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ORIGINAL
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: M. Margo Wheeler, Director Subject: Final adoption of an Ordinance to
amend Section 19.06.030(2)(B) of the
Dept: Community Development Development Code regarding alcoholic
Date: June 28, 2011 beverage sales activities. (DCA 11-06)
MCC Date: July 5, 2011
Synopsis of Previous Council Action:
6/20/2011 — Mayor and Common Council heard the item, closed the public hearing, and laid the
Ordinance over for final adoption.
Recommended Motion:
That the Ordinance be adopted f
r
f
M. Margo Wheeler, AICP
Contact person: Terri Rahhal, City Planner Phone: 3330
Supporting data attached: Staff Report Ward: Citywide
FUNDING REQUIREMENTS: Amount: N/A
Source:
Acct. Description:
Finance:
i
Council Notes:
Agenda Item No. 13
I ;
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
Dept: Community Development Code (Development Code) Section 19.06.030(2)(B)
regarding alcoholic beverage sales activities.
Date: June 6, 2011 (DCA No. 11-06).
MCC Date: June 20, 2011
Synopsis of Previous Council Action:
9/20/2010 Mayor and Common Council adopted Ordinance No. MC-1331, 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-1350 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 over for final adoption.
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: C=' Zo /( 3
Agenda Item No.
7-S-oo/�
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)
Background:
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-1331 was needed to extend the deadline.
On March 22, 2011,the Legislative Review Committee, Council members Marquez, Shorett, and
McCammack, 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 18, 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 1)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 final 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
CITY OF SAN BERNARDINO ATTACHMENT 1
j
D
STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION
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: Calero, Coute, Eble,Machen, Heasley, Mulvihill and Sauerbrun
Nays: None
Abstain: Durr
Absent: 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, 2011.
i
M. Margo Wheeler,AICP Date
Community Development Director
cc: Case File, Department File
PLANNING COMMISSION STAFF REPORT
CITY OF SAN BERNARDINO PLANNING DIVISION
CASE: Development Code Amendment No. 11-06
AGENDA ITEM: 1
HEARING DATE: May 25, 2011
WARD: City-wide
APPLICANT: 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:
® Not Subject to CEQA per Section 15061(b)(3)
❑ Exempt per Section
❑ No Significant Effects
❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan
STAFF RECOMMENDATION:
® Recommend Mayor and Council Approval.
❑ Approval
❑ Conditions
❑ Denial
❑ Continue
I
DCA No. I 1-06
Hearing Date:05125111
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 performance standards
and permitting requirements for alcoholic beverage sales businesses, as follows:
SECTION 19.06.030(2)(B)
1. Article II, Section II:
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:
2. Article 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 21, 2011 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.
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 are exempt from 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
RBS training, who would then be responsible for training all employees who are involved
in the sale of alcoholic beverai.es.
3. Article I1, Section VI (D) & (E)
(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,
DCA No. 1 1-06
Hearing Date:05/25/11
Page 3
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.
(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 factory multi-container packages equivalent to a six-pack 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, 2011, 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 RBS course shall include at a
minimum the following: a review of ABC laws and regulations, criminal
and civil liabilities; acceptable forms 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 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 loun a area
as a principal or independent activity are not included in this exemption ) Fraternal
organizations and veterans clubs are exempt from 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
RBS training, who would then be responsible for training all employees who are involved
in the sale of alcoholic beverages.
BACKGROUND
• 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 Permit for new
alcoholic beverage sales activities and to establish automatic deemed approved status for
legal nonconforming activities
DCA No. 1 1-06
Hearing Date:05/25/11
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-1350) and referred 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 permitting requirements for alcoholic beverage sales
activities.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA)
The proposed Development Code Amendment exempt from CEQA pursuant to Section
15061(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 currently 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 performance standards and permitting requirements for
alcoholic beverage sales activities.
Article I1, Section 11 will provide additional clarification on uses that are exempt from the
Conditional Use Permit requirement but are still subject to the Director approval of a
Development Permit and a finding of public convenience or necessity, when applicable.
Article 11, 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 certain on-sale businesses, such as fraternal
organizations, veterans clubs, and sit-down restaurants whose predominant function is the
service of food, from 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 1-06
Hearing Date:05/25/11
Page 5
outlets with 25 or more employees or containing over 10,000 square feet or more of floor area,
by requiring only supervisory employees to attend the training courses.
Article II, Section VI (D) & (E) will provide minor revisions to the section necessary to clarify
the intent of the requirements of the ordinance.
Article II, Section VIII (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 III, Section IV (G), will modify the deemed approved performance 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. 11-06, 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 based on the following findings 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 harmful 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 benefits to the public."
Goal 2.8: "Protect the life and property of residents, businesses, and visitors to the City of
San Bernardino from crime....."
Policy 2.8.3: "Encourage projects to incorporate the Crime Prevention Through
Environmental Design (OPTED) and defensible space techniques to help improve safety.
Goal 7.1: "Protect the residents of San Bernardino from criminal activity and reduce the
incidence of crime"
DCA No. 1 1-06
Hearing Date:05/25/11
Page 6
2. The proposed atnendntent would not be detrimental to the public interest, health, safety,
convenience or welfare of the 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
often 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 performance standards
and permitting requirements for alcoholic beverage sales activities, consistent with the direction
of the Mayor and Common Council, pursuant to Ordinance No. MC-1350.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Development Code
Amendment No. I1-06 to the Mayor and Common Council, based on the findings of fact
contained in this staff report.
Respectfully Submitted,
Lori Farris
Planning Aide
Approved for Distribution:
M. Margo Wheeler, AICP
Community Development Director
Attachments:
A: Ordinance No. MC-1350
Adopted: April 18, 2011
Effective: April 18, 2011
1 ORDINANCE NO. MC-1350
2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
3 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES, DECLARING THE
4 URGENCY THEREOF AND TAKING EFFECT IMMEDIATELY.
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
7 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
8
' 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
10 (2/3) vote of the Council; and
I 1 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),
12 requiring a conditional use permit for new alcoholic beverage sales activities and establishing automatic
13 deemed approved status for legal nonconforming activities and repealing Ordinance No. MC-1323; and
14 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
1' nuisances and do not generate problems associated with the public consumption of alcoholic beverages
16 such as littering, loitering, graffiti, unruly behavior and escalated noise levels; and
17 WHEREAS, Ordinance No. MC-1331 is commonly referred to as the "Deemed Approved
Ordinance" because all lawfully established businesses existing in the City as of October 21, 2010, and
18 selling alcoholic beverages, whether on-sale or off-sale businesses are "deemed approved"pproved to lawfully
19 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
20 Approved Ordinance; and
1 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
"Responsible Beverage Sales"(RBS) within 60 days of hire or within six months of the effective date of
23 the Ordinance; and
24 WHEREAS, to help businesses fulfill this RBS training requirement, the San Bernardino
25 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 free
26 RBS training courses at City Hall; and
27
WHEREAS, the deadline for businesses to complete the RBS training requirement under the
28 current ordinance expires on April 21, 2011; and
I
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MC-1350
1 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
3 beverages and should be exempt from this RBS training requirement; and
4 WHEREAS, retail outlets with 25 or more employees or containing 10,000 square feet or more
5 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
6 attend the RBS training courses; and
7 WHEREAS, other minor revisions to the Deemed Approved Ordinance are necessary to clarify
8 the requirements of the Ordinance;
9 NOW,THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
10 BERNARDINO DO ORDAIN AS FOLLOWS:
I I SECTION 1. 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 19.06.030(2)(B)
14 1. Article II,Section II:
Is 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
16 requirements of this Article. The following uses are exempt from this requirement to obtain a
17 Conditional Use Permit, and shall be subject to Director approval of a Development Permit and a
finding of public convenience or necessity, if required:
18
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
21 Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training by October 21,
22011, 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
13 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
24 minors and persons already intoxicated.
2s '
Sit down restaurants whose predominant function is the service of food and where the on-site
26 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
27 are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not
,8 included in this exemption.) Fraternal organizations and veterans clubs are exempt from this training
- requirement.
2
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MC-1350
1 Retail outlets with 25 or more employees or containing 10,000 square feet or more, and subject
I 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
3 beverages.
4 3. Article II, Sections VI (D) & (E):
5
(D) The name, address, and telephone number, if available, of all existing schools, parks,
6 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.
s
(E) The name, address, and telephone number, if available, of all alcoholic beverage sale
9 activities within 500 feet of the proposed alcoholic beverage sales activity establishment and within a
10 1000 foot radius from the proposed alcoholic beverage sales activity establishment.
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
13 greater, or original factory multi-container packages equivalent to a six-pack quantity.
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
1� Drugs (LEAD), other "Responsible Beverage Service" RBS training b October 21 2011 or within
g ( ), P g (RBS) g Y
17 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
is at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil
19 liabilities; acceptable forms of identification; and how to identify minors and persons already
intoxicated.
20
Sit down restaurants whose predominant function is the service of food and where the on-site
71 sale of alcoholic beverages is incidental or secondary are exempt from this training requirement. An
22 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
23 included in this exemption.) Fraternal organizations and veterans clubs are exempt from this training
requirement.
24
25 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
26 would then be responsible for training all employees who are involved in the sale of alcoholic
27 beverages.
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
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I
I
MC-1350
I City of San Bernardino in Article 11, Section 7 of the California Constitution, and Sections 31, 40(z),
2 and 121 of the Charter of the City of San Bernardino.
3 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 find that the adoption of this Urgency
4 Ordinance regulating the establishment and operation of on-site and off-site alcoholic beverage sales
5 activities is necessary for the immediate preservation of the public peace, health and safety in
accordance with City Charter Sections 31 and 121.
6
SECTION 4. Compliance with the California Environmental Quality Act. The Mayor and Common
7 Council finds that this Ordinance is not subject to the California Environmental Quality Act(CEQA)
8 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
9 Section 15378)of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
10 has no potential for resulting in physical change to the environment, directly or indirectly.
I I 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
12 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
13 declares that it would have adopted each section irrespective of the fact that any one or more
14 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
15
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17
18
19
,11
21
27
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27
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MC-1350
I AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
2 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES, DECLARING THE
3 URGENCY THEREOF AND TAKING EFFECT IMMEDIATELY.
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council
5 of the City of San Bernardino at a j oint regular meeting thereof, held on the 18th day of
April , 2011, by the following vote, to wit:
6
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ %
9 VACANT
10 BRINKER x
11
SHORETT x
12
KELLEY x
1.3
14
JOHNSON x
15 MC CAMMACK x
16
17
18 RaNel Clark, City Clerk
19 The foregoing Ordinance is hereby approved this-ZZfl day of April 2011.
20
21
A1RI 'K J. MORRIS, , r
22 Ct an Bernardino
23
Approved as to form:
74
25 JAMES F. PENMAN
City Att y
27
r t
28
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a
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES.
4
s The Mayor and Common Council of the City of San Bernardino do ordain as follows:
6
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),
7 requiring a conditional use permit for new alcoholic beverage sales activities and establishing automatic
8 deemed approved status for legal nonconforming activities and repealing Ordinance No. MC-1323; and
9
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
10 nuisances and do not generate problems associated with the public consumption of alcoholic beverages
such as littering, loitering, graffiti, unruly behavior and escalated noise levels; and
11
2
WHEREAS, Ordinance No. MC-1331 is commonly referred to as the "Deemed Approved
Ordinance"because all lawfully established businesses existing in the City as of October 21,2010,and
13 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
14 of the Performance Standards listed in the Ordinance and comply with all other aspects of the Deemed
is Approved Ordinance; and
16 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
17 "Responsible Beverage Sales" (RBS) within 60 days of hire or within six months of the effective date of
18 the Ordinance; and
19 WHEREAS, to help businesses fulfill this RBS training requirement,the San Bernardino
County Public Health Department in collaboration with the California Department of Alcoholic
20 Beverage Control (ABC)and the City of San Bernardino, has offered and will continue to offer free
21 RBS training courses at City Hall; and
22 WHEREAS, the deadline for businesses to complete the RBS training requirement under
23 Ordinance No. MC-1331 was on April 21, 2011; and
24 WHEREAS, on April 18, 2011, the Mayor and Common Council unanimously adopted
Ordinance No. MC-1350 as an urgency ordinance amending the Deemed Approve Ordinance and
25 extending the RBS training deadline; and
26 WHEREAS on May 25, 2011,the Planning Commission of the City of San Bernardino
27 conducted a noticed public hearing to receive and consider public testimony and written comments
concerning the amendments to Section 19.06.030(2)(B) of the Development Code(the Deemed
10"'' 28 Approved Ordinance), as adopted by Ordinance No. MC-1350; and
1
r
I WHEREAS, on June 20, 2011 the Mayor and Common Council of the City of San Bernardino
2 conducted a noticed public hearing to receive and consider public testimony and written comments
concerning proposed amendments to Section 19.06.030(2)(B)of the Development Code, including the
3 Planning Division Staff Report containing recommended findings of fact and the recommendation of the
Planning Commission;
4
5 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
6
SECTION 1. The following provisions of San Bernardino Municipal Code (Development Code)
Section 19.06.030(2)(B) are amended to read as follows:
s
Section 19.06.030(2)(B)
9
1. Article II,Section II:
10
1 I 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
12 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
13 finding of public convenience or necessity, if required:
14
,.. 2. Article II, Section IV(F):
15
(F) That the owners and all employees of establishments involved in the sale of alcoholic
16 beverages complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other
17 "Responsible Beverage Service" (RBS) training by October 21, 2011, or within sixty(60) days of hire
for employees hired after that date. To satisfy this requirement,the RBS course must be recognized by
18 the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum
19
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.
20
Sit down restaurants that continue to serve menu items until closing and whose predominant
21 function is the service of food and where the on-site sale of alcoholic beverages is incidental or
22
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
23 lounge area as a principal or independent activity are not included in this exemption.) Fraternal
24 organizations and veterans clubs are exempt from this training requirement.
25 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
26 then be responsible for training all employees who are involved in the sale of alcoholic beverages.
27 3. Article II, Sections VI (D) & (E):
28 (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
2
I other drug abuse recovery or treatment facilities or county social service offices within 500 feet of the
j .. 2 proposed alcoholic beverage sales activity establishment.
3 (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
4 1000 foot radius from the proposed alcoholic beverage sales activity establishment.
5
4. Article II,Section VIII(A) (5):
6
(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.
s
5. Article III, Section IV(G):
9
(G) The owners and all employees of establishments involved in the sale of alcoholic beverages
10 shall complete an approved course in Licensee Education on Alcohol and Drugs(LEAD), or other
11 "Responsible Beverage Service" (RBS)training by October 21, 2011,or within 60 days of hire for
employees hired after that date. To satisfy this requirement,the RBS course must be recognized b the
� Y
12 California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the
13
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.
14
Sit down restaurants that continue to serve menu items until closing and whose predominant
15 function is the service of food and where the on-site sale of alcoholic beverages is incidental or
I
16 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
17 lounge area as a principal or independent activity are not included in this exemption.) Fraternal
18 organizations and veterans clubs are exempt from this training requirement.
19 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
20 would then be responsible for training all employees who are involved in the sale of alcoholic
beverages.
21
22
SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and Common
Council finds that this Ordinance is exempt from the California Environmental Quality Act(CEQA)
23 pursuant to Section 15061(b)(3)of the CEQA Guidelines,the general rule that an activity that will not
24 result in a direct or reasonably foreseeable indirect physical change in the environment is exempt.
25 SECTION 3. 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
26 court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
27
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 any one or more
28 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
3
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
2 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES.
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council
4 of the City of San Bernardino at a meeting thereof, held on the day of
5 , 2011, by the following vote, to wit:
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
I MARQUEZ
8
VACANT
9
BRINKER
10
11 SHORETT
12 KELLEY
13 JOHNSON
14
MC CAMMACK
1s
16
17 Rachel Clark, City Clerk
18 The foregoing Ordinance is hereby approved this day of 2011.
19
20
PATRICK J. MORRIS, Mayor
21 City of San Bernardino
22
23 Approved as to form:
24 JAMES F. PENMAN
25 City Attorney
28
6 � 4
7 �
CO)
1 ORDINANCE
NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES.
4
The Mayor and Common Council of the City of San Bernardino do ordain as follows:
5
6 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
s
WHEREAS, Ordinance No. MC-1331 became effective on October 21, 2010, and was adopted
9 by the Mayor and Council so that alcoholic beverage sales establishments do not become public
10 nuisances and do not generate problems associated with the public consumption of alcoholic beverages
such as littering, loitering, graffiti, unruly behavior and escalated noise levels; and
11
WHEREAS, Ordinance No. MC-1331 is commonly referred to as the "Deemed Approved
t 2 Ordinance"
because 11
a lawfully established businesses existing in the City as of October 21, 2010, and
13 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
14 of the Performance Standards listed in the Ordinance and comply with all other aspects of the Deemed
15 Approved Ordinance; and
WHEREAS the Deemed Approved roved Ordinance Performance Standards require pp e that all owners
q
and employees involved in the sale of alcoholic beverages complete an approved training course in
17 "Responsible Beverage Sales" (RBS) within 60 days of hire or within six months of the effective date of
18 the Ordinance; and
19 WHEREAS, to help businesses fulfill this RBS training requirement,the San Bernardino
County Public Health Department in collaboration with the California Department of Alcoholic
20 Beverage Control (ABC) and the City of San Bernardino, has offered and will continue to offer free
21 RBS training courses at City Hall; and
22 WHEREAS, the deadline for businesses to complete the RBS training requirement under
23 Ordinance No. MC-1331 was on April 21, 2011; and
24 WHEREAS, on April 18, 2011, the Mayor and Common Council unanimously adopted
Ordinance No. MC-1350 as an urgency ordinance amending the Deemed Approve Ordinance and
25 extending the RBS training deadline; and
26 WHEREAS on May 25, 2011,the Planning Commission of the City of San Bernardino
27 conducted a noticed public hearing to receive and consider public testimony and written comments
concerning the amendments to Section 19.06.030(2)(B)of the Development Code (the Deemed
C28 Approved Ordinance), as adopted by Ordinance No. MC-1350; and
X13
61-05-1-o l 1
I WHEREAS, on June 20, 2011 the Mayor and Common Council of the City of San Bernardino
2 conducted a noticed public hearing to receive and consider public testimony and written comments
concerning proposed amendments to Section 19.06.030(2)(B) of the Development Code, including the
3 Planning Division Staff Report containing recommended findings of fact and the recommendation of the
Planning Commission;
4
s NOW,THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
6
SECTION 1. The following provisions of San Bernardino Municipal Code (Development Code)
Section 19.06.030(2)(B) are amended to read as follows:
8
Section 19.06.030(2)(B)
9
1. Article II,Section II:
10
11 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
12 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
13 finding of public convenience or necessity, if required:
14
2. Article II, Section IV (F):
1s
(F) That the owners and all employees of establishments involved in the sale of alcoholic
16 beverages complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other
17 "Responsible Beverage Service" (RBS)training by October 21, 2011, or within sixty(60) days of hire
for employees hired after that date. To satisfy this requirement, the RBS course must be recognized by
18 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;
19 acceptable forms of identification; and how to identify minors and persons already intoxicated.
20
Sit down restaurants that continue to serve menu items until closing and whose predominant
21 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
22 the convenience of dining patrons. (Establishments which are primarily a bar or lounge or have a bar or
23 lounge area as a principal or independent activity are not included in this exemption.) Fraternal
organizations and veterans clubs are exempt from this training requirement.
24
25 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
26 then be responsible for training all employees who are involved in the sale of alcoholic beverages.
27 3. Article II, Sections VI (D) & (E):
28 (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
2
1 other drug abuse recovery or treatment facilities or county social service offices within 500 feet of the
proposed alcoholic beverage sales activity establishment.
3 (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
4 1000 foot radius from the proposed alcoholic beverage sales activity establishment.
s
4. Article II, Section VIII (A) (5):
6
(5) Containers of beer or malt liquor not in their original factory packages of six-packs or
7 greater.
8
5. Article III, Section IV(G):
9
(G) The owners and all employees of establishments involved in the sale of alcoholic beverages
10 shall complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other
11 "Responsible Beverage Service" (RBS)training by October 21, 2011, or within 60 days of hire for
employees hired after that date. To satisfy this requirement, the RBS course must be recognized by the
12 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;
t3 acceptable forms of identification; and how to identify minors and persons already intoxicated.
14
Sit down restaurants that continue to serve menu items until closing and whose predominant
15 function is the service of food and where the on-site sale of alcoholic beverages is incidental or
16 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
17 lounge area as a principal or independent activity are not included in this exemption.) Fraternal
18 organizations and veterans clubs are exempt from this training requirement.
19 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
20 would then be responsible for training all employees who are involved in the sale of alcoholic
beverages.
21
SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and Common
22 Council finds that this Ordinance is exempt from the California Environmental Quality Act(CEQA)
23 pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that an activity that will not
24 result in a direct or reasonably foreseeable indirect physical change in the environment is exempt.
25 SECTION 3. 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
26 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
27 declares that it would have adopted each section irrespective of the fact that any one or more
28 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
3
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
,p 2 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES.
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council
4 of the City of San Bernardino at a meeting thereof, held on the day of
5 , 2011, by the following vote, to wit:
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7 MARQUEZ
s
VACANT
9
BRINKER
10
11 SHORETT
12 KELLEY
13 JOHNSON
14
MC CAMMACK
15
16
17 Rachel Clark, City Clerk
i8 The foregoing Ordinance is hereby approved this day of , 2011.
19
20
PATRICK J. MORRIS, Mayor
21 City of San Bernardino
22
23 Approved as to form:
24 JAMES F. PENMAN
25 Cit Attorney
26
27
28
4