incidental or
secondary are exempt from this training requirement." The Planning Commission unanimously
recommended approval of DCA No. 11-06 as amended. Commissioners Calero, Coute, Eble,
Machen, Heasley, Mulvihill and Sauerbrun voted in favor of the motion. Commissioner Durr
abstained from the vote, and Commissioner Rawls was absent.
California Environmental Quality Act (CEQA) Compliance
DCA No. 11-06 is exempt from the California Environmental Quality Act (CEQA), pursuant to
Section 15061(b)(3) of the CEQA Guidelines, the general rule that an action with no foreseeable
physical impact on the environment is exempt.
Public Hearing Notice:
Notice of the public hearing of this item was published in a 1/8 page advertisement in the San
Bernardino County Sun newspaper on June 10, 2011.
Financial Impact:
None anticipated.
Recommended Motion:
That the hearing be closed and said ordinance be laid over for fmal adoption.
Attachments:
Attachment 1: Planning Commission Statement of Action and 5/25/11 Staff Report
(with Urgency Ordinance No. MC-1350 as Attachment A)
Ordinance
3
i)
~ CITY OF SAN BERNARDINO ATTACHMENT 1
~ STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
rTh.
,Iii
PROJECT
Number:
Development Code Amendment No. 11-06
Proposed By:
City of San Bernardino
Description:
A proposal to amend Section 19.06,030(2)(B) of the Development Code to
modify performance standards and permitting requirements for alcoholic
beverage sales activities.
ACTION:
RECOMMENDED APPROVAL
Meeting Date:
May 25, 2011
The Planning Commission recommended approval of Development Code Amendment No. 11-06
to the Mayor and Common Council, based on the Findings of Fact contained in the Staff Report.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Calero, Coute, Eble, Machen, Heasley, Mulvihill and Sauerbrun
None
Durr
Rawls
I hereby certify that this Statement of Official Action accurately reflects the action of the
Planning Commission of the City of San Bernardino. The matter will be referred to the Mayor
and Common Council for final action on June 20, 201 I.
, " I'
1/: II \/-J i
it' / {/( "~./. l.~
M. Margo Wheeler, AicP
Community Development Director
! . /,/
Date
cc: Case File, Department File
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BER1'lARDINO PLANNING DIVISION
CASE:
AGE:'IDA ITEM:
HEARING DATE:
WARD:
APPLICANT:
Development Code Amendment No. 11-06
I
May 25,2011
City-wide
City-Initiated
REQUEST/LOCATION:
A proposal to amend Section 19.06.030(2)(B) of the Development Code to modify performance
standards and permitting requirements for alcoholic beverage sales activities.
CONSTRAINTS/OVERLAYS:
Not Applicable.
ENVIRONMENTAL FINDINGS:
lSJ Not Subject to CEQA per Section 15061(b)(3)
o Exempt per Section
o No Signilicant Effects
o Potential EITects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
lSJ Recommend Mayor and Council Approval.
o Approval
o Conditions
o Denial
o Continue
DCA No. ] ]-ll6
Hearing Date: OS/25/ II
Page 2
PROJECT DESCRIPTION
The proposed Development Code Amendment (DCA) would amend the provISIons of the
Development Code Chapter 19.06, Section 19.06.030(2)(B), to modify perfOlmance standards
and pelmitting requirements for alcoholic beverage sales businesses, as follows:
SECTION 19.06.030(2)(B)
I. Article II, Section II:
Notwithstanding any other provision of this Code no new on site or olT site alcoholic
beverage sales activity may be established unless a Conditional Use Pennit is first
obtained in accordance with the requirements of this Article. The following uses are
exempt ti'om this requirement to obtain a Conditional Use Penn it, and shall be subiect to
Director approval of a Development Pennit and a finding of public convenience or
necessity, if required:
2. Al1icle II, Section IV (F):
(F) That the owners and all employees of the alcoholic beverage sales establishment who
are involved in the sale of alcoholic beverages complete an approved course in Licensee
Education on Alcohol and Drugs LEAD or other '"Responsible Beverage Service" (RBS)
training by October 2 L 20 II or within sixty 60 days of hire for employees hired after that
date. To satisfy this requirement, the RBS course must be recognized by the Calilornia
Depat1ment of Alcoholic Beverage Control. The RBS course shall include at a minimum
the lollowing: a review of ABC laws and regulations; administrative, criminal and civil
liabilities; acceptable fonns of identification; and how to identify minors and persons
already intoxicated.
Sit down restaurants whose predominant function is the service of food and where the on-
site sale of alcoholic beverages is incidental or secondarv are exempt from this training
requirement. An incidental bar or lounge shall be allowed for the convenience of dining
patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area
as a principal or independent activitv are not included in this exemption.) Fraternal
organizations and veterans clubs are exemot fi'om this training requirement.
Retail outlets with 25 or more employees or containing 10,000 square feet or more, and
subiect to this trainil1!! requirement may elect to send only suoervisory employees to the
RBS trainin\!. \\/ho would then be responsible for traillin\! all emoloyees who are involved
in the sale of alcoholic beveral!es.
3. Article II. Section VI (D) & (E)
(D) The name, address, and telephone number, if available, of all existing schools, parks,
playgrounds or recreational areas, nonprolit youth facilities, places of worship, hospitals,
DCA No. 11-06
Healing Date; 05/25/1 1
Page 3
alcohol or other drug abuse recovery or treatment facilities or county social service
onices within 500 feet of the proposed alcoholic beverage sales activity establishment.
(E) The name, address, and telephone number, if available, of all alcoholic beverage sale
activities within 500 feet of the proposed alcoholic beverage sales activity establishment
and within a 1000 foot radius from the proposed alcoholic beverage sales activity
establishment.
4. Article II, Section VIII (A) (5)
(5) Containers of beer or malt liquor not in their original factory packages of six-packs or
greater, or original factOl"Y multi-container packae:es equivalent to a six-Dack quantity.
5. Article III, Section IV (G)
(G) The owners and all employees of the alcoholic beverage sales establishment involved
in the sale of alcoholic beverages shall complete an approved course in Licensee
Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service"
(RBS) training by October 21, 201 I, or within 60 days of hire for employees hired after
that date. To satisfy this requirement, the RBS course must be recognized by the
Califoll1ia Department of Alcoholic Beverage Control. The RBS course shall include at a
minimum the following: a review of ABC laws and regulations: administrative, criminal
and civil liabilities: acceptable forms of identification: and how to identify minors and
persons alreadv intoxicated.
Sit down restaurants whose predominant function is the service of food and where the on-
site sale of alcoholic beverages is incidental or secondary are exempt from this training
requirement. An incidental bar or lounge shall be allowed for the convenience of dining
patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area
as a principal or independent activity are not included in this exemption.) Fratell1al
organizations and veterans clubs are exempt trom this training requirement.
Retail outlets with 25 or more employees or containing 10,000 square feet or more, and
subiect to this training requirement may elect to send only supervisory employees to the
RES training, who would then be responsible tor training all emplovees who are involved
in the sale of alcoholic beveraues.
BACKGROU:-iD
. July 28, 2010 - The Planning Commission recommended approval of Development Code
Amendment No. 10-04 to the Mayor and Common Council, a proposal to amend Section
19.06.030(2)(B) of the Development Code to require a Conditional Use Pell11it tor new
alcoholic beverage sales activities and to establish automatic deemed approved status tor
legalllol1confomling activities
DCA No.1] -06
Hearing Date: OS/25/1 ]
Page 4
. September 20, 2010 - The Mayor and Common Council unanimously approved
Ordinance No. MC-1331. also known as the "Deemed Approved Ordinance".
. March 22, 2011 - The Legislative Review Committee reviewed proposed amendments to
Section 19.06.030(2)(B) to be considered as an urgency ordinance to modify performance
standards and permitting requirements for alcoholic beverage sales activities.
. April 18, 2011 - The Mayor and Common Council adopted an urgency ordinance
(Ordinance No. MC-13S0) and refen-ed the matter to the Planning Commission for
consideration of a Development Code Amendment to amend Section 19.06.030(2)(B) to
modify performance standards and pemlitting requirements for alcoholic beverage sales
activities.
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
The proposed Development Code Amendment exempt from CEQA pursuant to Section
IS061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a
direct or reasonably foreseeable indirect physical change in the environment.
ANALYSIS
Section 19.06.030(2)(B) of the Development Code cUlTently requires, with limited exceptions, a
Conditional Use Permit (CUP) for land uses that include alcoholic beverage sales, and grants
automatic deemed approval status to existing alcoholic beverage sales establishments. The
section provides requirements for operational and performance standards. It also contains
location criteria that restrict establishment of new alcoholic beverage sales activities in proximity
to sensitive land uses and high crime reporting districts.
Following adoption of the Deemed Approved Ordinance, local business owners and citizens
have provided feedback on the requirements, prompting the proposed amendments. The five
proposed amendments will serve to provide additional clarification of the existing provisions
under 19.06.030(2)(B) and will modify pertolmance standards and permitting requirements tor
alcoholic beverage sales activities.
Article II. Section II will provide additional c1aritication on uses that are exempt from the
Conditional Use Pemlit requirement but are still subject to the Director approval of a
Development Permit and a linding of public convenience or necessity. when applicable.
.-\11icle II. Section IV (F) will modify the operational standards for new alcoholic beverage sales
by providing clarification on training course requirements as well as extending the training
deadline date. Additionally, the section WIll exempt cel1ain on-sale businesses. such as tratemal
organizations, veterans clubs, and sit-do\vn restaurants whose predominant function 15 the
service of tood. Irom the RBS training requirements, due to the fact that these types of
businesses have not generated public nuisance problems associated with the public consumption
of alcoholic beverages. This section will also amend the training requirements for large retail
DCA No. ] 1-06
Hearing Date: OS/25/] ]
Page 5
outlets with 25 or more employees or containing over 10,000 square feet or more of noor area,
by requiring only supervisory employees to attend the training courses.
Article II. Section V] (0) & (E) will provide minor revisions to the section necessary to clarify
the intent of the requirements of the ordinance.
Article II, Section VlII (A) (5) will modify the list of conditions of approval that may be imposed
on a Conditional Use Permit by clarifying the prohibited products that may be included. This
amendment will clarify that containers of beer or malt liquor not in their original factory
packages of six-packs or greater may also include packages that are also equivalent to a six-pack
quantity.
Article Ill. Section IV (G), will modify the deemed approved perfotmance standards for existing
businesses selling alcoholic beverages, incorporating the same changes to training requirements
as those proposed for new businesses.
FINDINGS
Staff recommends approval of DCA No. ] 1-06, a proposal to amend Section ]9.06,030(2)(8) of
the Development Code to modify performance standards and permitting requirements for
alcoholic beverage sales activities based on the following lindings of fact:
1. The proposed amendment is consistent with the General Plan.
The proposed Development Code Amendment would remove constraints to certain on-sale
businesses which have not generated the public nuisance problems associated with public
consumption of alcoholic beverages. It will also modify the operational standards,
performance standards, and permitting requirements for alcoholic beverage sales activities.
The Deemed Approved Ordinance will continue to reduce nuisance activities and
potentially harmtiJl effects associated with alcoholic beverage sales activities, including
violent crime, vandalism, and general blight, consistent with the following General plan
goals and policies:
Policy 2.2.10: "The protection of the quality of life shall take precedence during the review
of new projects. Accordingly, the City shall utilize its discretion to deny or require
mitigation of projects that result in impacts that outweigh the benelits to the public."
Goal 2.8: "Protect the life and property of residents, businesses, and visitors to the City of
Sail Bernardino from crime.....'.
Policy 2.8.3: "Encourage projects to incorporate the Crime Prevention fhrough
Environmental Design (CPTED) and defensible space techniques to help improve safety.
Goal 7.1: "Protect the residents of San Bernardino from criminal activity and reduce the
illciJ~nce of crime"
DCA No. II-\)6
Hearing Dale: OS/25/ II
Page 6
J. The proposed amendment would not be detrimental to the public interest, health, salety,
conveniellce or we(f'are of/he City.
The proposed amendment would provide necessary clarification to Section
19.06.030(2)(B), while continuing to provide stringent regulations for land use activities
involving sales of alcoholic beverages, to reduce and avoid crimes and public nuisances
otten associated with alcoholic beverage sales. Therefore, the proposed amendment, DCA
No. 11-06 would not be detrimental to the public interest, health, safety, convenience or
welfare of the City.
CONCLUSION
Approval of Development Code Amendment No. 11-06 would modify perfonnance standards
and pennitting requirements for alcoholic beverage sales activities, consistent with the direction
of the Mayor and Common Council, pursuant to Ordinance No. MC-1350.
RECOMMENDATION
StafT recommends that the Planning Commission recommend approval of Development Code
Amendment No. 11-06 to the Mayor and Common Council, based on the findings of fact
contained in this staff report.
Respectti.lily Submitted,
--'1~ h:~
,/
Lon Farns
Planning Aide
Approved for Distribution:
I
(/ 1/
/
"'---.~'
.' .'
/ ~/
,,1. Margo Wheeler, AICP
Community Development Director
.\ttachments:
A: Ordinance No. MC-1350
Adopted: April 18. 2011
Effective: April 18. 2011
2
ORDINANCE NO. MC-1350
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES, DECLARING THE
URGENCY THEREOF AND TAKING EFFECT IMMEDIA TEL Y.
]
.
The Mayor and Common Council of the City of San Bernardino do ordain as follows:
6
WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the
power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the
restrictions and limitations provided in the Charter or by State law; and
7
8
9
WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption of an urgency
ordinance for the immediate preservation of the public peace, health, or safety if passed by a two-third's
(2/3) vote of the Council; and
WHEREAS, on September 20, 2010, the Mayor and Council unanimously adopted MC 1331, an
ordinance amending San Bernardino Municipal Code (Development Code) Section 19.06.030(2)(B),
requiring a conditional use permit for new alcoholic beverage sales activities and establishing automatic
deemed approved status for legal nonconforming activities and repealing Ordinance No. MC-1323; and
10
11
12
13
1.
WHEREAS, Ordinance No. MC-1331 became effective on October 21, 2010, and was adopted
by the Mayor and Council so that alcoholic beverage sales establishments do not become public
nuisances and do not generate problems associated with the public consumption of alcoholic beverages
such as littering, loitering, grat1iti, unruly behavior and escalated noise levels; and
15
16
17
WHEREAS, Ordinance No. MC-133l is commonly referred to as the "Deemed Approved
Ordinance" because all lawfully established businesses existing in the City as of October 21, 2010, and
selling alcoholic beverages, whether on-sale or off-sale businesses, are "deemed approved" to lawfully
sell alcoholic beverages and shall retain their Deemed Approved status as long as they comply with all
of the Performance Standards listed in the Ordinance and comply with all other aspects of the Deemed
Approved Ordinance; and
18
19
20
21
WHEREAS, the Deemed Approved Ordinance Performance Standards require that all owners
and employees involved in the sale of alcoholic beverages complete an approved training course in
"Rcsponsible Beverage Sales" (RBS) within 60 days of hire or within six months of the effective datc of
the Ordinance; and
~1
2J
2.1
WHEREAS, to help businesses fulfill this RBS training requirement, the San Bernardino
County Public Health Department in collaboration with the California Department of Alcoholic
Beverage Control (ABC) and the City of San Bernardino. has offered and will continue to offer tree
RBS training courses at City Hall; and
25
26
27
WHEREAS, the deadline for businesses to complete the RBS training requirement under the
current ordinance expires on April 21, 20 II; and
28
1
C:\Documcnts and Settings\hempcnoWy Documents\Dccmed Appron:d Oni Amend 4.] 8-1] Urgency. doc
MC-1350
2
WHEREAS, certain on-sale businesses, such as fraternal organizations, veterans clubs, and sit
down restaurants whose predominant function is the service of food, have not generated the
aforementioned public nuisance problems associated with the public consumption of alcoholic
beverages and should be exempt from this RES training requirement; and
3
4
WHEREAS, retail outlets with 25 or more employees or containing 10,000 square feet or more
also have not generated the aforementioned public nuisance problems associated with the public
consumption of alcoholic beverages and should be required to send only supervisory employees to
attend the RBS training courses; and
5
6
7
WHEREAS, other minor revisions to the Deemed Approved Ordinance are necessary to clarify
the requirements of the Ordinance;
8
9
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
10
II
SECTION I. The following provisions of San Bernardino Municipal Code (Development Code)
Section 19.06.030(2)(B) are amended to read as follows:
12
13
Section I9.06.030(2)(B)
I.
1. Article II, Section II:
15
Notwithstanding any other provision of this Code, nO new on-site or off-site alcoholic beverage
sales activity may be established unless a Conditional Use Permit is first obtained in accordance with the
requirements of this Article. The following uses are exempt from this requirement to obtain a
Conditional Use Permit, and shall be subject to Director approval of a Development Permit and a
finding of public convenience or necessity, if required:
16
17
IS
19
2. Article II, Section IV (F):
20
(F) That the OWners and all employees of the alcoholic beverage sales establishment who are
involved in the sale of alcoholic beverages complete an approved course in Licensee Education on
Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RES) training by October 21,
20 II, or within sixty (60) days of hire for employees hired after that date. To satisfy this requirement.
the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The
RBS course shall include at a minimum the following: a review of ABC laws and regulations;
administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify
minors and persons already intoxicated.
21
22
23
2.
25
Sit down restaurants whose predominant function IS the service of food and where the on-slle
sale of alcoholic beverages is incidental or secondary are exempt from this training requirement. An
incidental bar or lounge shall be allowed for the convenience of dining patrons. (Establishments which
are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not
included in this exemption.) Fraternal organizations and veterans clubs are exempt from this training
reg uirement.
26
27
23
2
Ie '.Documents and Scttings\hcmpeno\My Documcnt.s\Deemcu Approwd Ord Amend ..l-18.1 I Urgency. doc
I
MC-1350
2
Retail outlets with 25 or more employees or containing 10,000 square feet or more, and subject
to this training requirement may elect to send only supervisory employees to the RBS training, who
would then be responsible for training all employees who are involved in the sale of alcoholic
beverages.
)
4
3. Article II, Sections VI (D) & (E):
5
(D) The name, address, and telephone number, if available, of all existing schools, parks,
playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or
other drug abuse recovery or treatment facilities or county social service offices within 500 feet of the
proposed alcoholic beverage sales activity establishment.
(,
7
8
(E) The name, address, and telephone number, if available, of all alcoholic beverage sale
activities within 500 feet of the proposed alcoholic beverage sales activity establishment and within a
1000 foot radius from the proposed alcoholic beverage sales activity establishment.
9
10
11
4. Article II, Section VIII (A) (5):
12
(5) Containers of beer or malt liquor not in their original factory packages of six-packs or
greater, or original factory multi-container packages equivalent to a six-pack quantity.
13
14
5. Article III, Section IV (G):
15
(G) The owners and all employees of the alcoholic beverage sales establishment involved in the
sale of alcoholic beverages shall complete an approved course in Licensee Education on Alcohol and
Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training by October 21, 20 II, or within
60 days of hire for employees hired after that date. To satisfy this requirement, the RBS course must be
recognized by the California Department of Alcoholic Beverage Control. The RES course shall include
at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil
liabilities; acceptable forms of identification; and how to identifY minors and persons already
intoxicated.
16
17
18
19
20
~I
Sit down restaurants whose predominant function is the service of food and where the on-site
sale of alcoholic beverages is incidental or secondary are exempt from this training requirement. An
incidental bar or lounge shall be allowed for the convenience of dining patrons. (Establishments which
are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not
included in this exemption.) Fraternal organizations and veterans clubs arc exempt from this training
requirement.
~2
~J
2.~
~5
Retail outlets with 25 or more employees or containing 10,000 square feet or more, and subject
to this training requirement may elect to send only supervisory employees to the RBS training, who
would then be responsible tor training all employees who are involved in the sale of alcoholic
beverages.
26
"
-.
28
SECTION 2._ This Ordinance is based upon the recitals and findings set forth above, and the
accompanying Staff Report and its attachments, and is adopted pursuant to the authority granted to the
3
C:\Do\:uments and Senings\hempeno\My Documents\Deemcd Approved Ord Amend 4.18.11 Urgency.doc
MC-1350
2
City of San Bernardino in Article II, Section 7 of the California Constitution, and Sections 31, 40(z),
and 121 of the Charter of the City of San Bernardino.
]
SECTION 3. Pursuant to Section 31 and 121 of the Charter of the City of San Bernardino, this
Ordinance shall take effect immediately. The Mayor and Council tind that the adoption of this Urgency
Ordinance regulating the establishment and operation of on-site and off-site alcoholic beverage sales
activities is necessary for the immediate preservation of the public peace, health and safety in
accordance with City Charter Sections 31 and 121.
4
;
6
7
SECTION 4, Compliance with the California Environmental Quality Act. The Mayor and Common
Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
~
9
10
II
SECTION 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this
Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that anyone or more
subsections, subdivisions. sentences, clauses, or phrases be declared unconstitutional, invalid. or
ineffective.
12
13
14
I;
//1
16
17 //1
18
19
20
21
22
"
..
2-1.
15
26
27
28
4
C:\Documcnts and Settings\hcmpeno\My Documcnts\Deemcd Approved Ord Amend 4-18-11 Urgency.doc
Me-1350
2
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION I9.06.030(2}(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES, DECLARING THE
URGENCY THEREOF AND TAKING EFFECT 1M MEDIA TEL Y.
3
5
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council
of the City of San Bernardino at a joint regular meeting thereof, held on the 18th day of
April ,2011, by the following vote, to wit:
4
6
COUNCIL MEMBERS:
7
8 MARQUEZ
" VACANT
10 BRINKER
11
SHORETT
12
KELLEY
1.1
14 JOHNSON
15 MC CAMMACK
16
17
18
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
~~ f.t.~
Ra .1 Clark, City Clerk
19
The foregoing Ordinance is hereby approved this /;?nt day of April
,2011.
20
K J. MORRI ,
an Bernardino
r
21
22
23
24
Approved as to form:
JAMES F. PE:-';MAN
25
!Cit:A~Y ~
261(~~ ~
"
-.
28
5
C:\Docllmenls and Scttings\hempl.:oo\My Documents\Deemcd Approved Ord Amend 4-18-11 Urgency,doc