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Home My WebLink About25- City Attorney ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN Subject: AN URGENCY ORDINANCE AND A City Attorney NON-URGENCY REGULAR ORDINANCE AMENDING SAN BERNARDINO Dept: CITY ATTORNEY MUNICIPAL CODE SECTION 19.06.030(2)(B) Date: April 29,2010 (DEVELOPMENT CODE) REQUIRING A CONDITIONAL USE PERMIT FOR NEW ALCOHOLIC BEVERAGE SALES ACTIVITIES AND ESTABLISHING AUTOMATIC DEEMED APPROVED STATUS FOR LEGAL NONCONFORMING ACTIVITIES, DECLARING THE URGENCY THEREOF AND TAKING EFFECT IMMEDIATELY Synopsis of Previous Council Action: April 5, 2010-Report to Mayor and Council on the analysis of violence, alcohol outlets, and sales of single serve containers of alcohol in San Bernardino, 2007-2009,referred to Legislative Review Committee. Recommended motion: A. That said Urgency Ordinance be adopted. B. That said non-urgency Ordinance be referred to the Legislative Review Committee and the Planning Commission. es F• Penman,City Attorney Contact person: Henry Emneiio Jr Senior Deputy City Attorney Phone: 5355 Supporting data attached: Staff Report,Draft Ordinance Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: At a5R 1?1.6. i3a3 # a2 3B a?'9"RAiO -7V 4gJ04C 9loG ��Y/ew L'A>'ilnt Agenda Item No. r 5/3/10 STAFF REPORT Council Meeting Date: May 3, 2010 TO: Mayor and Common Council FROM: City Attorney's Office DATE: April 29,2010 SUBJECT: AN URGENCY ORDINANCE AND A NON-URGENCY REGULAR ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 19.06.030(2)(B)(DEVELOPMENT CODE)REQUIRING A CONDITIONAL USE PERMIT FOR NEW ALCOHOLIC BEVERAGE SALES ACTIVITIES AND ESTABLISHING AUTOMATIC DEEMED APPROVED STATUS FOR LEGAL NONCONFORMING ACTIVITIES,DECLARING THE URGENCY THEREOF AND TAKING EFFECT IMMEDIATELY Background: This item is follow-up to Agenda Item Number 35 from the April 5, 2010 meeting of the Mayor and Common Council,relating to the analysis of violence,alcohol outlets,and sales of single serve containers of alcoholic beverages in the City, which was referred to the Legislative Review Committee. The attached urgency and non-urgency ordinances are based upon a draft ordinance submitted by Dan Skiles from the Institute for Public Strategies, an organization that consults with and is funded by the County of San Bernardino, Department of Behavioral Health, Alcohol and Drug Services. Mr. Skiles developed his draft ordinance from ordinances that have been adopted by several other California cities including Oakland, Ontario,Rohnert Park, and Ventura. The proposed ordinances (commonly referred to as "Deemed Approved Ordinances") are designed to create a zoning program to regulate alcohol outlets based on nuisance and crime activities occurring at or near such businesses that have a negative impact on the surrounding communities. The ordinances allow for the Mayor and Common Council to adopt by resolution an annual permit fee to be paid by all affected businesses in order to fund the cost of administration and enforcement of the program. Cities that have adopted Deemed Approved Ordinances have various types of permit fees,ranging from a set fee for every alcohol outlet,a sliding scale based on specific factors, or no fee at all. Mr. Skiles' draft ordinance was presented to the Legislative Review Committee at its April 20, 2010 meeting. Recommendation: Motion: A. That said Urgency Ordinance be adopted. B. That said non-urgency Ordinance be referred to the Legislative Review Committee and the Planning Commission. Alcoholic Beverages Alcohol that is packaged for immediate consumption can lead to public drinking, crime and violence What are Single-Serves? Alcoholic beverages that are packaged for consumption by a single individual at a given time are known as "single-serves."These products may contain beer,dis- tilled spirits or alcoholic energy drinks,which,in addi- tion to alcohol,usually contain caffeine as well as other stimulants.'However,the most common single-serve } . items are bottles and cans of beer,ranging in size from 16 to 40 ounces.Such items often have higher alcohol content than regular beer,making them more potent. Problematic Packaging 24 ounce cans ofbeer are the most common type ofsingle- Single-serve alcoholic beverages are considered prob- serve alcoholic beverages being sold in San Bernardino, lematic for a number of reasons.First is that excessive but 32 and 40 ounce bottles are also found in many super- amounts of alcohol are being packaged for consumption markets and convenience stores. by a single individual.This is especially true of the high leads to public intoxication and a wide range of associ- alcohol content beer known as malt liquor. With 6 per- ated problems including driving under the influence, cent alcohol content being standard,a 40 ounce bottle public urination, litter, and other disruptive behavior. of this kind of product is equivalent to five shots of According to research,such problems are reported on a whiskey. Since it sells for as little$1.39 a bottle,it is the regular basis by residents living in the proximity of re- cheapest way for someone to get drunk.'This makes it a tailers that sell single-serves.In addition,there are also favorite among the homeless and other serial inebriates, reports of crimes of violence, including those receiving public assistance,according including gang-related activi- ! ! ! ! ! ! ! ! ! to research. ties,resulting in personal er ropty damage.°injury A 40 ounce s,e Secondly, single-serve products are routinely offered and/or p bottle Of for sale cold and ready to be consumed. This frequently Underage Drinking malt liquor Last but not least, it should be is equal to t noted that the single-serve cans and bottles of beer are very five shots popular with youth including of whiskey. minorities,to whom these products are specifically mar- • • • • • • • • • s o a s keted. This includes several advertising campaigns fea- turing African American music video stars promoting malt liquor in 40-ounce containers. In addition, since these products are typically priced low,they are more affordable for young people who have less disposable income."'As a consequence,these products may tend Since Hispanic customers prefer lemon with some types of to increase problems related to underage drinking. beer, one San Bernardino store offers fresh lemons so that These are known to include poor academic perform- the product can be consumed immediately after purchase. ance, high-risk sexual practices and an increased likeli- (Sign reads:don't forget the lemons) hood of drinking problems developing later in life.' Issue Briefing Crime& Violence St Ides The connection between crime, violence and alcohol availability has been well documented by scientific re- search.10,11.12 Furthermore,there is new evidence indicat- ing that the consumption of single-serve alcoholic bever- ages may also play a part.For example,a 2006 study of Riverside crime statistics that found a con elation between such sales and higher gang crime.According to Dr. Robert Nash Parker,the author of the study,such prod- ucts are a central part of the activities of gang members. "They sip 40-ouncers,they party,they get their courage up," it was noted in the report.13 Through GIS mapping studies, city officials in San Ber- nardino have also established a correlation between the sales of single-serve alcoholic beverages and the preva- lence of crime.As noted on the map at right,reports from Hip-hop artists Meth&Red doing a rap video ad for St.Ides police of Part I property crime clearly demonstrate that Malt Liquor, a brand that targets African American youth such crime is clustered around alcohol licensees known as allocated for them.Re- 000090000 gpe serves.Stores,"most of which are currently selling sin- sults of the survey,which was conducted in October 88 o�o of retailers Single-Serve Sales in the City of San Bernardino of 2008, showed that surveyed in the these products are a staple To identify the extent of the problem in the City of San in gas stations, conven- City of San Ber- C Bernardino, a survey was conducted by the County De- ience and liquor stores n a rd i n o were partment of Public Health,Alcohol and Drug Abuse Pre- throughout the city,with � vention Program ADAPP .As art of this effo some over 88 percent of them found tO be cur- 165 ( ) P rt, 165 retailers licensed to sell alcoholic beverages were having such items on their rently selling studied helves. Other results of ed and data related to the sales of single-serves were collected.These included the different sizes and Types of _ the survey are listed in the single—serve-s. such items being sold as well as the amount of shelf space table below. s 0 r • • o • a t s a City of San Bernardino: Part-1 Violent Crime in Proximity of ABC Licensed Package Stores u ��i ;fi yt x b lyY .-gs t el....__ r< F,eIa`�... .Ik�� C� , ✓xzS.ro1""'r'*J wt tia 3 (� L i`*, • , 1 IrE l �t «. S .. ? � � J.% E�,�� t �ILI�t>< F� � a� q{ �i� e+�, r , t 2 itlw9 7 a Pt t a ` 3i�F I � �'' �pp� ,' ' t ` *"k`�rj. r T s� y t �� 1 .rv�.*�7 }� h�k� tS 1 ° ,i',:�i 4 L F � � '.,,.�-4�r a'�'y1�'�e--+ �� 4L F�}'�v.0 r.. �i'�,.Lj js kj e✓i Rf ,. , � �p�""}J J �,+ `i'}F r ✓^r.l�j r f ��I �� r;Y,rdrc�� lF� '-/ d- : 14 rt c*i s a r M L.•t <. '"'T y�-'°`r^"r` tf'L � e xs'r z-3 t e, 1,7 ,+i 7m �r i. f�x`gl d t y f it mf{t it v e 9P}° S is 1a"�I7I �rce��iP�xi� '�7n d T � - '�YY WS�LUi Rd$i3n �-i // oFuture Directions to deal with problem businesses. These may include a stronger conditional use permitting process for any new Although sales of single-serves are widespread in San businesses and what is known as a Deemed Approved" Bernardino, it is actually illegal for some of the city's re- e tailers to be selling products packaged in this way.This is ordinance for those already in existence. addition,there of restrictions placed on these businesses by the is another initiative currently under way to o encourage vol- because s city at the time their alcohol license was issued. Known as by retailers removal of single-serve products from the shelves a Conditional Use Permit,such regulations are intended to by retailers who are not currently required to through so h the law. Coordinated by the Office of the Mayor through the ensure the public's health and safety,and all retailers are Operation Phoenix program,such action is expected to required to comply with the restrictions imposed by them. reduce crime and improve the local business climate. However,as demonstrated by the survey cited previously, at least some of the city's retailers have been failing to meet this obligation. In response to this problem,the Office of the City Attor- ney launched an enforcement campaign in May,2009 to bring local alcohol retailers into compliance with all regu- lations. This campaign has been successful with cited businesses removing the banned products from their shelves.However,enforcement alone can not solve the problem, as many retailers are exempt from the ban,hav- ing been in business before it went into effect.Therefore, public officials feel that additional regulations are needed . itSl nae�z .. . mod.; Gras .-v. Alter being citedfor violating the restriction against selling single serve alcoholic beverages, a local convenience store removed the items from their shelves and posted a sign indicat- ing they were no longer allowed to sell such items. 0145-6W8/0S/2903-W2S03o= Vol.29,No 3 Aura. : Cum .0 non Exrasnuramu Rrsanaaa March 2005 d Characteristics of Malt Liquor Beer Drinkers in a Low-Income, Racial Minority Community Sample Ricky N. Bluthenthal, Dicta BrownTaylor, Norma Guzman-Becerra, and Paul L Robinson Background:The authors describe and compare drinking patterns among malt liquor beer (MLB), regular beer(RB),and hard liquor(HL)drinkers in a low-income,racial/ethnic minority community. Methods: Drinkers were recruited from randomly selected alcohol outlets in South Los Angeles.Re- spondents were assessed on soclodemographic characteristic,alcohol use history,drinking patterns,and drinking contest among other items in a face-to-face interview with research staff. Results:Three hundred twenty-nine drinkers were interviewed,of whom 297 reported drinking MLB, Re,or HL brands of alcohol most often in the past 90 days.This subsample was 88%African-American, 72%male,and 35%unemployed.As compared with Be and HL drinkers,MLB drinkers were more likely to be homeless,to receive public assistance for housing,and to be unemployed.MLB drinkers also reported significantly higher rates of daily or near-daily drinking(74%,as compared with 48%for Be and 29%for HL)of drinks per day on drinking days(5.2,as compared with 4.2 for Re and 3.1 for HL),and daily average ethanol consumption(6.97 oz,as compared with 2.13 at for RB drinkers and 6.13 oz for HL drinkers).In multinomial regression analysis that controlled for potential confounders,the odds of preferring RB as compared with MLB were significantly increased among persons with blue-collar occupations and those who reported drinking in public settings and were reduced among persons who drank outdoors,those who combined drinking with tobacco smoking,and those who drank alcohol with members of the same sex. Average daily ethanol consumption odds were reduced for RB drinkers as compared with MLB drinkers. The odds of preferring HL as compared with MLB were significantly increased for persons with white-collar occupations and those who drank in public settings and were reduced for persons who drank outdoors and those who combined drinking and smoking. Conclusion:The authors observed substantial differences in sociodemographic characteristic,drinking patterns,and ethanol consumption by beverage type in this community sample.MLB drinkers seem to have distinctive drinking patterns that require additional study to determine whether this pattern is associated with increased individual or community risk. Key Words:Malt Liquor Beer,African-American,Ethanol Consumption,Brand Name,Venue-Based Sampling. ADVERTISING AND DISTRIBUTION of higher- and ethnic minority drinkers have been found to drink alcohol-content malt liquor beers (MLBs; greater N LBs and other higher-alcohol-content beverages,such as than 5%alcohol content by volume) have historically been fortified wines, disproportionately (Graves and Kaskutas, targeted at lower-income minority communities (Alaniz 2002; Kaskutas,2000).However,national surveys and even and Wilkes, 1998; Hacker et al., 1987;Herd, 2000). Racial community samples of drinkers have typically not collected data on MLB drinking or included MLB drinkers in the From the Drew Center on AIDS Research, Education and Service(RNB, larger beverage type category of beer when analyzing drink- DBT, MG-13),Departmem of Psychiatry (RNB), the CoBabomtive Alcohol ing patterns and consequences (Chen and Paschall, 2003; R&eorch Center(DBT, NG-B), and the Research Center in Minority lnsb- Greenfield et al., 2004). Therefore, little information is tutiom(PLR),Chad&R.Drew University,Los Angeles;the Health Program known about MLB drinkers and the adverse consequences, and Drug Policy Research Center,RAND,Santa Monica, California(RNB); if any, of MLB drinking. and the Integrated Substance Abuse Program, University of California, Los Angeles, California(DBT). Malt liquor been liquor g referred to as malt uor on beverage Received for publication May 24, 1004;accepted December 3, 2004. labels)differ from regular beers(RBs) and even other malt Supported by Grant R27 AA13534fvm the National Institute on Alcohol beverages (e.g., premium malt beverages; flavored beers, Abuse and Alcoholism.Additional support for the preparation of this article such as Smirnoff Ice@; malt beverage coolers, such as was provided by Grant(312-RR03026.17 from Research Centers in Mlnorhy Seagram Coolers)in three ways.MLBs have higher alcohol B"Repri n` content b volume between 1% and 4% more alcohol Reprint re0ues¢:Ricky N. B/mhenth4/, PhD, Drpanmem of Psychiatry, y ( by ® Charles R Drew University,1731 East 1201h Sacer,Building E,Los Angel&, volume as compared with RBs), are typically sold in larger CA 90059;Far:310451-7063;E-malL nckyb@rand.org containers, and are priced lower by volume (BrownTaylor, Copyright 0 2005 by the Research Society on Alcoholism. 2000b;Kerr and Greenfield,2003;Scribner,2000).Further, DOL• 10.1097/OS.ALC.0000156118.74728.34 in many low-income racial and ethnic minority communi- 402 AlcohW Clin Evp Res, Vol 29,No 3,2005:pp 402409 Copyngir.V Research Society on Alcoholism. Unauthorized reproduction of this article is prohibited. MALT LIQUOR BEER DRINKERS IN A MINORITY COMMUNITY 403 ties,MI-Bs,Which are largely sold through off-sale alcohol the association between community-level context and individual4evel outlets(e.g.,liquor stores or convenience stores as opposed drinking patterns and consequences.To accomplish this,2000 US census to on-sale outlets, such as restaurants and bars), are more tract-level data were entered into a principal component analysis to iden- available because Such Communities have disproportionate pos subareas within South Las Angeles based of racial and ethnic com- position,income,poverty,nativity,and household characteristics. Based numbers of off-sale alcohol outlets (Gorman and Speer, on this analysis, the study area was divided into the Westside and the 1997;LaVeist and Wallace, 2000). Eastside,using the official municipal line of division between the Eastside Despite this, there has been little research on MI.B and the Westside in Los Angeles—Main Street—a street that that paral. drinkers in low-income minority communities (BrownTay- lels the 110/Harbor Freeway to the east.Using this border produces an IOI, 2004). In general,measures Of ethanol consumption do equitable split of the population and also captures some of the differences in the social and economic composition of the various sections of inner- not typically adjust for differences in alcohol content within city Los Angeles.The eastern area had a total population of 499597,of beverage categories and often rely on drinkers'Own CaICu- whom 71%were Hispanic and 26%were African-American.In this area, lation Of a standard drink (12-oz beer, 4-oz glass of wine, the per capita income was $9,013, the median household income was 1-Oz shot of hard liquor [HI.)). We have found that ead- $28,940,and 33.6%of residents'incomes were below the poverty line.The mates of ethanol consumption Can be significantly im- western area has a total population of 459,608, of whom 46% were patted by such measurement errors (BrownTaylor at al, Hispanic and 46%were African-Americans.The per copies income was $12,236, the median household income was $31,115, and 31.7% lived under review), below the poverty line. In addition, there are a number of gaps in our under- Next,we randomly selected off-sale general alcohol outlets within each standing of drinking patterns and consequences among area.Off-sale general outlets are permitted to sell beer(including MLBs), low-income African-Americans. Adverse consequences of wine, and HLs to be consumed off the premise,as opposed to beer and alcohol use are substantially higher for African-Americans wine licensees who can only sell been (MLBs included) and wines or on-sale outlets that can sell alcohol for consumption on site. Alcohol as compared with whites in several cateeories (Gaetano, outlets were identified with use of data pnwided by the California De- 2003; Lee et al, 1991; McDonald et al.,2004). Potential partment of Alcoholic Beverage Control. The list of alcohol licensees explanations for this finding include differences in beverage statewide provides information on the time of the licensee,the name of preferences and differences in drinking context (Jones- the establishment, the address of the establishment, and the type of Webb et al, 1997) among others. The aim of the current license;we used the April 2001 version of this list for randomly selecting study is to better understand how MLB drinking might be alcohol outlets. Recruitment occurred at 17 different outlets between November 2001 and May 2003 out of a total 241 such outlets in South Los related to differences in drinking pattern and context Angeles. Of the 17 outlets where recruitment occurred, 8 were on the among low-income minority drinkers. Westside and 9 were on the Eastside.The 9 Westside outlets produced 179 To achieve this aim,we designed a study that collected respondents,and the 9 Eastside outlets produced 150 respondents.For the substantial data on MI.B use among male and female following analysis,we used data from participants recruited at all of the drinkers in a lower-income,racial and ethnic minority area outlets. Eligibility requirements for the study were legal drinking age(21 years of Los Angeles. Using these data,we examine MLB use in in the State of California)and any reported alcohol consumption in the this community sample Of drinkers. We describe sociode- past 90 days. Individuals leaving or entering outlets were approached by mographic and drinking characteristics of MLB drinkers trained research personnel and informed about study procedures and and compare them to the characteristics of consumers of eligibility requirements. Interviews were conducted on weekdays and RB and HL, weekends, typically between 9:00 AM and 5:00 PM. Interviews were conduced in semiprivate settings,such as can or on sidewalks or parking lots away from pedestrians.Most interviews took between 30 and 45 min MATERIALS AND METHODS to complete. Respondents received two full admission adult tickets(val. ued at$14.00)to a local movie theater for participating in the study and Sampling and Recminnenf referrals to alcohol and drug treatment services on request. All study This study was funded as part of an exploratory initiative sponsored by protocols were reviewed and approved by the Institutional Review Board the National Institute on Alcohol Abuse and Alcoholism to assess the at Charles R.Drew University of Medicine and Science. impact of higher-alcohol-content beverages,such as MLBs and fortified Several noteworthy issues arose during the data-collection period. wines,on drinking patterns,consequences,and health outcomes.Because First,we experienced substantial refusals.Because refusals often occurred typical methods of measuring alcohol use and sampling alcohol drinkers informally (potential participants did not respond to verbal greeting by have tended to ignore or unders ample MLB drinkers,we consider them to research staff or waved research staff away),we did not collect systematic be a "hidden"or"hard-to-reach"population and developed a sampling information on this.Second,three alcohol outlets objected to our recruit- strategy that would maximize the opportunity for MLB drinkers to be ing participants new their businesses. Based on responses from these recruited into this study. owners,we attributed their objection to concerns that the current study First,we focused our recruitment efforts in South Los Angeles,Watts, might contribute to community mobilization against alcohol outlet.Al- and surrounding areas, including the cities of Compton and Lynwood, cohol outlets in South Los Angeles have periodically been targeted by This area includes nearly 1 million people,of whom approximately 50% local activists as nuisances,and loitering laws around alcohol outlets have are Hispanic;40%an African-American;and 10%are white,American been enacted to reduce social problems that may arise around alcohol Indian,or Asian and Pacific Islander. More than 40%of the household outlets (Grills at al., 1996). For sampling purposes, three other nearby incomes are below the federal poverty line.These sociodemographic and outlets were used for recruitment of participants.Third,we had originally socioeconomic chmicterimes make it an ideal community in which to intended also to recruit participants at night. However, concern for the study consumption of higher-alcohol-content malt beverages. safety of research personnel resulted in the decision not to recruit at night. Second,within this overall area frame,we sought to identify unique Nonetheless,we were able to recruit and interview 329 baseline respon- sociodemographie and socioeconomic areas that would permit analysis of dents during 18 months of data collection. Copyright Q Research Society on Alcoholism. Unauthorized reproduction of this article I$ prohibited. 404 BLUTHENTHAL Er AL. Main Variables respondents were then asked to describe the usual container in which the Each participant was assessed on a wide range of variables,including beverage was consumed (open-ended), the container size in ounces soriodemographio,quantity and frequency of alcohol use,alcohol use by (ranged from I to 128 oz),90-day frequency of drinking this brand time brand name, and set and setting of alcohol use among others. Key vark (from three or more times a day to less than once a month;converted to shies are described in greater detail in the following paragraphs. a range from 90 days to 1 day),and drinks per drink occasion.Further, S0CnXemographic Chamcanslics. Sociodemographic characteristics col- because we had the brand name of the beverage consumed,we used the lected include ethnicity(Hispanic or not),race(white,African-American, listed alcohol content by volume for the ethanol factor(provided on the Asian/Pacific Islander, and Native American), a label or through communication with the manufacturer).The following age,sex, education (high calculation was then made to determine average daily ethanol consump- school or General Educational Development test versus less than high tion per brand name:drink days multiplied by drinks per occasion multi- school),individual income(below$8,000,$8,001-10,100,$10,001-20,000, piled by container size(in ounces)multiplied by ethanol factor for brand and more than 820,001), marital status (single, divorced, widowed, or name divided by 90.In this article,we report only average daily ethanol separated versus married or Irving as married), employment (currently consumption for the most often consumed brand name. employed or not employed), blue-collar (e,g., skilled, semiskilled, un- Drink Settings, Partners, Time, and Other Behaviors. Drink settings, skilled manual labor) or whim-collar occupation (e.g.,clerical, adminis- time,end other behaviors by brand name were assessed with use trative,professional, executive labor),years at current address(contino- partners,of three questions. Previous research has indicated that drink setting is gusty), receipt of public n for housing (yes or no), and home- associated with drinking patterns and consequences(Beck and Summons, lessness(yes or no),among g others.others. 1987;Gruenewald et al,2000;Herd and Goods,1993;Stewart and Power, Individual History of Akohol Use.Individual history of alcohol use was 2002) To examine this,we asked respondents where they usually drank, also assessed. Participants were asked to report their age at first alcohol with the following options: (1) at a friend's house,(2) in a car/truck or use,their age at fast alcohol intoxication,and whether they had ever been other vehicle,(3)on the street,(4)at school,(5)in a restaurant,(6)at a in alcohol treatment. park,(7)at work,(8)at home,(9)at home but not in the house,(10)in Qmmiry and Fmguenry of Alcohol Consamptiaa Quantity and fre- a club or bar,and(11)at social events.For analysis purposes,respondents quency of alcohol consumption was assessed in two ways: for standard reporting that they drank in a car,on the street,at a park,or at home but drinks during the past 12 months and by each brand name consumed not in the house were classified as outdoor drinkers.Respondents report- during the previous 90 days up to the six most often consumed brand ing that they usually drank at school,in a restaurant,at work,in a club or names.The 12-month quantity and frequency scale was measured with use bar, or at social events were classed as public drinkers. Respondents of the following two items:(1)"In the last 12 months,bow often did you reporting drinking at a friend's house or at home were classified as private usually have any kind of beverage containing almhol?," with response drinkers. options ranging from three or more times a day to less than once a year; Respondents were also asked with whom they usually drank,with the and(2)"In the last 12 months,on a typical day when you drank,how many following response options:(1)no one,I drink alone;(2)with my spouse/ drinks did you have?" Total monthly consumption was calculated by lover; (3)with relatives other than my spouse; (4)with a male friend or recoiling responses in item 1 as days per month,where daily consumption friends;(5)with a female friend or friends;(6)with friends of both sexes; equals 30 days,near-daily consumption equals 24 days,and so on to 0.2 for (7)with strangers;and(8)with business associates for business purposes. less than once a month but at least once a year and 0 for less than once a Because we suspected that drinking patterns might be influenced by the year and then multiplying this number by drinks per drinking day. This presence or absence of members of the opposite am we recoiled re- formula yields a number that captures variance in most alcohol use that sponses number 4 and 5 by sex to create new variables on drinking with can be used for comparisons between individuals and for an individual members of the same sex and drinking with members of the opposite sex. over time. In this analysis,we use quantity and frequency to measure We also asked respondents about when they usually drank,with the variance in alcohol use between individuals. following response options:(1)weekday morning,(2)weekday afternoon, These items were also assessed for each brand name during the past 90 (3)weekday evening,(4)weekend morning,(5)weekend aftemoon,and days.The brand-name beverage—spec ethanol consumption measure is (6)weekend evening.These responses were coded as drinks usually in the a technique we developed based on our previous work (BrownTaylor, morning,aftemoon,and evening and weekday versus weekend drinkers. 2000a; BrownTaylor, 2004; BrownTaylor et al., under review) and the Lastly, we asked respondents whether they combined their brand- existing quantity and frequency measure to determine average daily eth- specific drinking with sex,illegal drug use,or smoking.These issues were anol consumption,Substantial differences in container size and alcohol assessed separately in the following manner: "How frequently do you content by volume have been observed between MLBs and Rex and drink[brand name]while smoking tobacco(or prior to sex or while using among beers in general (Case et al., 2000; Kerr and Greenfield, 2003; an illegal drug)?" Response options ranged from never to always an a Logan et al, 1999;Martin and Nimnberg,1991.).Further,we have found five-point scale.In the analysis presented below,this was recoiled as no for substantial disagreement between self-reported beverage-type classifica- never and as yes for responses that ranged from seldom to always. tion (beer,wine,HL,MLB,wine coolers,and fortified wines)and listed brand name (Bm"Taylor, 2000x; BrownTaylor, 2004; BmwnTaylor et al., under review). These product differences and misclassification by Slarisllcal Analyses research participants can result in significant underestimation or mares. For the following analyses,we use data from the 297 participants who timation of ethanol consumed(Brown'raylor or al,under review;Martin listed an RB, MLB, or HL brand time as their most often consumed and Number&1991). alcoholic bevemge in the past 90 days.Beverage type(RB,MLB,or HL) To avoid this problem,we assessed ethanol consumption with use of is treated as a dependent variable in the following analyses. We fit the the following items:(a)Each respondent was asked to identify the brand most parsimonious (one-order) multinomial logistic regression model, name of the alcoholic beverage he or she had drank most in the past 90 also known as polytomous logistic mgmsslan.Parameters are estimated by days(up to six brand names),and(b)an expanded list of beverage types the maximum likelihood (ML) method. The results explain the relative derived from labels on products and alcohol content that offered 11 risk ratio(RRR)of MLB drinkers in comparison to RB drinkers and HL options and"other"was mead to each respondent: (1) RB; (2) specialty drinkers; MLB drinkers were treated as the reference class. In multino- beer; (3) flavored beer/premium malt beverage; (4) MLB; (5) fruit- mial logistic regression,the exptal coefficients are interpreted similarly to C flavored malt cooler;(6)wine cooler,(7)table,varietal,or sparkling wine; odds ratios. Potential confounders and sociodemographic covariates are (8) citrus wine,grape wine,ports,and desert wines;(9)HL,alone or in included in the final model based on significance at the level ofp<0.05 mixed drinks;(10)bottled HL and juice mix;and(11)"zippers"(Jell-O® in bivariate analyses.We fit various models and assess the goodness of fit mixed with HL sold in snack-size cups).For the first brand name listed, of these models by comparing the Akaike Information Criterion statistic. Copyright CQ Research Society on Alcoholism. Unauthorized reproduction of this article is prohibited. MALT LIQUOR BEER DRINKERS IN A MINORITY COMMUNITY 405 All models are fitted with use of the mlogit procedure in State(version 7.0, In terms Of alcohol use(Table 2), the majority reported StataCorp LP, college Station,Tx). first alcohol use(56%)and first alcohol intoxication(65%) at the age of 16 or older.The majority of respondents were RESULTS daily or near-daily, drinkers (56%p) during the past 12' Sample characteristics are provided in Table 1(n = 297). months,the average daily ethanol consumption in the pre- This community sample consisted largely of males (72%) vtous 90 days was very high (mean = 5.51 oz or more than and African-Americans (88%p). Nearly half (49%) of the nine standard drinks per day[a standard drinks contains 0.6 respondents were aged 39 years or younger and most were oz of ethanol]), and 26%q reported having been in alcohol single(77%, including never married, divorced, widowed, treatment at least once.In terms of the beverage type most and separated). Although most respondents had received often consumed, 41%p reported a MLB, 35%q reported HL, high school diplomas or general equivalent degrees (49%), and 24%reported regular or specialty beers(treated as RB only 4% had received a 4-year college degree or higher. drinkers.in the remainder of this articles). Among these Low employment rates (57%), blue-collar professions respondents, 49 (17%) reported drinking a second bever- (65%p), and low incomes were reported (60% earned less age, and 4 (1%) reported drinking a third beverage. than$10,001 a year).Homelessness was reported by 6%p of Comparisons of sociodemographic characteristics by the sample, and 39%p received some public assistance for beverage type revealed substantial differences (Table 3). housing. MLB drinkers were more likely to be homeless, to receive public assistance for housing, and to be unemployed. RB Table 1. Sample sadademograpnics and Socioeconomic IN=297) drinkers were less likely to have received a high school n 196P diploma or general equivalence degree and were most Sax(missing=4) likely to have a blue-collar occupation. HL drinkers were Male 210(2) more likely to be female, to be younger, to have lived at Rec c'Ay(missing=3) White hite 3(l) current address for fewer years,and to have a white-collar African-American zssleel occupation. No significant differences mrace/ethnicity, Hispanic 26(g) marital status, or income were found (data not shown). Native American 3(1) Substantial differences were observed in many alcohol Other 3(1) Age(missing=1) use—related items (Table 4). MLB drinkers were more © s 29 years 76(26) likely to drink outdoors and to drink in the afternoon. 30-39 years 69(23) 40-09 years 100(34) z 5o years 51(17) Table Z. Alcohol Consumption characteristics IN=297) Marital status Missing=3) n(48) Single 175(60) Living with sex partner 34(12) Age at first alcohol use(missing.1) Manned 33 01) s 9 years 27 (9) Divorced 24 re) 10 and 11 years 14 (5) Widowed 10(3) 12 and 13 years 37 (13) Separated 18(6) 14 and 15 years 54 (18) Education 16 and 17 years 71 (24) Less than high school 64(22) 18-20 years 67 (23) High school diploma or DIED 146(49) a,21 years 26 (9) Some college and/or technical school 77(26) Age a first alcohol intoxication(missing= 16) 4-Year college degree 1214) s 9 years 14 (5) Employment seem Missing= 1) 10 and 11 years 10 (4) Unemployed 105(35) 12 and 13 years 30 (11) Employed 169(57) 14 and 15 years 45 it 6) Disabledtre0red 22(7) 16 and 17 years 73 (26) Income(missing= 8) 18-20 years fit (22) <$8,000 138(48) z 21 years 48 117) $8,000-10,000 35(12) Average alcohol use in the past 12 months(missing=2) $10,001-20,000 43(15) Approximately once a month or less 22 (8) 1$20,001 73(25) Two or three times a month 33 (11) Occupation(missing =24) Once or twice a week 46 (16) HomemakedstudenHdisabled 40(15) Three or four times a week 29 (10) Blue collar 176(65) Nearly every day 46 (16) White collar 57(20) Once a day or more 119 (40) Homeless(missing=1) Average daily ethanol consumption,90 days(ounces) 5.51 (9.69) Yes 18(8) (missing = tr Receive public assistance for housing(missing =7) Ever in alcohol treatment(missing=2) Yes 112(39) Yes 77 (26) Years at current address(missing- 17) Alcohol beverage type most often consumed s 2 years 116(41) Beer(including specially beers,ale,stout,lager) 71 (24) 3-9 years 75(27) Matt beverages 122 (41) 10 years 92(32) Hard liquor 104 (35) GED,General Educational Development(test). 'Mean(SD). Copyright 0 Research Society on Alcoholism. Unauthorized reproduction of this article is prohibited. 406 BLUTHENTKAL Er AL. Table 3. Everette Analyses of Sociodemographic Factors Associated With MLB Use(N=297) Hard Iquor, Variable Regular o(%�, MLB(%i n(%) P value Sex 0.0008 Male 59(86) B9(74) 62(60) Age 0.0004 s 29 years 14(20) 19(16) 43(41) 30-39 yeas 15(21) 32(27) 22(21) 40-49 years 26(37) 51(42) 23(22) a 50 years 16(23) 19(16) 16(15) Years at cuoent address 0.001 s 2 years 28(41) 46(39) 41(44) 3A years 17(25) 28(24) 30(32) a,10 years 23(34) 44(37) 23(24) currently homeless 0.001 Yes 1(1) 15(13) 2(2) Receive public assistance for housing 0.05 Yes 20 R9) 54(47) 38(37) Education 0.01 Less than high school 22(31) 28(23) 14(14) High school or more 49(69) 94(77) 90(86) Occupation 0.0001 H.MadMer/student/disablad 4(6) 23(2% 13(14) Blue calla 50(79) 75(69) 49(51) White collar 904) 12(11) 34 P5) Employment status 0.001 Other(unemployed/disabled/homemaker) 27(38) 65(53) 35(34) Employed 44(62) 57(47) 68(66) Table 4. Bivariate Analysis of Alochol-Related Factors Associated With MLB Use(N=297) Variable Regular beer,n(%) MILE,n(%) Hard liquor,n(%) P value Drinks outdoors-Yes 22 (31) 73 (60) 37 (36) 0.0001 Public drshl-Yes 17 (24) 19 (16) 38 (37) 0.001 s.-- Private drlydrg-Yes 60 (86) 87 (72) 84 (82) 0.05 ` Drinks most during(recoded) 0.001 Morning 10 (15) 18 (16) 14 (14) Afternoon 26 (38) 51 (45) 21 (21) Night 32 (47) 44 (39) 68 (66) Drinks most during 0.002 Weekdays 43 (63) 80 (71) 49 (48) Weekends 25 (37) 33 (29) 54 (52) Beverage consumption partners Onnks More 35 (50) 53 (44) W (35) NS With spousa4over 8 (11) 19 (16) 17 (16) N8 With relatives other than spouse 7 (10) 13 (11) 9 (9) NS With members of the same sex 10 (14) 37 (31) 26 (25) 0.04 With mambas of the opposite sex 6 (9) 29 (24) 26 (25) 0.01 With friends of both sexes 30 (43) 69 (57) 61 (59) NS With strangers 4 (6) 9 (n 3 (31 NS With business associates 0 (0) 4 (3) 5 (5) Ns Beverage use with any Smoking 38 (54) 92 (77) 60 (58) 0.001 Drug use 20 (29) 53 (45) 51 (49) 0.021 Sex 40 (57) 81 (68) 76 (73) N9 Average alcohol use in the past 90 days 0.0001 Approximately once a month or less 8 (11) 3 (3) 20 (20) Two or three times a month 5 (7) 5 (4) 17 (16) Once or twice a week 16 (23) 15 (12) 26 (25) Three or four limes a week 8 (11) 9 (7) 10 (10) Nearly every day 6 (9) 20 (17) 9 (8) Once a day or more 28 (39) 70 (57) 22 (21) Days drinking in the past 90' 52.3 (35.8) 70.1 (29.4) 36.6 (34.4) 0.0001 Drinks par day on drinking days' 4.2 (4.5) 5.2 (4.4) 3.1 (2.3) 0.0001 Usual container Mae(ounces)' 16.1 (6.87) 20.4 (9.54) 9.50(13.3) 0.0001 Average percent alcohol by volume• 4.9 (0.27) 7 (1.02) 38.9 (7.1) 0.0001 Average daily ethanol consumption• 2.13(2.45) 6.97(10.6) 6.13(11.1) 0.0001 Quantity and frequency- 76.22(89.68) 135.43(148.3) 65.93(155.3) 0.0001 Ever in alcohol treatment Yes 14 (20) 41 (34) 22 (21) 0.05 Mean(50). Copyright CQ Research Society on Alcoholism. Unauthorized reproduction at this article is prohibited. MALT UOUOR BEER DRINKERS IN A MINORITY COMMUNITY 607 Along with HL drinkers,MLB drinkers were more likely to drank outdoors, those who combined drinking with to- drink with members of the same sex and the opposite sex bacco smoking, and those who drank with members of and to combine drinking with illicit drug use as compared the same sex. Average daily ethanol consumption odds with RB drinkers. MLB drinkers were more likely to com- were reduced for RB drinkers as compared with MLB bine smoking with drinking as compared with RB and HL drinkers. The odds of preferring HL as compared with drinkers.For 90-day alcohol use, MLB users reported sig- MLB were increased for persons with white-collar occu- nificantly higher rates of daily or near-daily drinking(74%); pations and those who drank in public and were reduced the average number of days of alcohol use for MLB drink- for those who drank outdoors and those who combined ers in the past 90 days was 70.1 as compared with 52.3 for drinking and smoking. There was no difference in aver- RB drinkers and 36.6 for HL consumers.On drinking days, age daily ethanol consumed between MLB drinkers and MLB users also consumed more drinks(on average five as HL drinkers. compared with four for regular drinkers and three for HL drinkers)in larger containers than other drinkers (average DISCUSSION container size of 20 oz as compared with 16 oz for RB drinkers and 9 oz for HL drinkers). In calculations of We observed substantial differences in socioeconomic average daily ethanol consumption in the past 90 days, characteristics,drinking patterns,and ethanol consumption MLB drinkers consumed more than three times as much by beverage type among this mostly African-American, ethanol as RB drinkers and almost a full ounce more of low-income sample of drinkers in South Los Angeles. By ethanol than HL drinkers despite an average alcohol con- recruiting drinkers from off-sale alcohol outlets,we seem to tent per volume per beverage of 7%for MLBs as compared have identified a heavy drinking population: 56%p of our with 39% for HLs. In terms of quantity and frequency, respondents reported daily or near-daily alcohol use; the MLB drinkers had substantially higher values than RB average reported drinks per drinking days was more than drinkers (almost twice as much) and HL drinkers (more four, and the average daily ethanol consumption equaled than twice as much).MLB drinkers were also more likely to 5.51 oz or more than nine standard drinks. In national report having ever enrolled in alcohol treatment.MLB and studies, rates of near-daily drinking are much lower in HL drinkers were more likely to drink with members of the general and specifically for African-American men and same sex and the opposite sex and to combine drinking with female drinkers. For example, the 1992 National Health drug use as compared with RB drinkers. and Nutrition Examination Survey Epidemiologic Using multinominal regressions(Table 5)that controlled Follow-up Study reported that among drinkers,only 16.8% for potential confounders,we compared MLB drinkers(the of African-American men and 9.6% of African-American referent) to RB and HL drinkers. The odds of preferring women consumed alcohol nearly every day or more(Sem- RB drinkers as compared with MLB were increased for pos et al.,2003).Regarding drinks per occasion or drinking persons who had blue-collar occupations and those who drank day, the number of drinks reported by study participants in public settings and were reduced for persons who most closely resembles those reported by individuals enter- ing alcohol treatment.In the Project MATCH study,drinks Table S. Muainomisl Regression Analysis Comparing MLB Drinkers to Regular per drinking day ranged from 4.27 for African-Americans Beer and Hard Liquor Drnkers to 3.79 for Hispanics among pretreatment participants MLB, Regular beer, Hard liquor,AOR (Tonigan, 2003). Variable relerant AO R(95%01) (95%Cl) Measures of alcoholic beverage consumption rarely dis- Occupation tinguish RBs from higher-alcohol-content MLBs.This may Homemaker/student/disabled be of less consequence in samples where MLB use is un- Blue collar 1.00 4.76 0.46-17.14) 4.23(0.56-2.82) white Dollar 1.00 a.m(o.9a-17.161 4s2(1.76-13.20)• common; however, the higher quantity, frequency,and av- Usually drinks outdoors erage daily ethanol amount consumed by MLB drinkers No Yes 1.00 0.38I0.174.76)' 0.32(0.17-0.61)" suggest that at least among African-Americans,.methods Usually drinks in goblin selling for distinguishing MLB drinkers from RB drinkers are No warranted. Other studies of African-American men, Yes 1.00 2.49 0.02-0.06)' 3.90(1.n-8.16)•• African-American and Native American women, and anal- Average daily ethanol consumption 1.00 0.8710.79-0.96)' 1.00(0.97-1.02) Drinks while smoking ysis of state-to-state regulations of alcohol products have No noted that substantial enors in measurement of alcohol Yes 1.00 0.45(6.22-0r3)• 0.44(0.23-0.e4)• Drinks with members of the same consumption is likely if accurate reporting of alcohol con- tent, container size, and beverage type is not achieved No (Bluthenthal et al.,2000;BrownTaylor et al.,under review; Yes 1.66 023(0.13-x.811' 6.76(0.37-1.541 Graves and Kaskutas, 2002; Kaskutas, 2000; Kaskutas and Missing 30 eases. Graves, 2000; Martin and Nirenberg, 1991; Serdula et al., Ap R,adjusted. 5;" odds redo:cI,confidence interval. 1999).Before the National Institute on Alcohol Abuse and 'p x0.05;"ps0.001. Alcoholism higher-alcohol-content initiative, most alcohol Copyright®Research Society on Alcoholism. Unauthorized reproduction of this articte is prohibited. 408 - aLUniENrHAL Er AL. studies of which we were aware did not separate MLB users These findings should be considered in light of the fol- !'^ from RB drinkers,did not account for the larger container lowing limitations.All data are self-reported and therefore Vv sizes of MLB products, and did not calculate ethanol con- are subject to recall and socially desirable responding bi- sumption in a way that was sensitive to the higher alcohol ases. Further, all data were collected during regular busi- content in 1MLBs. ness hours(9:00 AM to 5:00 PM),which likely explains the In addition, MLB drinkers had a distinctive drinking high rate of unemployment in the study sample. In addi- pattern as compared with both RB and HL drinkers.In our tional, our venue-based sampling strategy resulted in sub- sample,RB drinkers had fewer drinking days (20 fewer on stantial refusal from potential respondents, a common average per 90-day period), fewer drinks per drinking day problem in recruitment of participants for epidemiologic (4.2 vs. 5.2 for MLB users), and only 30% of the average and clinical research (Cabral et al, 2003; Kiernan et al., daily ethanol consumption. HL drinkers averaged almost 2000; Waiters, 1993; Waiters and Biemacki, 1989). We do half as many drinking days as MLB drinkers, had approx- not consider drinkers in this study to be representative of imately 40%fewer drinks per drinking day,and had a lower drinkers in our study community. mean average of daily ethanol consumption (although this In terms of measuring alcohol use, we used a method difference was not statistically different in multivariate developed by the investigative team during the course of analysis). This leads us to conclude that MLB drinking several studies. In previous studies, we have observed that patterns in this sample combine the frequent drinking as- respondents do not always accurately distinguish between sociated with RB use with the high ethanol consumption RBs and MLBs (BrownTaylor, 2000a; BrownTaylor,2004; most often associated with HL use. This is a potentially BrownTaylor et al., under review). Confusion between dangerous hybrid-drinking pattern that is worthy of addi- wines and fortified wines (i.e, citrus and grape wines, tional investigation. We are currently involved in analyses desert wines, and ports) can also occur. In this study, we of adverse consequences of drinking with use of this data asked participants to identify the brand name and suggest a set and hope to report findings related to this concern in beverage type from a list of 11 options(from RB to Jell-O® the near future. Further study is required to examine and HL shots, also called "zipper shots"). Extensive ques- whether the patterns of alcohol consumption in this study tions were asked by brand name. Particularly for the first are found among other racial and ethnic groups and other brand name, it seems that fairly complete information was social and economic classes. garnered. However, because of the large number of ques- In terms of set and setting,MLB users were more likely tionnaire items by brand name,we seemed to get fewer and to drink with members of the same sex and to drink out- less complete information on subsequent brand names.We doors. We suspect that the outdoor drinking behavior is found that only one in six respondents reported two brands, due in part to the fact that MLBs are not available in and only 1% reported three brand names. In a previous j commercial public settings such as bars, clubs, or restau- study of African-American men in which we assessed 90- I rants. Drinking outdoors may be associated with both neg- day beverage-specific drinking for six types of alcoholic ative individual consequences, such as increased fighting beverages(RB,MLB,HL,wine,wine coolers,and fortified j and criminal victimization, and community consequences, wine) and associated brand names, 79% reported drinking i such as littering, low social control, and youth exposure to at least two beverage types, and 44% reported drinking j alcohol.Further study is required to establish these poten- three or more beverage types (BrownTaylor et al., under i tial associations. Our finding that MLB drinkers were also review). Our particular measurement method requires fur- more likely to smoke while drinking and to drink with ther refinement to satisfactorily capture drinking of multi- same-sex friends may suggest that a distinctive drinking ple beverage types and brand names. norm has developed among lower-income African- Despite these limitations,we have identified a subpopu- Americans around MLB use. More quantitative, qualita- lation of drinkers with increased levels of alcohol use. !. Live, and ethnographic research is required to determine These high levels of alcohol use are typically only found in j whether a drinking norm exists among MLB drinkers and pretreatment populations of drinkers. Efforts to engage what implications this norm might have for individuals this population in alcohol treatment seem warranted. Fur- within it and the society in general. ther, our data suggest that substantial differences exist Malt liquor beer drinkers were also distinct from RB and between drinkers of MLBs and RBs, even in this largely HL drinkers in terms of occupational status. RB drinkers racially and economically homogeneous sample of drinkers. were more likely to have blue-collar occupations, and HL The drinking pattern among MLB drinkers in this sample drinkers were more likely to have white-collar occupations. differed significantly from RB drinkers in quantity and This suggests that the MLB drinkers in this study were a frequency, and their ethanol consumption suggests that particularly economically disadvantaged group. Whether grouping MLB drinkers with RB drinkers should be recon- they are disadvantaged because of MLB use or use MLBs sidered in samples including significant proportions of - because of their lower occupation status cannot be deter- African-Americans. Further research is required to deter- mined by this study. The association of MLB use with mine whether the differences observed among African- occupational attainment is worthy of additional study. Americans would apply to other racial and ethnic groups. Copyright t� Research Society on Alcoholism. Unauthorized reproduction of this articie is prohibited. MALT LIQUOR BEER DRINKERS IN A MINORITY OOMMUNFY 409 ACKNOWLEDGMENTS Grills CN,Bess K,Brown DI,Akers A(1996)Empowerment evaluation: Building upon a tradition of activism in the African American mmmu- CThe authors thank the research Staff-Antonio Comeras, nity, in Empowemtem Evaluation: Knowledge and Tools for Self- Heather Guentael, Suntae Lee, Gwen Moore, Michael Maley, Avessment&Accountability (Fetterman DM, Kaftarian SJ, Wanders- Keltii Trombacco,and Kamau Williams---and study participants. man A,eds),pp 123-140.Sage Publications,Thousand Oaks,CA. 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Alcohol Clin Exp Res 26:218- Tonigan JS(2003)Project March treatment participation and outcome by 222. self-reported ethnicity.Alcohol Clin Exp Res 27:1340-1344. Greenfield TK, Bond J, Kerr WC, Korcha R, BrownTaylor D (2004) Wafters JK(1993)The significance of sampling and understanding hidden Epidemiology of malt liquor beer consumption based on the year 2000 populations.Drugs Soc 7:13-21. U.S.National Alcohol Survey.Paper presented at the 132nd American W atters JK,Biemacki P(1989)Targeted sampling:Options for the study Public Health Association Annual Meeting,Washington,DC. of hidden populations.Soc Problems 36:416-430. Copyright @ Research Society on Alcoholism. Unauthorized reproduction of this article is prohibited. 6 Alcohol and Violence: Connections, Evidence and Possibilities for Preventiont Robert lash Parker,PhD. Abstract—This article mviexe n number of dmomsiwl and eubsmntive wgumemra and models vroncomingim IiN:bdwevu alcohol nnd'vsolenl alma wIdch hnva appmm6 mtharesimrhh]iterate¢ m iVe pest decade,Use arpumenu and evcdels forvn u frnn foundetim for theexpaculien'that alcohol,plays n..&I rule io violem chum,and thin Into,mm.dodi;.ed..duce ocetimuni= On,link between mlmoholand vi.loo.have Ile p000naw to become zfkmve viNmhrprevea[ion fwltoes.Four smdies on the idanomiler,ho r'een 0wha1 mud vuimm=svinewur"..mcinding one m which a rawal alcohol policy e;p invest n evalunted Taken togetM1et.these Audi.provide subsiaotie!empincal evidence th.l alcohol Ir.li.,cnn"be en tReodvc crime poevomim iool. Keywordn uo.hol,policy,Prevcmion,violence ... The prevention of violence and violent crime in the toventieth century and into the+twenty-first century.Although U.S.:has be=afocos of policy makers,Saw:enforcement, during the late 1980& and 1990s the country ns a whole and citizemandresidentsfmmuobofthe final thirdof tin ezpetiettcedasignificamdropin theram of violence,there Cl-"old tike ro thank Eedi Fmmrty for her asoisimce aril is little er no consensus on why this occurred (Blurnsuin persute M,ft'GafornaDVaIUMNO,OfAlcriihol,und D,gPmrusmc, $Wellman:2001:LaFree 2000',Ragan 1998).One-infer- and MuriaLmaAlmie;DebombN.Pleeimm;good,S.Cartmdlt I.... once daaved from analyse;of;flue mime drop is the notion Smith,and Emily K O'Neill for their evalsam connibutmw to the neRtarch smmonnzed here.I would also line to thank the umnymma that:decilumig consumption of alcohol may have played a mvi.,for their carefully reading and-belpfid cuggesnons:The role in thedecline in rues of violem oriruel(Psd=,'Plcch=r conclusions expremcd,hemrenamthe soeiesponsibilityof the author 8.:AndersoroFacile 2000; Parker& Cartmill 1998).This Director and Professor, Presley Comm for Crime and Justice Studies'ied Department of sociology,Ummondy fCatiforoie.'Riveratde, article addresses the possibility by first summarizing arum. California- - bar of thooretic tl arguments sand-coneeptusl models that Plm¢addmi cmmspundcnce and Mmut requesus.Robert Nush have been.proposed toexplam why.such a causallinkmight Parker,Peaky Ceatu for Crane cad Jdadce Studies, Ilaiveraty of exit between-alcohol'.and.violence.1n-addition, it sum. California.Riverside,IIn College Building South,Riveraids,Cmif.i. mmizcs Lotvempsicalstudiesviiimb.examitreme m1aiioeship InrrmN pfPslthaatUve Rxbr 157 SARC:SapPleumt?,�NIvy20D4 PaAev AleoLol and'i'bteme between aloobol and violence,including one natural experl- found that the"hottest"spot in their:data front Minneapo- meat in which a reduction of alcohol availability o^_currtd' lis was an intersection`with several bars, a liquor outlet, in a community in the middle of a longitudinal study of this and a city park, 33 calls for service to that relationship.The studies summarized show by implication intersection during a 12-month period.Overall They found and inference that alcohol policies might be effective in that four of the tap six hot spots involved areas where controlling violence;the results of the natural experiment :alcohol sales and consumption were dominant aspects of show the empirical effect of changing alcohol policy on the context of these:places. In 'Cleveland, another large rates of violent crime.Finally, the article describes a num- city in the Midwest,Rosette and Manor(1991)found that her ways that the findings of the research summarized blocks with one or more':har:or liquor store had:signifi- here could be put into practical application in the policy cantly:higher rates of violence even after controlling for arena to produce declining rates of violence. This is par- socioeconomic and population compositional factors. hcularly important as the declines is rates of violence in The but spots literature chudy indicates that alcohol the 1990s show signs of being over; recent data suggest plays ardle in the contextual differences that seat misted in that rates of violence are either bottoming out m in fact violence..However, this still heaves the question of how increasing once:again,so that the adlity of a policy tool:for and why people seek such contexts, and the role alcohol preventing or decreasing violence and crime should be at splays in dte;process of individuals moving through their the forefront of current policy debut. daily lives and interacting with others.Atheorefical model developed in the late 19706 by criminologists offers.some WHY SROMD ALCOHOL AND Insight,aspecially:if:we consider thtrole that alcohol plays VPCIYf p3*CE BE RELATED? in the lives of individuals.The routine activity(Cohen& 1Ftbion x1979) or "lifestyle" apmoaches (Hindelaag, The link between alcohol and violence am first of all Crodfmilson& Garofalo '1978) atguecthat crimcand vic- be smis as so aspect of the social context within which lance art normal occurrences, pan and parcel of the ebb behavior oocurs.:Context here includes both other social and flow of social life in modern sncietles.Detivedindmge actors (that is,people,with whom tine interacts)and also . pan from the development ofhuman.ecological theory(set characteristics of Ilte-ph;ysical space in which die social Hawley 1950),these,approaches xoggestthm the daily.rou- internctionmkesplace.-The nature of the context has a Jun- tines that individuate engage a) us a part of living then damental impact on the nature of thebehavierobserved in par[iculxrlifestylebad)expose them to risk of violentvic- that contort, especially in the short rim{that is,.nrinutes, lionization in some cases and in others protect them farm hours, and day-today time ftianui-kn exvemt example suchiesk.111 key to understanding the differing individual istherliffemusein social interaction said behaviorbetweea cask pnifiiles:has to do with how tht:daily activities of the eomext of a church:basement and1lic context of a strip individuals:place them in the same locations,at the"right" club:dramatically,diolwce ispossible inherb places.How- tint;bath withtnotivamdpotem3al offenders and without ever, the probability that violence will oczar in the strip. ,potential guardians.An extreme example in illustrate the club,)hued onpricrexperience,is overwhelmingly:graster argument would be a small, unarmed, relatively weak than that it will occur in the church basement.Why.should female walking alone in:aneighborhood with lots of bars this be:the case?The nature of the context is radically.dif- at 2:00.A.M. This potential victim is without potential ferent; and one of the most surkhtg differences has to do guardians.(no companions,malt ur female),few police with the availability and consumptiom of alcoboL This is arc patrolling at 2.00 AN., and:although tlo streets are not the only diffemnce,:but this diffemn e, plays a-major mostly empty. the bars contain.a number of potential .role in understanding Die differing rates of violence that offenders who at likely to be disgorged as closing time occur in diffaing:eoatexts(see Parker 1993 for forth=dis- gpproachesfoccros. cussion:ofoenttxtand alcohol). What role does alcohol play in routine activity or In the late 1980s,scholars began to notice:significant lifestyle:approaches?Alcohol constmtption is pan of the differences m:rates.of-violence Within.coutexts then were daily or weekly routineofmaay individuals it oursociety, correlated with alcohol.availability and consumption.using and although alcohol is consumed by many people:inthe what is rifarad w as:the"hot spots'appmach,.anexamina .relative safety of their own homes(placiggthemathigher tionofthe physical locations of demand forpolice services risk for fancily or domestic violence;a=Stets 1990),many showed<tnetrates aatied enormously from block block :others seek alcohol consumption in the context of leisure within fee same general neighborhoods,and that lire high• activities'(e,g-,going out restaurants,bars; clubs,spar- est.rates of calls to the police for assistancxftntervtation. ties at.residences of others, and so on). These,activities were coming from areas with high concentrations of alto- almost always take place at night.Routine activities and hol outlets especially where consumption was maturing lifestyles:that involvt going cut in the evening have been on site--burs,xesmurams,areas around liquor stores end found to be significantly related to the risk of vietimiza- so on;.Fat example,:Sherman,Garda and Rue%=.(1989). tion.(Mieff e,Stafford&Lang 1987;Sampson&Wooldredge anus olP+Fkoac!a'["I9rigla l58 mite 5lt 01cmczs 2,1U7 2004 PokW Almobol aad.Yloleaae 19n incgaxdless of other factors such as gender,ethnicity, "treat Artuactoe, (sae Krean-Kotteweg &fanny 1998): and age.Thus the consumption of alcohol and the pursuit Tim is arregion in space towards whfcb s very large nuts- of lehsure activities related to alcohol consumption,.plums ben-of galaxies and clusters of galaaies are being drawn, people in:contexts where violence is much more likeiyto presumably by some o1himtorsetof objects with enormous occur. - gravitational pull,Like'the Great Attraclor in space,places Eased on the-.theored cal arguments presented this far, with higher than average concertiratimsof alcohol outlets it can be seen that there are contexts where violence and and consuming:patrons can serve as"social grusictors'with alcohol are mimed However,Iheaefactors by themselves regard to a variety of criminal and violent behaviors.The do not tell us much about the situations in which alcohol peepleinvoived msomeofthese acts ofviolence may have and violence am ernpirically linked.Mier all,many people not been drinking alcohol that day or evening prior to the drink without ever becoming involved in violence. violence,butnonethelass:alroho1 has played a causal role A.perspective which tries to explain how the causal by creating an atmospbere—both social and physical—in effem of alcohol:and violenceis triggered wtthinsucti con- a particular location which allows for the occurrence of a texts; is the selective disinhibition approach (Parker & variety of mammal and illegal behaviors that could load m Rebhaa 1995:3341).Selective disinhibition provides an violence,One mample is-drug.dealing—an intersection explanation for why so few social interactions involving with saveral hays and a city park may becomethe center of alcohoiend up also:involving violence,while at:the same admg.maeketpla ,attracting drug users and'sellers-intbe tamclercidadngilmmusalroit sometimes played by:ahco- evemng.Th�dmg users and sellers may be perfectly sotim hol intheseiocidarrits-of violence.Thisdoory argues,based butdisputesover sales�and territory may erupt at that 4wa- input on physiological evidence about the impact o£-alto- tioa and'be settled Eby violence, even though no out bas hol on brain funchori,'information*!rir g,-and so.al had a i ink that e-verring. This.mt,mr,tnt further sunnors interaction(see MI, Petersom &Lau 1993), told alcohol the notion thatoomexts involving:the sale;distribution,and can,given the Tight social cimmu stanoes,disinhibit nomn: consumption of alcohol:can, through a variety of mecha- of behavior rthat usuallyy constrain one from,wingviolence naves,enbance the likelihood-that violence will occur at as a means of dispute resolution:and suengthen norms that higher ratnthere thenthiewhete in aeity or town. encourage the use of violence in dispute resolution.:If this In short,there are a number of good'theoretical ma- argument holds,my face-to-face dispute betaveen two or sons to expect arelanonslupbetween alcohol:and violence. mom Parties is am likettlyto involve violence if one or This arholenbw trans to-wrevie ,of some empirical stud- a=of:the parties have been consunng alcohol.Th illus- let which:have been informed by .these theoretical trate,supposea loge,srmcdmale adultis�haysng a dispue approaches and provide some examples of the nature of with small,unarmed female who could be a potential date. research findings an the causal role that alcohol plays in Norms governing this land of interaction would probibit violence. the use Of end the dispute in the male's favor, as this would eliminate for most females the possibility of EMPIRICAL STUDIES ON THE ALCOHOL dating the violent male.Craven the physical and weaponry ANDi"VIOLENCE RELATIONSHIP advantages,the male who has been drinking in this:sima- tion is more likely to,resortto violence to end:The dJupme The four.s[udies'summari2etl here reprasem if fferent in his-favor than a aondrinking male would in:a-similar levels of analysts,from individuals to neighborhoods and situation. On the oil=hand, if the female was aceompa- commumbes, difftrort ways of measuring violence and Died by a male dam who was larger,stronger,and/or better alcohol use or availability,and different methodological armed than the first:male, it is unlikely that any level of approaches.However,they all am attempts to ammus the consumption would overcome norms of self preservation role of alcohol in the causation of vio1ence,.above and and cause thefirst male m attack the:female:disputant.This beyond the well-researched and well known causes of vio- is again an cxtmm example to illustrate the argument pre- lemsuch as poverty,lack or models and.supervision, seated by the selective disinhibition theory, and is a Sack of monomicopportunity,agc, and gender. In addi- probability based argumeaG'bowevtr, the empirical data tion,-they all have indirect or.direct relevance for policy examined w ifinebaveproducedminths:dwit mccumnsteni discussions based on:the findings of these:studies.After, with this theory(Alardz,Ceztmill &Parker.1996;Parker summarizing these four empirical studies.the implications 1995;Parker&-Rebhan 1995) - for prevention will be discussed by way of conclusion. A-f final argument to be considered:here draws on both the hot spots litmamre wdtbe theoretical models discussed From the Begmumg:Alcohol,Drugs and Aggression in here to argue that alcohol can be are of the causes of vio- Preadolescent Youth fence in which mither party to the violent act has been In the context of a study by the author and Emily drinking.To understand.how this might be the case,a con- O'Neill examining the impactof a menial health interven. mpt can be borrowed from astronomy—die notion of the lion in the Riverside,California Unified School District. Joarertl ofpaleaaecave fbrw L19 SARCSgTlemmt 2,3,by.2004 Pinker - ALtihd and Vidaoce data were collectedfrom a sample,of children in grades show that among youth the pisocessislikelym be indirect. three to siza[xwoelementary schools.The working:sample with attitudes and norms towards violence Torming.eai}y consisted of 386 children,representing a response rate of in development among some,youth,resulting in a.process approximately 3090. Of those children,approximately 157 whembyeonsumption of alcohol leads to violence in later provided data for both pre-and past-test.The sample was adolescence and young adulthood, divided approximately equally between boys(48;9%.)and Those:datashow:that.:even at very earlyagas,evidence girls (51.1 1-'Ethnicity data were available for 191 stu- can be found for a relationship between alcohol and vic- dents.:The ethnic distribution was as follows:: 54.590 levee:What can be learned about this relationship from Hispanic; 30.9% White; 10.5%African American;2.3% looking at neighborhood level analyses? - Asian.Approximately 17 891,ofthe students came from so- During the 1990s,the Prevantion Research:Center in cioeconomicaBy disadvantaged homes (measured by free Berkeley, California undertook a three community earn- or reduced cost lunch status), and 27.296 spoke English putative.study ofthe role ofalcohol in accidentsard injuries as a:second language. (sec Holder ei al.1997),whichtheyieferredto as the"Cmn- - Initially, participants were asked to respond to items munitv Trials" study. Although the Gotamunny Trials from the Normative Beliefs About Aggression scale project did notdeal with violence,m companion study:was (Hvesrnann.& Guerra 1993), as well as items addressing conducted;by the present anchor inwhieh,dua.51Dm police. school violence(taken from the California School Climate depanmcros$hb1Worof-die MammunitiOSTOOeanside;Cali- and Safety Survey;Fnrloag&Morrlae111994)and victim- :forma andT.7meneo,SouthGeuml rnehatpicade.,'mtatery; iznden(taken from Mulddirttensional Peer-Victani;rxtion :rape,and assault were bnked:m ol�mflatdensitydsivag Scale;Idynard:&Jos-ph 2000)In the second wave of dam wi'thsocial,economic,and ominaristansfiEOm calltcircc �_..t v A-A ... ..teas d _i mol rhr rood T-1, r-.,S-ts o@> pHtiioA-saA:roaft.lira the usa'CFieanntal assessment was, m February 200]. census hureau:block group :amgya' ;ayipco. with-liollaw-tephrOctober 20011Archivaldata provided by :print, mcibeds were the:potemial. the school district included ethnicity, English language confoundingeffeet ofspatialantaoormli tion.apowntially learner/noaleamer status,home language,parent education, biasin g condition that can maultfmm:the analysisof:cm- socioeconomic status,and.standardized achievement scores tiguously arzayed spatial data,for the resulis(Gru crewel d mraading;,math;bmguagc,and spelling. of al. 1996;also see Cliff.&Ord 198:1). As far asrthe social and hehsviord fatio ors that lead.m The raulm of a pooled analysis for the twoeommuni- aggression are concerned, a leek:of'Impulse control fea- ties (total number of Moak groups= 87) indicated that cored;prominently in.the results.-In addition, if e child alcohol oafietdensity;measuredwoffsite caficisparLON already!had,nmrnadve:'beliefs that.:.supported.and justified :populatie au%n".dOe`Hiookpgsoeya.west si$n s`teanz pscdietor the use:ofmiebont,ra ie early aggressive behavior resulted of the satin of vidleneeimiAie Nock group:controlling for The study also controlled�€ur sociaeconom c status and :poverty;unemployment,Malmimn�sta ility,olhmoky,(per ethnicity,comparing Whiteslol:athri and African Amon- cent African American in Florence;:percent Latho in cans;tivinvariabieshad little predictive impact on violence Oceanside),:pnesence:or absence-,oficgitimate.adult roles and victimization- models imicasured by the m e nfprofessiondl and mcbrii- Consideringthe second wave of model data,the on)occupationholdera dip the block gmup)and thc4evel,of greater the ezperienccofaggression was early on,the more supervision of youth(indmined,hy the divorce rate).:Pov- attitudes and norms developed.tee:favor.viohmee:This erty had a:main.effcctas:uallasan;interaction effect with inmeaseanaztitudestn(4 norms favorable to violenceinnurn African Amexicans,and usere iweresome unexplained site led to augnificantinaeascin thefrequem:y,of aluohohcitn- differences.smh,thafk7oronoe luddiigbnr:cans of violence sumption Sowtulethestinadings doaatsupportthenotion than dtd!()conhside: of a dirtm e f c thetweeo early vidience and victimization It has been-demonstrated ip the literanue that them is and subsequent cubsmma ale,indro rase ofbothaleahol a direct cautapoadeaccbeCweena availability of alcohol:in and tither drugs,aggressive attitudes appearedte:indaectly aneighbodum and Inc.consumption level of the residents influence additional substance mt.In turn, both frequent (Cauenewald,flPotdoki r&Holder 1993).Thus,the,results alcohol end other drug vsemsti ted it increased:aggressive of the Florence and Oceanside study show that availadil- behavior tithe second waveo£'the data.This is not the try ices an impact on rates=of violence.net of a number of case,however,for victimization. i'mpartant predictors of violence;and.consistent with a Although this study has limitations, it is important number of the theoretical porspectirves ptosen€ed above. because-it is hangiltadinal and waa.conducted.in the badd- These iindingswerebasedwn as-overall-measure,ofvio- vidual level.These results help to explain<other-research lence; does this relationship hold for specific types of among youth in similar nonrepresentative samples (see violent crime,such as youth gang activity? White,Pandina &LaGrange.19875 in which aggression Project Bridge was originally funded 6ythe.Office of leads to consumption,and not:the revsrsc;these.findings Juvenile Justice and Delinquency.Programs,adivision of JawwtoJPSytleacliw Dragr 160. SARCSapptincinrZ.May W P,,,y�, Alevavl and Violevice the U.S.Department of Justice,as pan of a oational:study lacks the mustimpmtam fectorm understanding cause and conducted by Irving apergel of:the University of Chicago. effect a theoretical model that explains why shoe Professor Spergel.,one of the gionacm in gang intervention '•color and violence should be:related; and what expects. research(seeSpergel 1995),developed a model designed lions the researcher should have about the direction of the to intervene man in&68ual level in order to disrupt:a gang relationship:The extanttheorms argue that alcohol causes member's ties ro his ocher:gang:amdm provide,via a-,gang violence,and dic studies discussed here are a small subset worker whose soles include big brother,mentor advisor, of the much largerbody of literature of empirical findings and:referral agent for services..and programs,an almina- consistent with this,prediction.It is,of course,possible to tive It.fiestyle,set of skills,and opportunities for educational specify athcory that violence causes alcohol consumption, andaconotnic advancement.5perget sought to demonstrate and indeed suin ,studies of youth have posited such an in a five-sit national study that:his:approach,combined uppmachs(see White,Pandma-&LaGrange 1967). How- with avariety of coordinated law enforcement strategies, ever,for alcohol is highest among middle class and upper would be successful intedueing individual gang member's middle class consumers,not amongpoor residents inneigh- involvement in both gang and nongaug-rehired criminal borhoods witdi'high rats of violence and high density of activity.In addition,Spetgel also argued-that the combined outlets (Gnmsewald,Pohidki & Holder I993). The idea approachof individual intervention and law enforcenratt that mum violent areas demand higher alcohol outlet den- strate;gdas should be targeted to specific geographic areas city is than both theoretically and empirically inconsistent in Minch,gangs:conducted activities,and that an additional with the.extant research. outcome would be an reduction in gang and Tire results of the ihree studies summarized thus far noagang-related crime. imply that if alcohol consumption or availability were In as analysis st the block group level.fm the try of reduced, violence weu!e be :educed.a- well Ann a Riverside in the year 2000,data from,the continuation of number of studies:have examined this possibility(Lenke Project Bridge were utilized by the present author and col- '1990),there is an absence of community-based longitudi- leagues (Celeste Wojtalewim of the Riverside,Police -nal:studies in which alcohol availability has been reduced Deparmusntand Kay Pith,Erdly O'Neilland Louis Tuthill and rates of violminchave subsequently been examined, of the Presley Center at UCR)m test the linkage between The fined study to be discussed hem takes advantage of a alcohol availability and:gnag-selam&vioicoce.Data were natural experiment which occurred inadvertently'in one obtained from thelliveraide Poll=Deparmientonall gang- small Northern California city. related violent:incidents in 2000,including homicide, As pan of:a larger study:on Latino youth violence and robbery,assault,rape;and weapons violations.:In amulti- the impact of alcohol(see Almuz;Br Parker 1997), an vitiate model using the same statistical approach referred opportunity to examine the impact of a reduction in alco- to previously to account for spatial-autocomelauon;a!eo- holavailatiility(as measured in off she retail alcohol outlets) hot outlet density (mensured as off site retail outlets per presented itself UmimCity CaliSomla.The smdywascon- 1.,000 residems)was found to:be a significant predicturof ducted'bytheadicaMmiaAdaniz(SuJose State University) gang violence,controllingforethniccompoaition.divorce, and Deborah Pledmer(lhnvetadyifMumesote,DUludp).The vissnt housing units,trwner occupied units,and the pro- so*period was the years 1992, 1993,and 1994,and darn portion of young azalea.Iriaddition onutlet density,factors at youth vio1eace were callected froun the Union City po- suchaspercernIm inn,divorce rates..and varaatlamaing lioedepartment.Youth violence included homicide;robilim. muts.al):correlated:with incressed:gangviolence while assault,:arson,rape,and weapons violations,e.g.,threaten- owner occupied units:correlated with reduced gang vio. ing someone with a deadly weapon. lence.This is a very interesting funding,as gang.violence Independent of this study, the city council of Union has been amongdre most difficultto prevent or control:if City decided to:revoke:some zaningvariances that had been alcohol plays a causal role in such violeoce,:perhaps pre- granted ioretail businesses,among-thwe sevoral.alcohol vention and control efforts can Abe redirected:(a=about outlets;in areas of the city zoned strictly for residential this idea in the conclusions balm). !and use only.This occurred as part of a general review of The feet that the results of these studies=,consistent the zoning plan:undertaken by the city at this time..As a with theoretical models of the alcohol and violence reds- result,u the end of 1993,five block groups in the city suf- tionship is very important.Despite the common wisdom in feted a drop in the alcohol outlet density for 1994 as epidemiology and public health,longitudinal data and compared with that of 1992 and 1993.This decrease in experimental manipulations do not guarantee that causal outlet-density was measured andnchicind-in a multivariate inferences can be drawn.For example,one could expert- spatial regression model,and found to have:a significant mentally manipulate the color of shoes worn by youth in a and negative relationship with youth violence.Overall out- community, and claim that:a subsequent drop in violence let density had a significant and positive effect on youth was the result of this factor.This hypothetical study has all violence as well, and the block groups with a higher pm- the characteristics of a causal assessment, except that it portion of young males had higher rates of youth violence. Janina(ofFsydvarrme Drags: 161 SARC Suppkmeat 2.rosy 2004 Pecker Atcohvt and Moleom Other variables included in the model includedpovorty, What.policies should be'recommended for increased unemployment, divorce rates,and the proportion of adult ahemtion?There are a number of possibilities,only some role models in professional occupations were also control led of which will be mentioned here.First,communities can for in this analysis.. limit the tendency for outlet density to increase by strictly This Final study demonstrates the impact of policy -enacting.the regulations and policies for approval Of new change with regatdto mailability of:alcohol and violence outlets.In some cases,local.or smteordmances allow con- in.a community.If we assume the,this is a.general Fine- sideration of existing density and the currentrate of crime nomencra,and not unigan finding(and them is no reason, and violence in the arms being proposed for a.now outlet. given the other studies iraported`here and elsewhere, to Similarly, most regulatory schemes in use in the U.S. bdievc that this is unique no Union City),there:am signifi- allow for areview of=,xisaing license to distribute alco- cmt.policy implications of this research on alcohol and hol when that business changes ownership;this would be violence. another way to attempt to reduce the outlet density in a ;high-violence neighborhood by seeing that some outlets CONCLUSION&:POLICY 114 UCATIONS .m'eaot allowed m e nadime under new ownership.The per- A1trD ItECOhAIi'NDATIONS. Iception among some in mrsociety.is that businesses have an unfettered right to me)=profits:regardless of the impact -Whist are theimptications:ofthe nudies discussed here this has onthe cmanaunity.However,the regulatory regimes and elsewhere in the growing literature on the relationship described:here exist at local level so that communities between alcohol and violence?First, policy makers and can exercise:some constraint on those who benefit from researchers have typically viewed alcohol control policies the fact that our society has made alcohol the legal drug of and crime control:policies as independent domains of choice.Outlet density can also bereduced by examining policyrnabag and policy analysis. These studies suggest and in some cases revoking zoning variances that have that this aeparation,is:artificial, and that alcohol control allowed,the density to increase=in arms that one supposed policy.is alsoicrimeeontroi policy.in other words;forthose to be restricted to residential land uses.Alcohol ones can who area ttempting.to:conmil,.prevent,orteduce violence betinereased,with expected reductions in consumption to in society,alcohol control policies can:and should be added result. to the set of policies and approaches.usedby.policy rnak- Suchpolicimcouldbconderummdbydisphumnant- ers,law enforcement personnel,:and communities winking that is, these!policies-applied in one neighborhood could to reduce the toll that violence exacts from our families, cause the alcohol related violence or outlets to move to schools,communities,:andmations. mother area, to avoid the enforcement of policies—and In addition to adding some potentially effective tools there=:some prominent examples of this.Texarkana,a to a .of policies that have not,beenparticularly success- city equally divided between a dry Arkansas county and a ful (e.g., antigang,policies have been notoriously very high density.outlet wet Texas county is a prime unsuccessful,.yet me.of the studies automatized:herm.mg- example;the mamstrmetofthis city has downs of alcohol gents that alcohol coamn3.mightheaneffucti ve gang:control .outlets of the Texas side and none on the Arkansas side. policy tool,anotherset of:advantages accrue if:alcohol The Texas side has consistently:higher rates of violence policy ,h considered to be crime policy.Alcohol control than theArkansas:,side,but the people involved in this vin- policy is well established in the legal end legislative are- knee are just as likely to be from Arkansas asfrom Texas. nas, at the local,stain,and federal levelL Alcohol outlets However,'.in most communities,with adequate planning are regulated by a combination of local and stme statute; and zoning,displacement of outlets and violence can be and practices,and the repeal of prohibition at the national minimized. level in the United States:gave states the right to regulate A number.of the studies described here have focused alcohol production,sales,.and distribution.Federal,as well on violence among youth.Alcohol sales to those under the as stateand local.taxes also can he and ane levied on alto- age of Zl are illegal in the:U.S„yet many such sales occur. hol,and sates and cities have passed regulations governing Thus,a major opportunity existi;u, mvigmatetheenfome- ham of sale,:servwbehavior,age:of purclase,and income mein of local and sate laws conceming underage buying cases,the volume of advertising:iti sim,and off aim out- and selling.This can be done in a variety of ways, from lea. Tams no new, significant legislation need be passed, public campaigns to enlist the voluntary cooperation of and no entirely new clannels of regulation wed to merchants,to increased training of clerks in retail outlets, invented and sold to the alcohol.industry, legislators,and to police initiated underage buying stings, and pseudo the public.Only iewcfforts tomform existing smites and undezalgebuyingprograms,all of which man be made more regulations are needed in most communities to begin to reap effective by the appropriate local publicity, No new laws. the potential benefits of thinking about alcohol control as or regulations art necessary,just a rededication to enforce crime control policy. existing haws and regulations. lmmat nfP.rychuacuvcArngr YGT SAkCSvppivnew I—My 2006 Parker Alcohol and Violence To summarize, this article has reviewed theoretical and empirical results dlswssaI here provide strong evidence arguments that explain why and how.alcohol}slays a causal in support of the idea that alcohol control can be violent role in violence.A number of empirical studies have been crime conaoL Finally, some suggestions for how to pro- reviewed in which the findings eR consistent with these cited in terms of enforcement of existing policies that can theoretical arguments, and in one cast, a longitudinal :result in a reduction ofthetell that violence takes from our intervention was measured and found to result in reduced lives and communities have been presented. rates of violence.Taken together,the theoretical arguments REFERENCES Alm.,M.L.&Pmkm,R.N.1997.Alcohol Oullea Danrity and Meziean Miaho T.D.;StaBord.M.S.&Lang,I.S.1987.Social difierausma, Aneriurn Youth Violence.Fund report snhmiued ins.tke Ford combatvietmriaatian:A test ofrodtioc activniWBfcitylt Uwona. 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Jnumal o"Psychoactive Drugs 163 SARC Supplement 2,May 2004 Report on Analysis of Violence, Alcohol Outlets, and Sales of Single Serve Containers of Alcohol in San Bernardino, 2007-2009 Robert Nash Parker Kevin McCaffree Presley Center for Crime and Justice Studies Department of Sociology University of California, Riverside In 2007 our assistance was requested by the Institute for Public Strategies and the San Bernardino County Department of Public Health,two prevention agencies working to reduce alcohol related problems in the City of San Bernardino, California.An issue of concern for these agencies, as well as for the city, was the sale of single serve containers of alcohol beverages. These containers,which are usually sold cold with the notion of immediate consumption, had raised concerns among city officials, law enforcement, and members of the Drug Free.San Bernardino Coalition, a local substance abuse prevention group.These groups, as well as others in the community,felt that the availability of single serve alcoholic beverages was problematic, contributing to crime,violence, and disorder in and about the community.Their question was whether or not such a relationship could be verified through objective research methods. To accommodate this request, we collected data on alcohol outlet locations, addressed-based violent crime reported to the San Bernardino Police Department, and US Census data from 2000 on a variety of population, family, and age indicators.Then, using a Geographic Information Systems framework, in which the spatial, physical relationship between variables such as violence, alcohol availability, and other relevant factors can be assessed at a detailed, neighborhood-like level, we began to construct maps of the City of San Bernardino using the U.S. Census block group as the unit of study. These units are usually made up of between 4 and 8 city blocks, with a population varying(in 2000) between 200 and 2000;these are the smallest geographic units for which data on racial and ethnic composition is routinely available from the U.S. Census. An important issue was how to assess the degree of sales and business in an outlet generated from standard purchases of bottles of wine, six, 12, and 24 packs of beer and other beverages clearly purchased for consumption elsewhere versus those generated from Report:Violence and Sales of Alcohol in Single Serve Containers Page 2 of 3 the sale of single serve alcohol beverage containers, almost always sold chilled and ready to consume as soon as the customer exits the front door of the establishment. We suggested that a good, if indirect, indicator of the importance of single serve sales to a retail establishment would be to determine the percentage of cooler shelf space for alcoholic beverages that was devoted to single serve containers. For example, if a retail establishment had ten standard coolers (three-foot wide, running from floor to ceiling) or the equivalent devoted to alcoholic beverages, and only one of them was devoted to single serve containers, the inference would be that single serves represent a relatively small portion of the total volume of alcohol being sold at the establishment. However, if 30%of cooler space was devoted to this type of product, it would indicate that single serves represent a major portion of alcohol sales at a particular establishment. Furthermore,we would expect that if alcohol from single serve containers is being immediately consumed, rates of violence would tend to be higher around retailers with higher percentages of cooler space devoted to these products. To test this hypothesis, staff members from the Department of Public Health's Alcohol and Drug Abuse Prevention Program surveyed every alcohol retail outlet in the city, recording the address of the outlet,the total number of coolers containing alcoholic beverages, and as a subset of this latter measure, the amount of cooler space devoted to single serve containers. These data were then linked by address to the outlets and thus as well to the Census block groups. Maps 1, 2, and 3 show these data in the context of San Bernardino, as they and the city are geographically represented. Map 1 shows the concentration of retail alcohol outlets in San Bernardino;the outlets included here were those visited to gather information on cooler space devoted to single serve containers. Map 2 shows the areas of high, moderate, and low/zero violent crime, a category which included homicide, rape, assault, and robbery, with data provided by the San Bernardino Police Department for the 2007 calendar year. Map 3 shows the same data in the background, while in the foreground two types of retail establishments are shown:the red dots represent outlets that had 20%or more of their shelf space devoted to single serve containers;the green number signs represent outlets with less than 10%of cooler space devoted to such containers (outlets shown on this map outside the city boundaries were not included in the analysis discussed below). These results suggest that there may be a link between single serve container availability and violence with the correlation between average cooler space devoted to single serve containers and the violent crime rate being .39 for the Census block groups inside the city limits shown on these maps. Although this correlation is evidence of a relationship, further analysis is needed to y✓ provide evidence that this relationship is an important one for understanding how violence Report:Violence and Sales of Alcohol in Single Serve Containers Page 3 of 3 rates differ across parts of San Bernardino. First of all, violence is a complex phenomenon that has multiple causes, and in order to suggest that single serve container availability has an important impact,such that policies aimed at reducing violence should be framed around regulating this retail activity, additional variables identified in previous research as predictors of violence must be included in the analysis. This will allow us to have more confidence in our findings about the effect of single serve availability, as we will have accounted for other important predictors of violence as well.The research term for this is a net effect, that is, the effect of single serve availability after we account for the effects of other important factors. A specific example of this problem is the well known impact on violence that alcohol availability in general has. Many studies have shown an impact, net of other predictors, of alcohol outlet density on violent crime, so the question here is whether single serve availability has a net effect on violence after the impact of general availability of alcohol is accounted for. In order to address these issues, we conducted a geo-spatial, multivariate analysis that takes into account the small space, geographic nature of these data (such data requires special statistical treatment) and involves computing net effects of density and single serve on violence independent of other factors. Based on prior research and data availability,the other measures we included were the presence of ethnic minorities (in this case,the percent of Latino population), the age structure (percent of people age 18-29), family structure and poverty(the percent of all families that are female headed with children under 18 present), and the housing structure of the neighborhood (percent of housing units that are unoccupied). The results of this analysis show that although outlet density had a significant net effect, so did single serve availability, controlling for outlet density and the other factors discussed above. The impact of both alcohol-related variables was positive, so that in areas with higher average percentages of single serve availability,violence rates were also higher, as was the case for areas with higher outlet density. The percentage of vacant housing was also associated with higher rates of violence. These results suggest that using a regulatory approach to alcohol availability and, specifically,to single serve container availability, may be an effective one as part of an overall strategy designed to reduce violence in San Bernardino. One such regulatory measure would be the adoption of a Deemed Approved Ordinance,which would give the city more authority to set acceptable standards of practice for alcohol retailers.This approach has been effective in reducing problems around alcohol outlets in several other California municipalities. Noted examples have been The City of Oakland and Ventura County.Ontario is the only city that has adopted such regulations in San Bernardino County. Adopted: May 3, 2010 Effective: May 3, 2010 1 ORDINANCE NO. MC-1323 2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 SAN BERNARDINO MUNICIPAL CODE SECTION 19.06.030(2)(B)(DEVELOPMENT CODE) REQUIRING A CONDITIONAL USE PERMIT FOR NEW ALCOHOLIC BEVERAGE SALES 4 ACTIVITIES AND ESTABLISHING AUTOMATIC DEEMED APPROVED STATUS FOR LEGAL NONCONFORMING ACTIVITIES, DECLARING THE URGENCY THEREOF AND 5 TAKING EFFECT IMMEDIATELY. 6 7 The Mayor and Common Council of the City of San Bernardino do ordain as follows: s 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 9 restrictions and limitations provided in the Charter or by State law; and 10 WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption of an urgency 11 ordinance for the immediate preservation of the public peace,health, or safety if passed by a two-third's 12 (2/3)vote of the Council; and 13 WHEREAS,research shows that areas with greater densities of on-site and off-site alcohol outlets also generally have higher rates of motor vehicle crashes, alcohol-related hospital admissions, 14 pedestrian injury collisions, self-reported injury and drinking and driving among both young people and adults; and 15 16 WHEREAS,the relationship between alcohol outlet density and violent crime has been well documented; communities with 100 or more alcohol outlets and a population of 50,000 or more can 17 expect an annual increase of 2.5 violent crimes each year for every alcohol outlet added in the area; and 18 WHEREAS, drunk driving arrests often take place at night, as bars are closing and highways 19 become crowded with patrons who have been drinking; and 20 WHEREAS, studies indicate the rate of alcohol-related crashes can be reduced by responsible beverage service training programs,but the level of risk still is high when outlet density exceeds the 21 acceptable levels of saturation; and 22 WHEREAS, nuisance and criminal activities such as drug dealing,public drunkenness, loitering 23 and other behaviors that negatively impact neighborhoods occur with disproportionate frequency at and 24 around the premises of on-site and off-site sale alcohol uses; and 25 WHEREAS,neighborhood character can change over time and the careful regulation of nuisance activity by on-site and off-site alcohol uses will help to ensure that such uses do not contribute 26 to the deterioration of neighborhoods; and 27 WHEREAS,the citizens of the City of San Bernardino have complained to the San Bernardino 28 Police Department about said nuisance and criminal activities; and 1 MC-1323 1 WHEREAS,there are many establishments in the City of San Bernardino selling alcoholic 2 beverages that do not conform with the Development Code and,as a result, these establishments generate a disproportionate amount of public nuisance service calls for service for the San Bernardino 3 Police Department; and 4 WHEREAS, for the above-reasons and those provided during the hearing on this Ordinance,the 5 Mayor and Common Council find that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of any entitlements for the establishment or operation of on-site 6 or off-site alcohol outlets would result in that threat to public health, safety or welfare. The Mayor and Common Council further find that the adoption of this Urgency Ordinance regulating the establishment 7 and operation of on-site or off-site alcohol outlets is necessary for the immediate preservation of the 8 public peace,health and safety in accordance with the City Charter Sections 31 and 121. 9 WHEREAS,California law does not preempt local land use and zoning regulations with regard to the sale of alcoholic beverages and the authority to regulate nuisance conditions created by state- 10 licensed alcoholic beverage retailers derives from the City's Charter and general law police powers. I WHEREAS,the City of San Bernardino recognizes its responsibility to enforce the law and the 12 need for a partnership with alcoholic beverage sale establishments and the community to address illegal activities in proximity to an alcoholic beverage sales establishment. 13 14 WHEREAS,the City wishes to require each new owner or new licensee of an alcoholic beverage sale establishment to secure a conditional use permit to lawfully engage in the sale of alcoholic 15 beverages within the City; and 16 WHEREAS,the conditional use permit will require the business owner to comply with 17 operational standards and training requirements as conditions of the conditional use permit; and 13 WHEREAS,the City wishes to designate each lawfully established and existing alcoholic beverage sale business to be"deemed approved"to lawfully engage in the sale of alcoholic beverages t 9 and be required to comply with operational standards as conditions to its deemed approved status; and 20 WHEREAS, the California Court of Appeals in City of Oakland, et al. v. Superior Court, et al., 21 45 Cal.App.40i 740 (1996)held that a similar"deemed approved"ordinance was not preempted by state 22 laws regulating the sale of alcoholic beverages because the ordinance merely created an administrative mechanism for enforcing nuisance and criminal laws that were applicable to all alcoholic beverage 23 establishments, even those in operation before the ordinance's effective date; and 24 WHEREAS,the Mayor and Common Council,by adopting this ordinance, have no intention to 25 regulate the sale of alcoholic beverages,but merely a desire to create an administrative mechanism applicable to all alcoholic beverage establishments,to address the nuisance and criminal activities 26 described above; and 27 WHEREAS, an annual use permit fee will be imposed on all alcoholic beverage sale 28 establishments in order to provide the revenue necessary to fund the costs incurred by the City to monitor compliance and enforce the conditions of the conditional use permit and implement programs 2 MC-1323 that promote responsible policies and practices of businesses engaged in the sale of alcoholic beverages; and 2 3 WHEREAS,the annual use permit will establish standards of operation for licensed alcoholic beverage sale establishments in order to promote successful business practices compatible with healthy 4 economic growth, community safety, and quality of life of San Bernardino residents; 5 NOW,THEREFORE,THE MAYOR ANDCOMMON COUNCIL OF THE CITY OF SAN 6 BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. San Bernardino Municipal Code Section 19.06.030(2)(B) (Development Code)is 8 amended to read as follows: 9 19.06.030(2)(B) 10 ARTICLE I—GENERAL 11 SECTION I—TITLE AND PURPOSE 12 A. Title: 13 14 (1)This ordinance shall be brown as the Conditional Use Permit- Deemed Approved Alcoholic Beverage Sales Regulations Ordinance. 15 (2)This ordinance requires land use permits for newly established alcoholic beverage sales 6 activities, confers deemed approved status for existing alcoholic beverage sales activities and provides 17 standards and an administrative hearing process to review violations of those standards in order to protect the general health, safety, and welfare of the residents of the City of San Bernardino and to 18 prevent nuisance activities where alcoholic beverage sales occur. 19 B Purpose: 20 (1) To protect residential, commercial, industrial and civic areas and minimize the adverse 21 impacts of nonconforming and incompatible uses; and 22 (2) To provide opportunities for alcoholic beverage sales establishments to operate in a mutually 23 beneficial relationship to each other and to other commercial and civic services; and 24 (3) To provide mechanisms to address problems associated with the public consumption of 25 alcoholic beverages such as litter, loitering, graffiti, unruly behavior and escalated noise levels; and 26 (4) To provide that alcoholic beverage sales establishments are not the source of undue public nuisances in the community; and 27 28 I I I i i 1 3 HC-1323 1 (5) To provide for properly maintained alcoholic beverage sales establishments so that the 2 negative impacts generated by these activities are not harmful to the surrounding environment in any way; and 3 (6) To monitor Deemed Approved establishments to ensure they do not substantially change in 4 mode or character of operation. 5 SECTION II—DEFINITIONS 6 The meaning and construction of these words and phrases, as set forth below, shall apply 7 throughout, except where the context clearly indicates a different meaning or construction. s (A)"Administrator"means the Administrative Hearing Officer as identified in Section III. 9 (B) "Alcoholic Beverage"means alcohol, spirits, liquor,wine,beer, and any liquid or solid 10 containing alcohol, spirits,wine,or beer, that contains one-half of one percent or more of alcohol by 11 volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances,the sale of which requires a ABC license. 12 (C)"Alcoholic Beverage Sales Activity"means the retail sale of alcoholic beverages for onsite 13 or offsite consumption. 14 (D) "Alcoholic Beverage Sales Establishment" means an establishment where an alcoholic 15 beverage sales activity occurs. Alcoholic beverage sales establishments include but are not limited to the following recognized types of establishments: liquor stores; beer and wine stores; convenience markets; 16 markets;neighborhood specialty food markets; retail sales establishments;wine shops; service stations; 17 taverns; clubs; cocktail lounges,ballrooms, cabarets, dance bars,piano bars;billiard or game parlors, bowling alleys; nightclubs,dance halls; cafes,bars, restaurants with bars; full-service restaurants; and 18 fast food establishments. 19 (E)"California Department of Alcoholic Beverage Control"or"ABC"refers to the department 20 of the State of California empowered to act pursuant to Article 20, section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act. 21 22 (F)"Conditions of Approval"means a requirement that must be carried out by the activity by: (1) a new alcoholic beverage sales activity to exercise a land use permit; or(2) a legal nonconforming 23 alcoholic beverage sales activity to comply with deemed approved performance standards and to retain its deemed approved status. 24 25 (G)"Deemed Approved Activity"means any Legal Nonconforming alcoholic beverage sales activity, as defined in subsection(J). Such activity shall be considered a Deemed Approved activity as 26 long as it complies with the Deemed Approved Performance Standards set forth in Article III, Section IV. 27 28 4 NC-1323 I (H) "Deemed Approved Status"means the permitted use of land for a Deemed Approved 2 Activity. Deemed Approved status replaces Legal Nonconforming status with respect to Alcoholic Beverage Sales Commercial Activity and remains in effect as long as it complies with the Deemed 3 Approved provisions and performance standards. 4 (I)"Illegal Activity"means an activity,which has been finally determined to be in 5 noncompliance with the Deemed Approved provisions and performance standards. Such an activity shall lose its Deemed Approved status and shall no longer be considered a Deemed Approved activity. 6 (J)"Legal Nonconforming Alcoholic Beverage Sales Commercial Activity"or 7 "Legal Nonconforming Activity"means an Alcoholic Beverage Sales Commercial Activity which was a s nonconforming use pursuant to San Bernardino Municipal Code (Development Code)Chapter 19.62, and for which a valid state of California Alcoholic Beverage Control license had been issued and used in 9 the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations Ordinance. Such an 10 activity shall be considered a Deemed Approved Activity and shall no longer be considered a Legal I I Nonconforming Activity. 12 (K) "Off-Sale Alcohol Outlet'means an establishment that conducts retail sales of Alcoholic 13 Beverages for consumption off the premises where sold. 14 (L) "On-Sale Alcohol Outlet'means an establishment that conducts retail sales of Alcoholic Beverages for consumption on the premises where sold. 15 (M) "Operational Standards"means regulations for the business practice activities and land use 16 for locations with a Conditional Use Permit or those further requirements imposed to achieve these 17 goals. Operational Standards constitute requirements which must be complied with by an establishment in order to maintain its Conditional Use Permit. Is 19 (I) "Performance Standards"means regulations for the business practice activities and land use for locations with Deemed Approved status or those further requirements imposed to achieve these 20 goals. Performance Standards constitute requirements which must be complied with by an establishment in order to retain its Deemed Approved status. 21 22 (0) "Permit"means a Conditional Use Permit issued pursuant to this ordinance. 23 (P)"Permittee"means the individual or entity that owns an alcoholic beverage sale establishment and to whom a Conditional Use Permit to operate an alcoholic beverage sale 24 establishment has been issued by the City of San Bernardino. 25 (Q)"Premises"means the actual space within a building devoted to alcoholic beverage sales. 26 SECTION III—ADMINISTRATIVE HEARING OFFICER 27 28 The"Administrative Hearing Officer"shall have the same appointment and qualifications as that designated in San Bernardino Municipal Code Chapter 9.93, Administrative Civil Penalties; and s MC-1323 I shall conduct public hearings and make recommendations intended to encourage and achieve the 2 compliance of particular alcoholic beverage sale establishments with the provisions of this Ordinance. This section is not intended to restrict the powers and duties otherwise pertaining to other City officers 3 or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage sale activities in the City. The Administrative Hearing Officers shall have the powers and duties assigned to them by the 4 Development Code, and other San Bernardino Municipal Code ordinances. 5 SECTION IV-INSPECTION AND RIGHT OF ENTRY 6 The sale of alcoholic beverages is a closely regulated industry. The officials responsible for 7 enforcement of the City Municipal Code or other provisions of the Development Code or their duly B authorized representatives may enter on any site or into any structure open to the public for the purpose of investigation provided they shall do so in a reasonable manner whenever they have cause to suspect a 9 violation of any provision of this ordinance or whenever necessary to the investigation of violations to the Conditions of Approval or Deemed Approved performance standards prescribed in these regulations. 10 If an owner, occupant or agent refuses permission to enter, inspect or investigate,premises which are not 11 open to the public, the officials or their representatives may seek an inspection warrant under the provisions of California Code of Civil Procedure section 1822.50 et. seq. All such inspections shall be 12 conducted in compliance with the Fourth Amendment to the United States Constitution. 13 SECTION V- SEVERABILITY 14 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 Mayor 15 and Common Council hereby declare 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 16 sections subsections, sentences, clauses or phrases maybe declared invalid. 17 ARTICLE II—CONDITIONAL USE PERMITS FOR NEW ALCOHOLIC BEVERAGE SALES 18 ACTIVITIES 19 SECTION I—PURPOSE 20 The general purposes of these regulations are to protect and promote the public health, safety, 21 comfort, convenience,prosperity and general welfare by requiring consideration and approval of a 22 Conditional Use Permit before a new alcoholic beverage sales activity will be permitted in any land use zoning district of the City and by requiring all new alcoholic beverage sales activities to comply with the 23 operational standards in this ordinance and to achieve the following objectives: 24 (A)Protect surrounding neighborhoods from the harmful effects attributable to the sale of 25 alcoholic beverages and to minimize the adverse impacts of nonconforming and incompatible uses. 26 (B)Encourage businesses selling alcoholic beverages to operate in a manner that is mutually beneficial to other such businesses and other commercial and civic activities. 27 28 MC-1323 1 (C)Provide a mechanism to address problems often associated with the public consumption of 2 alcoholic beverages,such as litter, loitering, graffiti, unruly behavior and escalated noise levels. 3 (D) Ensure that businesses selling alcoholic beverages are not the source of undue public nuisances in the community. 4 5 (E)Ensure that sites where alcoholic beverages are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way. 6 This Article alone does not allow or permit alcoholic beverage sales activities,but only applies to 7 these activities where otherwise allowed or permitted within an involved applicable land use zoning 8 district. This Article does not authorize alcoholic beverage sales activities in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations. 9 The provisions of this ordinance are intended to compliment the State of California alcohol- 10 related laws. The city does not intend to replace or usurp any powers vested in the California 11 Department of Alcoholic Beverage Control. 12 SECTION R—REQUIREMENT 13 Notwithstanding any other provisions of this Code, no new on-site or off-site alcoholic beverage 14 sales activity may be established unless a Conditional Use Permit is first obtained in accordance with the requirements of this Article. 15 SECTION III— LOCATIONAL RESTRICTIONS 16 17 A new alcoholic beverage sales activity is not permitted in any of the following locations: 18 (A)Within 500 feet of an existing alcoholic beverage sales activity. 19 (B)Within 500 feet of any of the following: 20 1. A public or private accredited school 21 22 2.A public park,playground or recreational area 23 3. A nonprofit youth facility 24 4. A place of worship or religious institution 25 5. A hospital 26 6. An alcohol or other drug abuse recovery or treatment facility 27 28 7.A county social service office. 7 MC-1323 1 (C) Within a crime reporting district, or within 500 feet of a crime reporting district, where the 2 general crime rate exceeds the city-wide general crime rate by more than 20 percent. 3 (D) A location where the new alcoholic beverage sales activity would lead to the grouping of more than four alcoholic beverage sales activities within a 1,000 foot radius from the new alcoholic 4 beverage sales activity. 5 (E) Establishments containing 15,000 square feet or more which do not sell alcoholic beverages 6 as the principal business are exempt from these locational restrictions. 7 (F) Sit-down restaurants whose predominant function is the service of food and where the on- 8 site sale of alcoholic beverages is incidental or secondary are exempt from these locational restrictions. An incidental bar or lounge shall be allowed for the convenience of dining 9 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.) 10 11 SECTION IV—OPERATIONAL STANDARDS 12 All new alcoholic beverage sales activities shall be designed,constructed, and operated to 13 conform to all of the following operational standards: 14 (A) That it does not result in adverse effects to the health,peace or safety of persons residing or working in the surrounding area. Is (B)That it does not jeopardize or endanger the public health or safety of persons residing or tb working in the surrounding area. 17 (C) That it does not result in repeated nuisance activities within the premises or in close is proximity of the premises,including but not limited to disturbance of the peace, illegal drug activity, 19 public drunkenness, drinking in public,harassment of passersby, gambling,prostitution, sale of stolen goods,public urination,theft, assaults,batteries, acts of vandalism, excessive littering, loitering, graffiti, 20 illegal parking, excessive loud noises, especially in the late night or early morning hours,traffic violations, curfew violations, lewd conduct,or police detentions and arrests. 21 22 (D)That it complies with all provisions of local, state or federal laws,regulations or orders, including but not limited to those of the California Department of Alcoholic Beverage Control ("ABC"), 23 California Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws,regulations or orders. This includes 24 compliance with annual City business registration fees and annual use permit fees. zs (E) That its upkeep and operating characteristics are compatible with, and will not adversely 26 affect the livability or appropriate development of abutting properties and the surrounding neighborhood. 27 28 (F) That the owners and all employees of the alcohol beverage sales establishment who are involved in the sale of alcoholic beverages complete an approved course in 'Responsible Beverage 8 MG-1323 1 Sales" (RBS)within sixty(60)days of hire for employees hired after the passage of this ordinance or 2 within 6 months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible 3 Beverage Service(CCC/RBS) or other certifying/licensing body designated by the State of California. 4 (G) That all alcohol beverage sales activities pay an annual fee in order to defray the expense to 5 the City for the Outreach and Education Program and Monitoring and Enforcement Activities. 6 (IT)A copy of these operational standards, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the 7 establishment where it will be readily visible and legible to the employees and patrons of the 8 establishment. 9 SECTION V—ADMINISTRATION 10 The San Bernardino City Planning Commission shall administer Conditional Use Permits. I SECTION VI—PERMIT APPLICATION 12 Any person, association,partnership, corporation or other entity desiring to obtain an alcoholic 13 beverage sales activity Conditional Use Permit shall file an application with the City of San Bernardino 14 Development Services Department to forward to the San Bernardino City Planning Commission on a form provided by the City. The application shall be accompanied by a nonrefundable application 15 processing fee in an amount established by a resolution of the Mayor and Common Council. 16 The application for a Conditional Use Permit shall contain the following information: 17 (A)The name, address and telephone number of the applicant. If the applicant is a corporation, 18 the applicant shall set forth the name of the corporation exactly as shown in its articles of incorporation. The applicant corporation or partnership shall designate one of its officers or general partners to act as 19 its responsible management officer. 20 (B)The name, address, and telephone number of each lender or share holder with a five percent 21 or more financial interest in the proposed business or any other person to whom a share or percentage of 22 the income of the establishment is to be paid. 23 (C)The name, address, and telephone number of the person who shall manage and operate the establishment for which the permit is requested. 24 25 (D)The name, address, and telephone number of all existing schools,parks, playgrounds or recreational areas,nonprofit youth facilities, places of worship,hospitals, alcohol or other drug abuse 26 recovery or treatment facilities or county social service offices within 500 feet of the proposed alcoholic beverage sales activity establishment. 27 2s 9 MC-1323 1 (E) The name, address, and telephone number of all alcoholic beverage sale activities within 500 2 feet of the proposed alcoholic beverage sales activity establishment and within a 1000 foot radius from the proposed alcoholic beverage sales activity establishment. 3 (F) The name, address, and telephone number of a person authorized to accept service of legal 4 notices. 5 (G)The proposed business name of the alcoholic beverage sales activity establishment and 6 description of all operating aspects of the proposed business. 7 (H) The type of ABC license the applicant is seeking for the alcoholic beverage sales activity 8 establishment. 9 (1) Street address of the proposed alcoholic beverage sales activity establishment and the assessor parcel number for the property. 10 I I (.l) A plot plan for the property depicting the location of the building housing the alcoholic beverage sales activity establishment on the property and all existing and proposed parking, exterior 12 lighting, signage, and landscaping,trash enclosures,waiting or queuing areas. 13 (K)Any other information reasonably necessary to accomplish the purposes of this ordinance. 14 (L)The Planning Commission may refer the application to other City departments to determine 15 whether the premises where the alcoholic beverage sales activity establishment will be located, complies with the City's building,health,zoning and fire ordinances or other applicable ordinances or laws. City 16 departments may conduct an inspection of the premises to determine compliance with the ordinances 17 and other laws they administer. City departments may prepare reports summarizing their inspections and recommending whether to approve or deny the application based on their inspections. 18 SECTION VII—ACTION ON PERMIT APPLICATION 19 20 The Planning Commission shall approve issuance of the Conditional Use Permit to allow a new alcoholic beverage sales activity upon making the following findings: 21 22 (A)The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use. 23 (B) A finding of"public convenience and necessity" (Business and Professions Code Section 24 23958.4(b)(2)),if the activity will be located in an area that has been determined by the state of 25 California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a). 26 (C) A finding that the alcoholic beverage sales activity will not aggravate existing problems in 27 the neighborhood created by the sale of alcohol such as loitering,public drunkenness, alcoholic 28 beverage sales to minors,noise and littering. 10 MC-1323 1 (D) The proposed establishment will not detrimentally affect nearby neighborhoods considering 2 the distance of the alcohol establishment to residential buildings, schools,parks,playgrounds or recreational areas,nonprofit youth facilities,places of worship,hospitals, alcohol or other drug abuse 3 recovery or treatment facilities, county social service offices, or other alcoholic beverages sales activity establishments. 4 (E) The proposed establishment will otherwise be compatible with existing and potential uses 5 within the general area. 6 (F)The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur. 7 8 SECTION VIII—CONDITIONS OF APPROVAL 9 Conditions of Approval that shall be imposed include but are not limited to the following: 10 (A) Prohibited Products: To discourage nuisance activities, an Off-Sale Alcohol Outlet shall be I 1 prohibited from selling one or more of the following products: 12 (1)Wine or distilled spirits in containers of less than 750 milliliters. 13 (2)Malt beverage products with alcohol content greater than five and one-half percent by 14 volume. 15 (3)Wine with an alcoholic content greater than 14 percent by volume unless in corked bottles 16 and aged at least two years. 17 (4)Beer or malt liquor sold individually in containers of 40 ounces or less. 18 (5) Containers of beer or malt liquor not in their original factory packages of six-packs or 19 greater. 20 (6)Distilled spirits in bottles or containers smaller than 375 milliliters. 21 (7) Cooler products, either wine-or malt beverage-based, in less than four-pack quantities. 22 (B) Soundwalls: If the Deemed Approved Activity abuts residential areas a soundwall may be 23 required between the establishment conducting the Deemed Approved Activity and the abutting residential areas. The soundwall must comply with all state and local requirements for construction and 24 location and must not obstruct the view of the building and parking areas from the street.Vegetation 25 may be required to be planted along the soundwall to improve the appearance of the soundwall. 26 (C) Trash Receptacles: Permanent, non-flammable trash receptacles may be required to be located at convenient locations appropriately screened from view outside the establishment and in the 27 establishment parking area(if any). The operators of the business may be required to remove on a daily 28 basis, or more frequently if needed to maintain a litter free environment, all trash from these receptacles and from the sidewalk adjacent to the establishment. The operators of the business also maybe required tt MC-1323 1 to remove at least three times per week all trash originating from its establishment deposited on public 2 property within 250 feet of any boundary of its premises. 3 (D) Pay Telephones: Pay telephones on the site of the establishment may either be (i)prohibited; or(ii)required to be of the type that only allow outgoing calls and be located in a visible and well- 4 lighted location. s (E) Program: A"complaint response community relations"program established and maintained 6 by the establishment conducting the Deemed Approved Activity may be required. The program may include the following: 7 8 (1)Posting at the entry of the establishment providing the telephone number for the area commander of the local law enforcement substation to any requesting individual. 9 (2) Coordinating efforts with the police department to monitor community complaints about the 10 establishment activities. n (3)Having a representative of the establishment meet with neighbors or the applicable 12 neighborhood association on a regular basis and at their request attempt to resolve any neighborhood 13 complaints regarding the establishment. 14 (F) Activities: If appropriate the following activities may be prohibited on the premises: pool or billiard tables football or pinball games, arcade style video or electronic games coin-operated 15 amusement devices. 16 (G) Chilled Alcoholic Beverages: An Off-Sale Alcohol Outlet may be prohibited from 17 maintaining refrigerated or otherwise chilled alcoholic beverages on the premises. 18 (H) Hours of Operation: In an Off-Sale Alcohol Outlet,the sale of alcoholic beverages may be t 9 restricted to certain hours of each day of the week unless limited further by the State of California Department of Alcoholic Beverage Control. 20 I Cups: In Off-Sale Outlets,the sale or distribution to the customer of paper or plastic cups in 21 quantities less than their usual and customary packaging may be prohibited. 22 Signs: The following signs shall be required to be prominently pasted in a readily visible 23 manner in English, Spanish and the predominant language of the patrons: 24 (1)"California State Law prohibits the sale of alcoholic beverages to 25 persons under 21 years of age." 26 (2) "No Loitering or Public Drinking." 27 (3) "It is illegal to possess an open container of alcohol in the vicinity of this establishment." 28 (K) Presentation of Documents: A copy of the Conditions of Approval and the 12 MC-1323 1 California Department of Alcoholic Beverage Control license shall be required to be kept on the 2 premises and presented to any law enforcement officer or authorized state or county official upon request. 3 (L) Mitigating Alcohol Related Problems: The establishment shall be required to operate in a 4 manner appropriate with mitigating alcohol related problems that negatively impact those individuals 5 living or working in the neighborhood including but not limited to sales to minors,the congregation of individuals,violence on or near the premises, drunkenness,public urination, solicitation,drug-dealing, 6 drug use, loud noise and litter. 7 (M) Drug Paraphernalia: An Off-Sale Alcohol Outlet shall be prohibited from selling 8 drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5. "Drug Paraphernalia"means all equipment products and materials of any kind 9 that are used intended for use or designed for use in planting,propagating, cultivating, growing, harvesting,manufacturing, compounding, converting,producing,processing,preparing,testing, 10 analyzing, packaging,repackaging, storing, containing, concealing, injecting, ingesting, inhaling,or 11 otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000. 12 INI Loitering: The establishment's operators or employees shall be required to discourage 13 loiterers and to ask persons loitering longer than fifteen minutes to leave the area and contact local law 14 enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so. 15 16 (0) Security Cameras: At least two 24-hour time lapse security cameras may be required to be installed and properly maintained on the exterior of the building at locations recommended by the Police 17 Department. All criminal and suspicious activities recorded on this surveillance equipment must be reported to local law enforcement. To the extent allowed by law,the establishment operators may be 18 required to provide any tapes or other recording media from the security cameras to the Police 19 Department. 20 (P) Security Guards: An establishment may be required to retain a specified number of security guards. The number of security guards shall vary based upon the specific facts and circumstances of 21 each establishment site and operation. All security guards shall have all required state and City permits 22 and licenses. 23 (0) Prohibited Vegetation: No exterior vegetation may be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in 20. a manner that minimizes its use as a hiding place. 25 SECTION IX—APPEALS FROM A DETERMINATION ON AN APPLICATION FOR 26 PERMIT 27 Any applicant or other person aggrieved by a decision of the Planning Commission on an 28 application for a Conditional Use Permit required by this Article may appeal the decision to the Mayor and Common Council pursuant to Development Code Chapter 19.52. 13 HC-1323 1 SECTION X—GROUNDS FOR CONDITIONAL USE PERMIT SUSPENSION OR 2 REVOCATION 3 An alcoholic beverage sales activity establishment Conditional Use Permit may be suspended by the Planning Commission for up to one year or revoked after a noticed public hearing held pursuant to a Development Code Chapter 19.52, for failure to comply with Operational Standards,training 5 requirements or conditions imposed through the Conditional Use Permit. 6 Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore. Notice shall be mailed by U.S. First-Class Mail and Certified Mail Return Receipt Requested at least 10 7 days before the date of the hearing. 8 SECTION XI—INVESTIGATIVE PROCEDURES OF POTENTIAL VIOLATION OF 9 CONDITIONS OF APPROVAL 10 The City shall appoint an Administrative Hearing Officer pursuant to San Bernardino Municipal 11 Code Chapter 9.93,to conduct hearings, make findings and determine whether violations of this Article, including the Operational Standards and Conditions of Approval, as well as whether undue negative 12 impacts or public nuisance activities have occurred, are occurring or are likely to occur in the future. The assigned Administrative Hearing Officer shall exercise all powers relating to the conduct of the 13 administrative hearing pursuant to San Bernardino Municipal Code Chapter 9.93. 14 Upon the City's receipt of a complaint from the public,Police Department, City official or any 15 other interested person that a Conditional Use Permit activity is in violation of the Operational Standards and/or Conditions of Approval set forth in this Article, the following procedure shall be followed: 16 17 (A)A City Enforcement Officer(any Police Officer or other City Enforcement Officer as listed in San Bernardino Municipal Code Chapter 9.93) shall assess the nature of the complaint and its validity Is by conducting an on-site observation and inspection of the premises to assess the activity's compliance 19 with Operational Standards and/or Conditions of Approval. 20 (B) If the Enforcement Officer determines that the activity is in violation of the Operational Standards and/or Conditions of Approval, the Enforcement Officer may issue an Administrative Citation 21 or an Administrative Civil Penalties Notice,which then may be subject to a hearing by the 22 Administrative Hearing Officer pursuant to San Bernardino Municipal Code Chapter 9.92 or 9.93 23 (C)The Administrative Hearing Officer shall determine whether the activity is in compliance with the operational standards and/or Conditions of Approval. Based on this determination, the Hearing 24 Officer may continue the Conditional Use permit status for the use in question, may impose 25 Administrative Civil Penalties pursuant to San Bernardino Municipal Code Chapter 9.93 for violations of the Operational Standards and/or Conditions of Approval or may recommend that the Planning 26 Commission revoke the activity's Conditional Use Permit. If the Hearing Officer determines instead to impose further,new conditions on the activity, such conditions shall be based upon the information then 27 before the Hearing Officer. In reaching a determination as to whether a use has violated the Operational 28 Standards or Conditions of Approval, or as to the appropriateness of imposing additional or amended 14 MC-1323 1 conditions on a use,recommending suspension or revocation of a use, assessing administrative penalties, or the amount of Administrative Civil Penalties to assess,the Hearing Officer may consider: 2 3 1. The length of time the activity has been out of compliance with the Operational Standards and/or Conditions of Approval. 4 5 2. The impact of the violation of the Operational Standards and/or Conditions of Approval on the community. 6 3. Any information regarding the owner of the activity's efforts to remedy 7 the violation of the operational standards and/or Conditions of Approval. s (D)"Efforts to Remedy" shall include,but are not limited to: 9 1. Timely calls to the Police Department that are placed by the owner of the Deemed 10 Approved activity,his or her employees, or agents. n 2.Requesting that those persons engaging in activities causing violations of the 12 Operational Standards and or Conditions of Approval cease those activities, unless the owner of the activity, or his or her employees or agents feels that their personal safety would be threatened in making t3 that request. 14 3. Making improvements to the activity's property or operations,including but not limited 15 to the installation of lighting sufficient to illuminate the area within the use's property line,the installation of security cameras,clear unobstructed windows, clean sidewalks and graffiti abated within 16 three days. 17 (E) If in the judgment of the Administrative Hearing Officer, the operations of the owner of the 18 activity constitute a nuisance, the owner is unable or unwilling to abate the nuisance and the nuisance is t9 shown to be a threat to the public health and safety of the surrounding neighborhood,the Hearing Officer may recommend that the Planning Commission suspend or revoke the activity's Conditional Use 20 permit. All determinations, decisions, and conditions made or imposed regarding the use of a activity shall run with the land. 21 22 (F)The decision of the Administrative Hearing Officer shall become final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Once the decision of the 23 Administrative Hearing Officer becomes final,the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094.6, or other applicable 24 State Law. 25 SECTION XII—APPEAL FROM SUSPENSION OR REVOCATION OF CONDITIONAL USE 26 PERMIT 27 Any applicant or other person aggrieved by a decision of the Planning Commission from a 28 suspension or revocation of a Conditional Use Permit may appeal the decision to the Mayor and Common Council. 15 HC-1323 l 2 ARTICLE III—STANDARDS AND PROCEDURES FOR EXISTING DEEMED APPROVED ALCOHOLIC BEVERAGE SALES ACTIVITIES 3 SECTION I—PURPOSE a 5 The purposes of these regulations are to protect and promote the public health, safety, comfort, convenience,prosperity and general welfare by requiring that alcoholic beverage sales activities that are 6 legal nonconforming activities to comply with the Deemed Approved performance standards in this Chapter and to achieve the following objectives: 7 8 (A) Protect surrounding neighborhoods from the harmful effects attributable to the sale of alcoholic beverages and to minimize the adverse impacts of nonconforming and incompatible uses. 9 (B)Encourage businesses selling alcoholic beverages to operate in a manner that is mutually 10 beneficial to other such businesses and other commercial and civic activities. 11 (C)Provide a mechanism to address problems often associated with the public consumption of 12 alcoholic beverages, such as litter, loitering, graffiti,unruly behavior and escalated noise levels. 13 (D) Ensure that businesses selling alcoholic beverages are not the source of undue public 14 nuisances in the community. 15 (E) Ensure that sites where alcoholic beverages are sold are properly maintained so that negative 16 impacts generated by these activities are not harmful to the surrounding environment in any way. 17 SECTION 11—APPLICABILITY 18 The Deemed Approved alcoholic beverage sales regulations shall apply to all alcoholic beverage sales activities for on-site or off-site consumption existing and operating within the City on the effective 19 date of this ordinance. 20 SECTION III—AUTOMATIC DEEMED APPROVED STATUS 21 22 All Alcoholic Beverage Sales Commercial Activities that were Legal Nonconforming Activities, on the effective date of this ordinance,whether or not previously granted a Conditional Use Permit by 23 the City, shall automatically become Deemed Approved Activities as of the effective date of this ordinance and shall no longer be considered Legal Nonconforming Activities. 24 25 Each deemed approved activity shall retain its Deemed Approved status as long as it complies with the performance standards of this ordinance. 26 The occurrence of any of the following shall terminate the Deemed Approved status of the 27 alcoholic beverage sales activity and require the issuance of a Conditional Use Permit in order to 28 continue the alcoholic beverage sales activity: 16 MC-1323 1 (A)An existing alcoholic beverage sales activity changes its activity so that ABC requires a 2 different type of license. 3 (B) There is a substantial modification to the mode or character of operation. 4 (C) As used herein,the phrase"substantial change of mode or character of operation" includes 5 but is not be limited to the following: 6 1. The off-site alcoholic beverage sales activity establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage. 7 8 2. The on-site alcoholic beverage sales activity establishment increases the floor or land area or shelf space devoted to the display, sales or service of any alcoholic beverage. 9 3. The off-site or on-site alcoholic beverage sales activity establishment expands the sale 10 or service of any alcoholic beverages and/or increases the number of customer seats primarily devoted to 11 the sale or service of any alcoholic beverages. 12 4. The off-site or on-site alcoholic beverage sales activity establishment extends the hours 13 of operation. 14 5. The alcoholic beverage sales activity establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period greater than 30 days by ABC. 15 6. The alcoholic beverage sales activity voluntarily discontinues active operation for 16 more than 90 consecutive days or ceases to be licensed by the ABC. 17 (D)A substantial change in the mode of character of operation shall not include: 1s 1. Re-establishment,restoration or repair of an existing alcoholic beverage sales activity 19 on the same premises after the premises have been rendered totally or partially inaccessible by a riot, 20 insurrection, toxic accident or act of God,provided that the re-establishment,restoration or repair does not increase the sales or service of any alcoholic beverage, extend the hours of operation of any 21 establishment or add to the capacity, floor or land area or shelf space devoted to alcoholic beverages of 22 any establishment that sells or serves any alcoholic beverages. 23 2. Temporary closure for not more than ninety days in cases of vacation or illness or for purposes of repair, renovation,or remodeling if that repair, renovation,or remodeling does not change 24 the nature of the premises and does not increase the sales or service of any alcoholic beverage, extend 25 the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages. 26 (E)Discontinuance. Once it is determined by the City that there has been a discontinuance of 27 active operation for 90 consecutive days or a cessation of ABC licensing, it may be resumed only upon 28 the granting of a Conditional Use Permit as provided in Article II. The property owner shall be notified 17 MC-1323 1 by the City of the termination of the Deemed Approved status and shall be informed of the property 2 owner's right to appeal the City's decision to the Administrative Hearing Officer. 3 SECTION IV—DEEMED APPROVED PERFORMANCE STANDARDS 4 The provisions of this section shall be known as the Deemed Approved performance standards. 5 The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales activities. These standards shall apply to all Deemed Approved alcoholic 6 beverage sales activities that hold Deemed Approved status pursuant to this Article. 7 An alcoholic beverage sales activity("Alcohol Outlet") shall retain its Deemed Approved status 8 only if it conforms to all of the following Deemed Approved performance standards: 9 (A)The Alcohol Outlet shall not cause adverse effects to the health, peace or safety of persons to residing or working in the surrounding area. 11 (B)The Alcohol Outlet shall not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area. 12 (C)The Alcohol Outlet shall not allow repeated nuisance activities within the premises or in 13 close proximity of the premises, including but not limited to disturbance of the peace, illegal drug 14 activity,public drunkenness, drinking in public,harassment of passersby, gambling,prostitution, sale of stolen goods,public urination, theft, assaults,batteries,acts of vandalism, excessive littering, loitering, 15 graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours,traffic 16 violations, curfew violations,or lewd conduct. 17 (D) The Alcohol Outlet shall comply with all provisions of local, state or federal laws, regulations or orders,including but not limited to those of the ABC, California Business and Professions 18 Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant 19 to applicable laws,regulations or orders. This includes compliance with annual City business registration fees and annual use permit fees. 20 (E) The Alcohol Outlet's upkeep and operating characteristics shall be compatible with and not 21 adversely affect the livability or appropriate development of abutting properties and the surrounding 22 neighborhood. 23 (F)All alcohol beverage sales activities shall pay an annual use permit fee in order to defray the expense to the City for the Outreach and Education Program and Monitoring and Enforcement 24 Activities. A copy of these performance standards, any applicable ABC or City operating conditions, 25 and any training requirements shall be posted 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 26 establishment. 27 (G)The owners and all employees of the alcohol beverage sales establishment involved in the 28 sale of alcoholic beverages shall complete an approved course in "Responsible Beverage Sales" (RBS) within 60 days of hire for employees hired after the passage of this ordinance or within six months of the 1s 14C-1323 1 passage of this ordinance for existing employees. To satisfy this requirement, a certified program must 2 meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body designated by the State of California. 3 (H) To discourage nuisance activities, all Off-Sale Alcohol Outlets that hold Deemed Approved 4 Status pursuant to this Article shall be prohibited from selling one or more of the following 5 products: 6 (1)Wine or distilled spirits in containers of less than 750 milliliters. 7 (2)Malt beverage products with alcohol content greater than five and one-half percent by 8 volume. 9 (3) Wine with an alcoholic content greater than 14 percent by volume unless in corked to bottles and aged at least two years. 11 (4)Beer or malt liquor sold individually in containers of 40 ounces or less. 12 (5)Containers of beer or malt liquor not in their original factory packages of six-packs or 13 greater. 14 (6)Distilled spirits in bottles or containers smaller than 375 milliliters. 15 (7)Cooler products, either wine-or malt beverage-based, in less than four-pack 16 quantities. 17 SECTION V—NOTIFICATION TO OWNERS OF ESTABLISHMENTS CONDUCTING DEEMED APPROVED ACTIVITIES 18 19 The City's Development Services Department shall notify the owner of each Deemed Approved activity, and also, if not the same, any property owner at the address shown on the City's property tax 20 assessment records,of the activity's Deemed Approved status. The notice shall be sent by U.S. First Class Mail and Certified Mail Return Receipt Requested and shall include a copy of the performance 21 standards in this Article with the requirement that they be posted in a conspicuous and unobstructed 22 place visible from the entrance of the establishment for public review. This notice shall also provide that the activity is required to comply with all performance standards, that a review fee is required and that 23 the activity is required to comply with all other aspects of the Deemed Approved regulations. Should the notice be returned, then the notice shall be sent via regular U.S. Mail. Failure of any person to receive 24 notice given pursuant to this Article shall not affect the Deemed Approved status of the activity. 25 SECTION VI-DEEMED APPROVED STATUS PROCEDURES 26 The City shall appoint an Administrative Hearing Officer pursuant to San Bernardino Municipal 27 Code Chapter 9.93 to conduct hearings, make findings and determine whether violations of this Article, 28 including the Deemed Approved performance standards, Conditions of Approval, undue negative impacts or public nuisance activity,have occurred, are occurring, or are likely to occur in the future. The 19 MC-1323 1 assigned Administrative Hearing Officer shall exercise all powers relating to the conduct of the 2 administrative hearing pursuant to San Bernardino Municipal Code Chapter 9.93. 3 Upon the City's receipt of a complaint from the public,Police Department, City official or any other interested person that a Deemed Approved use is in violation of the performance standards set 4 forth in this Article, the following procedure shall be followed: 5 (A) A City Enforcement Officer shall assess the nature of the complaint and its validity by 6 conducting an on-site observation and inspection of the premises to assess the activity's compliance with performance standards. 7 8 (B) If the Enforcement Officer determines that the Deemed Approved activity is in violation of the performance standards,the Enforcement Officer may issue an Administrative Citation or an 9 Administrative Civil Penalties Notice,which then may be subject to a hearing by the Administrative Hearing Officer pursuant to San Bernardino Municipal Code Chapters 9.92 or 9.93. 10 11 (C) The Administrative Hearing Officer shall determine whether the Deemed Approved activity is in compliance with the performance standards. Based on this determination,the Hearing Officer may 12 continue the Deemed Approved status for the use in question,may impose Administrative Civil Penalties for violations of the performance standards pursuant to San Bernardino Municipal Code 13 Chapter 9.93,may impose such reasonable conditions as are in the judgment of the Hearing Officer 4 necessary to ensure compliance with the performance standards and may suspend or revoke the Deemed Approved activity's Deemed Approved status. If the Hearing Officer determines instead to impose 15 further,new conditions on the Deemed Approved activity, such conditions shall be based upon the information then before the Hearing Officer. In reaching a determination as to whether a use has 16 violated the performance standards, or as to the appropriateness of imposing additional or amended 17 conditions on a use, suspending or revoking a use, assessing Administrative Civil Penalties, or the amount of Administrative Civil Penalties to assess, the Hearing Officer may consider: 18 19 1. The length of time the Deemed Approved activity has been out of compliance with the performance standards. 20 2.The impact of the violation of the performance standard(s)on the community. 21 22 3.Any information regarding the owner of the Deemed Approved activity's efforts to remedy the violation of the performance standard(s). 23 (D)"Efforts to Remedy" shall include,but are not limited to: 24 25 1. Timely calls to the Police Department that are placed by the owner of the Deemed Approved activity, his or her employees, or agents. 26 2. Requesting that those persons engaging in activities causing violations of the 27 performance standard(s) cease those activities, unless the owner of the Deemed Approved activity, or his 28 or her employees or agents feels that their personal safety would be threatened in making that request. 20 HC-1323 1 3. Making improvements to the Deemed Approved activity's property or operations, 2 including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line,the installation of security cameras, clear unobstructed windows, clean sidewalks and 3 graffiti abated within three days. 4 (E) If in the judgment of the Administrative Hearing Officer, the operations of the owner of the 5 deemed Approved activity constitute a nuisance,the owner is unable to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood,the 6 Hearing Officer may suspend or revoke the activity's Deemed Approved status. Any continued operation of the business shall require a Conditional Use Permit approved by the Planning Commission. 7 All determinations, decisions, and conditions made or imposed regarding the use of a Deemed Approved a activity shall ran with the land. 9 (F) The decision of the Administrative Hearing Officer shall become final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Once the decision of the 10 Administrative Hearing Officer becomes final as provided in this Chapter,the time in which judicial I review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094.6, or other applicable State Law. 12 ARTICLE IV-ALCOHOLIC BEVERAGE SALES ACTIVITY FEES AND PENALTIES 13 14 SECTION I—ANNUAL PERMIT FEES 15 (A.)The Mayor and Common 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 t6 provisions of this ordinance, including any new or modified establishment or deemed approved 17 establishment issued a permit pursuant to this ordinance. The annual use permit fee shall be assessed for each alcoholic beverage establishment on a sliding scale based on: 1s 19 (1) The hours of operation that alcohol is sold at the establishment. 20 (2)The volume of alcohol sales at the establishment. 21 (3)The number of police calls for service at the establishment. 22 (4)The estimated annual costs of the police services necessary to monitor and enforce the 23 operational standards and other use permit conditions and requirements for all establishments within that license category. 24 25 (5)The estimated staff costs to bill and collect the annual permit fee. 26 (B) 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 ordinance 27 including Deemed Approved establishments shall be billed by the City Clerk's Office on or before the 28 1st day of January of each year. The fee is due and payable immediately upon receipt, and will be delinquent if not paid within 30 days of the bill's mailing. 21 MC-1323 1 (C) Establishment of Alcohol Permit Fee Account: 2 (1) The City shall establish an "Alcohol Permit Fee Account' for the collection of the fees 3 described in this ordinance. 4 (2) Funds from the "Alcohol Permit Fee Account' shall be used only to recover the cost of the 5 services including education, inspections, enforcement operations and administrative hearings,related to the monitoring and enforcement of the performance standards, conditions of operation and regulations 6 established for licensed alcohol establishments in this ordinance. 7 (D) Report of ex enditure of fees to be collected: s (1)Not later than the last meeting of October in each calendar year,the Administrative Hearing 9 Officer shall submit to the Mayor and Common Council a report on the expenditures of the total of annual alcohol permit fees collected. 10 11 (2) The report shall set forth such matters as: 12 a. The prioritization of problems regarding enforcement of the performance standards, conditions and regulations as set forth in this ordinance related to the operation of 13 licensed alcohol establishments in the City. 14 b. Methods of mitigating such problems, through prevention, education and enforcement 15 of the performance standards, conditions andregulations. 16 c. The specific allocation of the fees to be collected to activities described in the report. 17 SECTION II—PENALTIES is 19 (A) Any person who violates, causes or permits another person to violate any provision of this ordinance is guilty of either an infraction or misdemeanor. Any person convicted of either an infraction 20 or misdemeanor under the provision of this ordinance shall be punished by a fine,imprisonment or both according to Chapter 1.12 of the San Bernardino Municipal Code. 21 22 (B) Seoarate Offenses for Each Dav: Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is 23 committed, continued,permitted, or caused by such violator and shall be punishable accordingly. 24 (C) Any Violation a Public Nuisance: In addition to the penalties provided in this section, any 25 use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the City. 26 (D) Iniunction as Additional Remedy Any violation of any provision of these regulations shall 27 be and is declared to be contrary to the public interest and shall at the discretion of the City, create a 28 cause of action for injunctive relief. 22 HC-1323 1 (E) Administrative Civil Penalties: h1 addition to any other penalties provided in this section, 2 $1,000.00 in Administrative Civil Penalties shall be imposed for each and every offense and for each and every day during any portion of which any violation of any provision of these regulations is 3 committed, continued,permitted,or caused by such violator: 4 (F) The City shall bill all persons liable for these Administrative Civil Penalties by mail showing 5 the itemized cost of such chargeable service and requesting payment. Payment of the penalties shall be due within thirty 30 days of the date of the bill is deposited in the Mail. If full payment is not received 6 within the required time for payment the bill will be delinquent and all persons liable for the penalties shall be charged interest at the maximum legal rate from the date the payment period expires and a 7 further civil penalty in the amount of$100.00 per day. The delinquent costs may be placed as a lien 8 against the property or collected by the City in any manner authorized bylaw and are recoverable in a civil action filed by the City in a court of competent jurisdiction. 9 (G) Liability for Expenses: In addition to the punishment provided by law a violator is liable for 10 such costs expenses and disbursements paid or incurred by the City or any of its contractors 11 in correction abatement and prosecution of the violation.Re-inspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of 12 the establishment conducting the Deemed Approved Activity or owner of the property where the establishment is located. The Enforcement Officer shall give the owner or other 13 responsible party of such affected premises a written notice showing the itemized cost of 14 such chargeable service and requesting payment thereof. Should the bill not be paid in the required time,the charges shall be placed as a lien against the property. 15 SECTION 2. This Ordinance is based upon the recitals and findings set forth above, and the 16 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 17 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, and Sections 31,40(z), and 121 of the Charter of the City of San Bernardino. 18 SECTION 3. Pursuant to Section 31 and 121 of the Charter of the City of San Bernardino, this 19 Ordinance shall take effect immediately. 20 SECTION 4. Compliance with the California Environmental Quality Act. The Mayor and Common 21 Council finds that this Ordinance is not subject to the California Environmental Quality Act(CEQA) 22 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 23 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. 24 25 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 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. 23 MC-1323 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN 2 BERNARDINO MUNICIPAL CODE SECTION 19.06.030(2)(B)(DEVELOPMENT CODE) REQUIRING A CONDITIONAL USE PERMIT FOR NEW ALCOHOLIC BEVERAGE SALES 3 ACTIVITIES AND ESTABLISHING AUTOMATIC DEEMED APPROVED STATUS FOR LEGAL NONCONFORMING ACTIVITIES,DECLARING THE URGENCY THEREOF AND TAKING 4 EFFECT IMMEDIATELY. 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council 6 of the City of San Bernardino at a in int regular meeting thereof,held on the 3rd day of May ,2010,by the following vote,to wit: 7 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ z 10 DESJARDINS a n BRINKER a 12 13 SHORETT la KELLEY x 15 JOHNSON a 16 MC CAMMACK a 17 18 h. CtaA-/C 19 Rachel Clark,City Clerk 20 The foregoing Ordinance is hereby approved this q4 - day of May , 2010. 21 22 Mof . ORRIS, 4LJ 23 emardino 24 25 Approved as to form: 26 JAMES F. PENMAN City Attorney 27 28 �a I ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN 3 BERNARDINO MUNICIPAL CODE SECTION 19.06.030(2)(B) (DEVELOPMENT CODE) REQUIRING A CONDITIONAL USE PERMIT FOR NEW ALCOHOLIC BEVERAGE SALES 4 ACTIVITIES AND ESTABLISHING AUTOMATIC DEEMED APPROVED STATUS FOR LEGAL NONCONFORMING ACTIVITIES. 5 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 7 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 s restrictions and limitations provided in the Charter or by State law; and 9 WHEREAS,research shows that areas with greater densities of on-site and off-site alcohol 10 outlets also generally have higher rates of motor vehicle crashes, alcohol-related hospital admissions, pedestrian injury collisions, self-reported injury and drinking and driving among both young people and I1 adults; and 12 WHEREAS,the relationship between alcohol outlet density and violent crime has been well 13 documented; communities with 100 or more alcohol outlets and a population of 50,000 or more can expect an annual increase of 2.5 violent crimes each year for every alcohol outlet added in the area; and 14 WHEREAS, drunk driving arrests often take place at night, as bars are closing and highways 5 become crowded with patrons who have been drinking; and 16 WHEREAS, studies indicate the rate of alcohol-related crashes can be reduced by responsible 17 beverage service training programs,but the level of risk still is high when outlet density exceeds the 18 acceptable levels of saturation; and 19 WHEREAS, nuisance and criminal activities such as drug dealing,public drunkenness, loitering and other behaviors that negatively impact neighborhoods occur with disproportionate frequency at and 20 around the premises of on-site and off-site sale alcohol uses; and 21 WHEREAS,neighborhood character can change over time and the careful regulation of 22 nuisance activity by on-site and off-site alcohol uses will help to ensure that such uses do not contribute to the deterioration of neighborhoods; and 23 24 WHEREAS, the citizens of the City of San Bernardino have complained to the San Bernardino Police Department about said nuisance and criminal activities; and 25 WHEREAS,there are many establishments in the City of San Bernardino selling alcoholic 26 beverages that do not conform with the Development Code and, as a result, these establishments 27 generate a disproportionate amount of public nuisance service calls for service for the San Bernardino Police Department; and 2s o�� I WHEREAS, California law does not preempt local land use and zoning regulations with regard 2 to the sale of alcoholic beverages and the authority to regulate nuisance conditions created by state- licensed alcoholic beverage retailers derives from the City's Charter and general law police powers. 3 WHEREAS,the City of San Bernardino recognizes its responsibility to enforce the law and the 4 need for a partnership with alcoholic beverage sale establishments and the community to address illegal 5 activities in proximity to an alcoholic beverage sales establishment. 6 WHEREAS,the City wishes to require each new owner or new licensee of an alcoholic beverage sale establishment to secure a conditional use permit to lawfully engage in the sale of alcoholic 7 beverages within the City; and s WHEREAS,the conditional use permit will require the business owner to comply with 9 operational standards and training requirements as conditions of the conditional use permit; and 10 WHEREAS, the City wishes to designate each lawfully established and existing alcoholic 11 beverage sale business to be"deemed approved"to lawfully engage in the sale of alcoholic beverages and be required to comply with operational standards as conditions to its deemed approved status; and 12 WHEREAS,the California Court of Appeals in City of Oakland, et al. v. Superior Court, et al., 13 45 Cal.App.4 6 740 (1996) held that a similar"deemed approved"ordinance was not preempted by state 14 laws regulating the sale of alcoholic beverages because the ordinance merely created an administrative mechanism for enforcing nuisance and criminal laws that were applicable to all alcoholic beverage 15 establishments, even those in operation before the ordinance's effective date; and 16 WHEREAS,the Mayor and Common Council,by adopting this ordinance,have no intention to 17 regulate the sale of alcoholic beverages,but merely a desire to create an administrative mechanism applicable to all alcoholic beverage establishments,to address the nuisance and criminal activities 18 described above; and 19 WHEREAS, an annual use permit fee will be imposed on all alcoholic beverage sale 20 establishments in order to provide the revenue necessary to fund the costs incurred by the City to monitor compliance and enforce the conditions of the conditional use permit and implement programs 21 that promote responsible policies and practices of businesses engaged in the sale of alcoholic beverages; 22 and 23 WHEREAS, the annual use permit will establish standards of operation for licensed alcoholic beverage sale establishments in order to promote successful business practices compatible with healthy 24 economic growth, community safety, and quality of life of San Bernardino residents; 25 NOW,THEREFORE,THE MAYOR ANDCOMMON COUNCIL OF THE CITY OF SAN 26 BERNARDINO DO ORDAIN AS FOLLOWS: 27 SECTION 1. San Bernardino Municipal Code Section 19.06.030(2)(B) (Development Code) is 28 amended to read as follows: 2 19.06.030(2)(B) i 2 ARTICLE I—GENERAL 3 SECTION I—TITLE AND PURPOSE 4 5 A. Title: 6 (1)This ordinance shall be known as the Conditional Use Permit -Deemed Approved Alcoholic Beverage Sales Regulations Ordinance. 7 8 (2)This ordinance requires land use permits for newly established alcoholic beverage sales activities, confers deemed approved status for existing alcoholic beverage sales activities and provides 9 standards and an administrative hearing process to review violations of those standards in order to protect the general health, safety, and welfare of the residents of the City of San Bernardino and to 10 prevent nuisance activities where alcoholic beverage sales occur. I B. Purpose: 12 (1)To protect residential, commercial,industrial and civic areas and minimize the adverse 13 impacts of nonconforming and incompatible uses; and 14 (2) To provide opportunities for alcoholic beverage sales establishments to operate in a mutually 15 beneficial relationship to each other and to other commercial and civic services; and 16 (3) To provide mechanisms to address problems associated with the public consumption of 17 alcoholic beverages such as litter, loitering, graffiti, unruly behavior and escalated noise levels; and 18 (4) To provide that alcoholic beverage sales establishments are not the source of undue public 19 nuisances in the community; and 20 (5) To provide for properly maintained alcoholic beverage sales establishments so that the negative impacts generated by these activities are not harmful to the surrounding environment in any 21 way, and 22 (6) To monitor Deemed Approved establishments to ensure they do not substantially change in 23 mode or character of operation. 24 SECTION II—DEFINITIONS 25 The meaning and construction of these words and phrases, as set forth below, shall apply 26 throughout, except where the context clearly indicates a different meaning or construction. 27 (A) "Administrator"means the Administrative Hearing Officer as identified in Section III. 28 3 I (B) "Alcoholic Beverage"means alcohol, spirits, liquor, wine,beer, and any liquid or solid 2 containing alcohol, spirits, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other 3 substances,the sale of which requires a ABC license. 4 (C)"Alcoholic Beverage Sales Activity"means the retail sale of alcoholic beverages for onsite 5 or offsite consumption. 6 (D) "Alcoholic Beverage Sales Establishment" means an establishment where an alcoholic beverage sales activity occurs. Alcoholic beverage sales establishments include but are not limited to the 7 following recognized types of establishments: liquor stores; beer and wine stores; convenience markets; 8 markets; neighborhood specialty food markets; retail sales establishments;wine shops; service stations; taverns; clubs; cocktail lounges,ballrooms, cabarets, dance bars,piano bars; billiard or game parlors, 9 bowling alleys;nightclubs, dance halls; cafes,bars,restaurants with bars; full-service restaurants; and fast food establishments. 10 11 (E)"California Department of Alcoholic Beverage Control'or"ABC"refers to the department of the State of California empowered to act pursuant to Article 20, section 22, of the California 12 Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act. 13 Conditions of Approval"means a requirement that must be carried out b the activity b �) " PP q Y Y Y: 14 (1) a new alcoholic beverage sales activity to exercise a land use permit; or(2) a legal nonconforming alcoholic beverage sales activity to comply with deemed approved performance standards and to retain 15 its deemed approved status. 16 (G)"Deemed Approved Activity"means any Legal Nonconforming alcoholic beverage sales 17 activity, as defined in subsection(J). Such activity shall be considered a Deemed Approved activity as long as it complies with the Deemed Approved Performance Standards set forth in Article III, Section 18 IV. 19 (H) "Deemed Approved Status"means the permitted use of land for a Deemed Approved 20 Activity. Deemed Approved status replaces Legal Nonconforming status with respect to Alcoholic Beverage Sales Commercial Activity and remains in effect as long as it complies with the Deemed 21 Approved provisions and performance standards. 22 (1)"Illegal Activity"means an activity,which has been finally determined to be in 23 noncompliance with the Deemed Approved provisions and performance standards. Such an activity shall za lose its Deemed Approved status and shall no longer be considered a Deemed Approved activity. 25 (J) "Legal Nonconforming Alcoholic Beverage Sales Commercial Activity"or "Legal Nonconforming Activity"means an Alcoholic Beverage Sales Commercial Activity which was a 26 nonconforming use pursuant to San Bernardino Municipal Code(Development Code) Chapter 19.62, and for which a valid state of California Alcoholic Beverage Control license had been issued and used in 27 the exercise of the rights and privileges conferred by the license at a time immediately prior to the 28 effective date of the Deemed Approved Alcoholic Beverage Sale Regulations Ordinance. Such an I 4 1 I activity shall be considered a Deemed Approved Activity and shall no longer be considered a Legal 2 Nonconforming Activity. 3 (K) "Off-Sale Alcohol Outlet'means an establishment that conducts retail sales of Alcoholic Beverages for consumption off the premises where sold. 4 5 (L)"On-Sale Alcohol Outlet'means an establishment that conducts retail sales of Alcoholic Beverages for consumption on the premises where sold. 6 (M) "Operational Standards"means regulations for the business practice activities and land use 7 for locations with a Conditional Use Permit or those further requirements imposed to achieve these 8 goals. Operational Standards constitute requirements which must be complied with by an establishment in order to maintain its Conditional Use Permit. 9 (N) "Performance Standards"means regulations for the business practice activities and land use 10 for locations with Deemed Approved status or those further requirements imposed to achieve these 11 goals. Performance Standards constitute requirements which must be complied with by an establishment in order to retain its Deemed Approved status. 12 13 (0)"Permit means a Conditional Use Permit issued pursuant to this ordinance. 14 (P) "Permittee"means the individual or entity that owns an alcoholic beverage sale establishment and to whom a Conditional Use Permit to operate an alcoholic beverage sale 15 establishment has been issued by the City of San Bernardino. 16 (Q) "Premises"means the actual space within a building devoted to alcoholic beverage sales. 17 SECTION III—ADMINISTRATIVE HEARING OFFICER 18 19 The"Administrative Hearing Officer" shall have the same appointment and qualifications as that designated in San Bernardino Municipal Code Chapter 9.93, Administrative Civil Penalties; and 20 shall conduct public hearings and make recommendations intended to encourage and achieve the compliance of particular alcoholic beverage sale establishments with the provisions of this Ordinance. 21 This section is not intended to restrict the powers and duties otherwise pertaining to other City officers 22 or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage sale activities in the City. The Administrative Hearing Officers shall have the powers and duties assigned to them by the 23 Development Code, and other San Bernardino Municipal Code ordinances. 24 SECTION IV-INSPECTION AND RIGHT OF ENTRY zs The sale of alcoholic beverages is a closely regulated industry. The officials responsible for 26 enforcement of the City Municipal Code or other provisions of the Development Code or their duly authorized representatives may enter on any site or into any structure open to the public for the purpose 27 of investigation provided they shall do so in a reasonable manner whenever they have cause to suspect a 28 violation of any provision of this ordinance or whenever necessary to the investigation of violations to the Conditions of Approval or Deemed Approved performance standards prescribed in these regulations. 5 I If an owner, occupant or agent refuses permission to enter, inspect or investigate,premises which are not 2 open to the public, the officials or their representatives may seek an inspection warrant under the provisions of California Code of Civil Procedure section 1822.50 et. seq. All such inspections shall be 3 conducted in compliance with the Fourth Amendment to the United States Constitution. 4 SECTION V-SEVERABILITY 5 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 Mayor 6 and Common Council hereby declare 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 7 sections subsections, sentences, clauses or phrases may be declared invalid. 8 ARTICLE II—CONDITIONAL USE PERMITS FOR NEW ALCOHOLIC BEVERAGE SALES 9 ACTIVITIES to SECTION I—PURPOSE I The general purposes of these regulations are to protect and promote the public health, safety, 12 comfort, convenience, prosperity and general welfare by requiring consideration and approval of a Conditional Use Permit before a new alcoholic beverage sales activity will be permitted in any land use 13 zoning district of the City and by requiring all new alcoholic beverage sales activities to comply with the 14 operational standards in this ordinance and to achieve the following objectives: 15 (A) Protect surrounding neighborhoods from the harmful effects attributable to the sale of 16 alcoholic beverages and to minimize the adverse impacts of nonconforming and incompatible uses. 17 (B)Encourage businesses selling alcoholic beverages to operate in a manner that is mutually beneficial to other such businesses and other commercial and civic activities. 18 19 (C)Provide a mechanism to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti,unruly behavior and escalated noise levels. 20 (D) Ensure that businesses selling alcoholic beverages are not the source of undue public 21 nuisances in the community. 22 (E)Ensure that sites where alcoholic beverages are sold are properly maintained so that negative 23 impacts generated by these activities are not harmful to the surrounding environment in any way. 24 This Article alone does not allow or permit alcoholic beverage sales activities,but only applies to 25 these activities where otherwise allowed or permitted within an involved applicable land use zoning district. This Article does not authorize alcoholic beverage sales activities in any land use district where 26 they are not otherwise allowed or permitted by the applicable involved zoning district's regulations. 27 The provisions of this ordinance are intended to compliment the State of California alcohol- 28 related laws. The city does not intend to replace or usurp any powers vested in the California Department of Alcoholic Beverage Control. 6 I SECTION II—REQUIREMENT 2 Notwithstanding any other provisions of this Code,no new on-site or off-site alcoholic beverage 3 sales activity may be established unless a Conditional Use Permit is first obtained in accordance with the requirements of this Article. 4 5 SECTION III— LOCATIONAL RESTRICTIONS 6 A new alcoholic beverage sales activity is not permitted in any of the following locations: 7 (A)Within 500 feet of an existing alcoholic beverage sales activity. s (B) Within 500 feet of any of the following: 9 1. A public or private accredited school 10 11 2. A public park,playground or recreational area 12 3. A nonprofit youth facility 13 4. A place of worship or religious institution 14 5. A hospital 15 16 6. An alcohol or other drug abuse recovery or treatment facility 17 7. A county social service office. 18 (C) Within a crime reporting district,or within 500 feet of a crime reporting district,where the 19 general crime rate exceeds the city-wide general crime rate by more than 20 percent. 20 (D) A location where the new alcoholic beverage sales activity would lead to the grouping of more than four alcoholic beverage sales activities within a 1,000 foot radius from the new alcoholic 21 beverage sales activity. 22 (E) Establishments containing 15,000 square feet or more which do not sell alcoholic beverages 23 as the principal business are exempt from these locational restrictions. 24 (F) Sit-down restaurants whose predominant function is the service of food and where the on- 25 site sale of alcoholic beverages is incidental or secondary are exempt from these locational restrictions. An incidental bar or lounge shall be allowed for the convenience of dining 26 patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area as 27 a principal or independent activity are not included in this exemption.) 28 7 i SECTION IV—OPERATIONAL STANDARDS 2 All new alcoholic beverage sales activities shall be designed, constructed, and operated to 3 conform to all of the following operational standards: 4 (A) That it does not result in adverse effects to the health,peace or safety of persons residing or 5 working in the surrounding area. 6 (B)That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area. 7 8 (C)That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, 9 public drunkenness, drinking in public,harassment of passersby, gambling,prostitution, sale of stolen goods,public urination, theft, assaults,batteries, acts of vandalism, excessive littering, loitering, graffiti, 10 illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic 11 violations, curfew violations, lewd conduct, or police detentions and arrests. 12 (D)That it complies with all provisions of local, state or federal laws,regulations or orders, including but not limited to those of the California Department of Alcoholic Beverage Control("ABC"), 13 California Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any condition 14 imposed on any permits issued pursuant to applicable laws,regulations or orders. This includes compliance with annual City business registration fees and annual use permit fees. 15 (E)That its upkeep and operating characteristics are compatible with, and will not adversely 16 affect the livability or appropriate development of abutting properties and the surrounding 17 neighborhood. is (F) That the owners and all employees of the alcohol beverage sales establishment who are involved in the sale of alcoholic beverages complete an approved course in "Responsible Beverage 9 Sales" (RBS)within sixty(60) days of hire for employees hired after the passage of this ordinance or 20 within 6 months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible 21 Beverage Service(CCC/RBS)or other certifying/licensing body designated by the State of California. 22 (G) That all alcohol beverage sales activities pay an annual fee in order to defray the expense to 23 the City for the Outreach and Education Program and Monitoring and Enforcement Activities. 24 (H) A copy of these operational standards, any applicable ABC or City operating conditions, and 25 any training requirements shall be posted 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 26 establishment. 27 SECTION V—ADMINISTRATION 28 The San Bernardino City Planning Commission shall administer Conditional Use Permits. 8 I SECTION VI—PERMIT APPLICATION 2 Any person, association,partnership, corporation or other entity desiring to obtain an alcoholic 3 beverage sales activity Conditional Use Permit shall file an application with the City of San Bernardino Development Services Department to forward to the San Bernardino City Planning Commission on a 4 form provided by the City. The application shall be accompanied by a nonrefundable application s processing fee in an amount established by a resolution of the Mayor and Common Council. 6 The application for a Conditional Use Permit shall contain the following information: 7 (A)The name, address and telephone number of the applicant. If the applicant is a corporation, 8 the applicant shall set forth the name of the corporation exactly as shown in its articles of incorporation. The applicant corporation or partnership shall designate one of its officers or general partners to act as 9 its responsible management officer. 10 (B)The name, address, and telephone number of each lender or share holder with a five percent 11 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. 12 (C)The name, address, and telephone number of the person who shall manage and operate the 13 establishment for which the permit is requested. 14 (D) The name, address, and telephone number of all existing schools,parks, playgrounds or 15 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 16 beverage sales activity establishment. 17 (E) The name, address, and telephone number of all alcoholic beverage sale activities within 500 18 feet of the proposed alcoholic beverage sales activity establishment and within a 1000 foot radius from 19 the proposed alcoholic beverage sales activity establishment. 20 (F) The name, address, and telephone number of a person authorized to accept service of legal notices. 21 22 (G) The proposed business name of the alcoholic beverage sales activity establishment and description of all operating aspects of the proposed business. 23 (H) The type of ABC license the applicant is seeking for the alcoholic beverage sales activity 24 establishment. 25 (I) Street address of the proposed alcoholic beverage sales activity establishment and the assessor 26 parcel number for the property. 27 (J) A plot plan for the property depicting the location of the building housing the alcoholic 28 beverage sales activity establishment on the property and all existing and proposed parking, exterior lighting, signage, and landscaping, trash enclosures, waiting or queuing areas. 9 I (K)Any other information reasonably necessary to accomplish the purposes of this ordinance. 2 (L)The Planning Commission may refer the application to other City departments to determine 3 whether the premises where the alcoholic beverage sales activity establishment will be located, complies with the City's building, health, zoning and fire ordinances or other applicable ordinances or laws. City a departments may conduct an inspection of the premises to determine compliance with the ordinances 5 and other laws they administer. City departments may prepare reports summarizing their inspections and recommending whether to approve or deny the application based on their inspections. 6 SECTION VII—ACTION ON PERMIT APPLICATION 7 8 The Planning Commission shall approve issuance of the Conditional Use Permit to allow a new alcoholic beverage sales activity upon making the following findings: 9 (A) The proposed alcoholic beverage sales activity establishment is located in a zoning district in 10 which the establishment is a permitted use. tt (B)A finding of"public convenience and necessity" (Business and Professions Code Section 12 23958.4(b)(2)),if the activity will be located in an area that has been determined by the state of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as 13 defined in Business and Professions Code Section 23958.4(a). � 14 (C) A finding that the alcoholic beverage sales activity will not aggravate existing problems in 15 the neighborhood created by the sale of alcohol such as loitering, public drunkenness, alcoholic 16 beverage sales to minors,noise and littering. 17 (D) The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools,parks,playgrounds or 18 recreational areas,nonprofit youth facilities,places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverages sales activity r9 establishments. 20 (E) The proposed establishment will otherwise be compatible with existing and potential uses within the general area. 21 22 (F)The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur. 23 SECTION VIII—CONDITIONS OF APPROVAL 24 25 Conditions of Approval that shall be imposed include but are not limited to the following: 26 (A) Prohibited Products: To discourage nuisance activities, an Off-Sale Alcohol Outlet shall be prohibited from selling one or more of the following products: 27 28 (1) Wine or distilled spirits in containers of less than 750 milliliters. 10 1 (2)Malt beverage products with alcohol content greater than five and one-half percent by 2 volume. 3 (3) Wine with an alcoholic content greater than 14 percent by volume unless in corked bottles and aged at least two years. 4 5 (4) Beer or malt liquor sold individually in containers of 40 ounces or less. 6 (5) Containers of beer or malt liquor not in their original factory packages of six-packs or greater. 7 8 (6)Distilled spirits in bottles or containers smaller than 375 milliliters. 9 (7)Cooler products, either wine- or malt beverage-based,in less than four-pack quantities. 10 (B) Soundwalls: If the Deemed Approved Activity abuts residential areas a soundwall may be I required between the establishment conducting the Deemed Approved Activity and the abutting residential areas. The soundwall must comply with all state and local requirements for construction and 12 location and must not obstruct the view of the building and parking areas from the street. Vegetation 13 may be required to be planted along the soundwall to improve the appearance of the soundwall. 14 (C) Trash Receptacles: Permanent,non-flammable trash receptacles may be required to be located at convenient locations appropriately screened from view outside the establishment and in the 15 establishment parking area(if any). The operators of the business may be required to remove on a daily basis,or more frequently if needed to maintain a litter free environment, all trash from these receptacles 16 and from the sidewalk adjacent to the establishment. The operators of the business also maybe required 17 to remove at least three times per week all trash originating from its establishment deposited on public property within 250 feet of any boundary of its premises. Is 19 (D) Pay Telephones: Pay telephones on the site of the establishment may either be(i)prohibited; or(ii)required to be of the type that only allow outgoing calls and be located in a visible and well- 20 lighted location. 21 (E) Program: A `complaint response community relations"program established and maintained 22 by the establishment conducting the Deemed Approved Activity may be required. The program may include the following: 23 (1)Posting at the entry of the establishment providing the telephone number for the area 24 commander of the local law enforcement substation to any requesting individual. 25 (2)Coordinating efforts with the police department to monitor community complaints about the 26 establishment activities. 27 (3)Having a representative of the establishment meet with neighbors or the applicable 28 neighborhood association on a regular basis and at their request attempt to resolve any neighborhood complaints regarding the establishment. n 1 2 (F)Activities: If appropriate the following activities may be prohibited on the premises: pool or billiard tables football or pinball games, arcade style video or electronic games coin-operated 3 amusement devices. 4 (G) Chilled Alcoholic Beverages: An Off-Sale Alcohol Outlet may be prohibited from 5 maintaining refrigerated or otherwise chilled alcoholic beverages on the premises. 6 (H) Hours of Operation: In an Off-Sale Alcohol Outlet,the sale of alcoholic beverages may be restricted to certain hours of each day of the week unless limited further by the State of California 7 Department of Alcoholic Beverage Control. s I Cups: In Off-Sale Outlets,the sale or distribution to the customer of paper or plastic cups in 9 quantities less than their usual and customary packaging may be prohibited. 10 J Signs: The following signs shall be required to be prominently pasted in a readily visible I manner in English, Spanish and the predominant language of the patrons: 12 (1) "California State Law prohibits the sale of alcoholic beverages to 13 persons under 21 years of age." 14 (2) "No Loitering or Public Drinking." 15 (3) "It is illegal to possess an open container of alcohol in the vicinity of this establishment." 16 (K) Presentation of Documents: A copy of the Conditions of Approval and the 17 California Department of Alcoholic Beverage Control license shall be required to be kept on the premises and presented to any law enforcement officer or authorized state or county official upon 18 request. 19 (L) Mitigating Alcohol Related Problems: The establishment shall be required to operate in a 20 manner appropriate with mitigating alcohol related problems that negatively impact those individuals living or working in the neighborhood including but not limited to sales to minors,the congregation of 21 individuals, violence on or near the premises, drunkenness,public urination, solicitation, drug-dealing, 22 drug use, loud noise and litter. 23 (M) Drug Paraphernalia: An Off-Sale Alcohol Outlet shall be prohibited from selling drug/tobacco paraphernalia products as defined in Health and Safety Code sections 24 11014.5 and 11364.5. "Drug Paraphernalia"means all equipment products and materials of any kind 25 that are used intended for use or designed for use in planting, propagating, cultivating, growing, harvesting,manufacturing,compounding, converting,producing,processing,preparing,testing, 26 analyzing,packaging,repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform 27 Controlled Substances Act commencing with California Health and Safety Code section 11000. 2s 12 I (N) Loitering: The establishment's operators or employees shall be required to discourage 2 loiterers and to ask persons loitering longer than fifteen minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested 3 to leave fail to do so. a (0) Security Cameras: At least two 24-hour time lapse security cameras may be required to be 5 installed and properly maintained on the exterior of the building at locations recommended by the Police Department. All criminal and suspicious activities recorded on this surveillance equipment must be 6 reported to local law enforcement. To the extent allowed by law, the establishment operators may be required to provide any tapes or other recording media from the security cameras to the Police 7 Department. s (P) Security Guards: An establishment may be required to retain a specified number of security 9 guards. The number of security guards shall vary based upon the specific facts and circumstances of each establishment site and operation. All security guards shall have all required state and City permits 10 and licenses. 11 (4) Prohibited Vegetation: No exterior vegetation may be planted or maintained that could be 12 used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in a manner that minimizes its use as a hiding place. 13 14 SECTION IX—APPEALS FROM A DETERMINATION ON AN APPLICATION FOR PERMIT 15 Any applicant or other person aggrieved by a decision of the Planning Commission on an 16 application for a Conditional Use Permit required by this Article may appeal the decision to the Mayor 17 and Common Council pursuant to Development Code Chapter 19.52. SECTION X—GROUNDS FOR CONDITIONAL USE PERMIT SUSPENSION OR 18 REVOCATION 19 An alcoholic beverage sales activity establishment Conditional Use Permit may be suspended by 20 the Planning Commission for up to one year or revoked after a noticed public hearing held pursuant to Development Code Chapter 19.52, for failure to comply with Operational Standards,training 21 requirements or conditions imposed through the Conditional Use Permit. 22 Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore. 23 Notice shall be mailed by U.S. First-Class Mail and Certified Mail Return Receipt Requested at least 10 days before the date of the hearing. za 25 SECTION XI—INVESTIGATIVE PROCEDURES OF POTENTIAL VIOLATION OF CONDITIONS OF APPROVAL 26 The City shall appoint an Administrative Hearing Officer pursuant to San Bernardino Municipal 27 Code Chapter 9.93,to conduct hearings, make findings and determine whether violations of this Article, 28 including the Operational Standards and Conditions of Approval, as well as whether undue negative impacts or public nuisance activities have occurred, are occurring or are likely to occur in the future. 13 I The assigned Administrative Hearing Officer shall exercise all powers relating to the conduct of the 2 administrative hearing pursuant to San Bernardino Municipal Code Chapter 9.93. 3 Upon the City's receipt of a complaint from the public,Police Department, City official or any other interested person that a Conditional Use Permit activity is in violation of the Operational Standards 4 and/or Conditions of Approval set forth in this Article,the following procedure shall be followed: 5 (A)A City Enforcement Officer(any Police Officer or other City Enforcement Officer as listed 6 in San Bernardino Municipal Code Chapter 9.93) shall assess the nature of the complaint and its validity by conducting an on-site observation and inspection of the premises to assess the activity's compliance 7 with Operational Standards and/or Conditions of Approval. s (B) If the Enforcement Officer determines that the activity is in violation of the Operational 9 Standards and/or Conditions of Approval, the Enforcement Officer may issue an Administrative Citation or an Administrative Civil Penalties Notice,which then may be subject to a hearing by the 10 Administrative Hearing Officer pursuant to San Bernardino Municipal Code Chapter 9.92 or 9.93 11 (C) The Administrative Hearing Officer shall determine whether the activity is in compliance 12 with the operational standards and/or Conditions of Approval. Based on this determination,the Hearing Officer may continue the Conditional Use permit status for the use in question,may impose 13 Administrative Civil Penalties pursuant to San Bernardino Municipal Code Chapter 9.93 for violations 14 of the Operational Standards and/or Conditions of Approval or may recommend that the Planning Commission revoke the activity's Conditional Use Permit. If the Hearing Officer determines instead to 1s impose further,new conditions on the activity, such conditions shall be based upon the information then before the Hearing Officer. In reaching a determination as to whether a use has violated the Operational 16 Standards or Conditions of Approval, or as to the appropriateness of imposing additional or amended 17 conditions on a use, recommending suspension or revocation of a use, assessing administrative penalties, or the amount of Administrative Civil Penalties to assess, the Hearing Officer may consider: 1s 19 1. The length of time the activity has been out of compliance with the Operational Standards and/or Conditions of Approval. 20 2. The impact of the violation of the Operational Standards and/or 21 Conditions of Approval on the community. zz 3. Any information regarding the owner of the activity's efforts to remedy 23 the violation of the operational standards and/or Conditions of Approval. 24 (D)"Efforts to Remedy" shall include,but are not limited to: 25 1. Timely calls to the Police Department that are placed by the owner of the Deemed 26 Approved activity, his or her employees, or agents. 27 2. Requesting that those persons engaging in activities causing violations of the 28 Operational Standards and or Conditions of Approval cease those activities, unless the owner of the 14 I activity, or his or her employees or agents feels that their personal safety would be threatened in making Z that request. 3 3. Making improvements to the activity's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line,the 4 installation of security cameras, clear unobstructed windows, clean sidewalks and graffiti abated within 5 three days. 6 (E) If in the judgment of the Administrative Hearing Officer, the operations of the owner of the activity constitute a nuisance,the owner is unable or unwilling to abate the nuisance and the nuisance is 7 shown to be a threat to the public health and safety of the surrounding neighborhood,the Hearing 8 Officer may recommend that the Planning Commission suspend or revoke the activity's Conditional Use permit. All determinations,decisions, and conditions made or imposed regarding the use of a activity 9 shall run with the land. 10 (F) The decision of the Administrative Hearing Officer shall become final and conclusive and 11 shall not be subject to appeal to the Mayor and Common Council. Once the decision of the Administrative Hearing Officer becomes final,the time in which judicial review of the decision must be 12 sought shall be governed by California Code of Civil Procedure Section 1094.6, or other applicable State Law. 13 14 SECTION XII—APPEAL FROM SUSPENSION OR REVOCATION OF CONDITIONAL USE PERMIT 15 Any applicant or other person aggrieved by a decision of the Planning Commission from a I6 suspension or revocation of a Conditional Use Permit may appeal the decision to the Mayor and 17 Common Council. 18 ARTICLE III—STANDARDS AND PROCEDURES FOR EXISTING DEEMED APPROVED 19 ALCOHOLIC BEVERAGE SALES ACTIVITIES ZO SECTION I—PURPOSE 21 The purposes of these regulations are to protect and promote the public health, safety, comfort, zz convenience, prosperity and general welfare by requiring that alcoholic beverage sales activities that are legal nonconforming activities to comply with the Deemed Approved performance standards in this 23 Chapter and to achieve the following objectives: 24 (A)Protect surrounding neighborhoods from the harmful effects attributable to the sale of 25 alcoholic beverages and to minimize the adverse impacts of nonconforming and incompatible uses. 26 (B) Encourage businesses selling alcoholic beverages to operate in a manner that is mutually beneficial to other such businesses and other commercial and civic activities. 27 zs (C)Provide a mechanism to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels. 15 1 2 (D)Ensure that businesses selling alcoholic beverages are not the source of undue public nuisances in the community. 3 (E) Ensure that sites where alcoholic beverages are sold are properly maintained so that negative 4 impacts generated by these activities are not harmful to the surrounding environment in any way. 5 SECTION II—APPLICABILITY 6 The Deemed Approved alcoholic beverage sales regulations shall apply to all alcoholic beverage 7 sales activities for on-site or off-site consumption existing and operating within the City on the effective 8 date of this ordinance. 9 SECTION III—AUTOMATIC DEEMED APPROVED STATUS 10 All Alcoholic Beverage Sales Commercial Activities that were Legal Nonconforming Activities, 11 on the effective date of this ordinance,whether or not previously granted a Conditional Use Permit by the City, shall automatically become Deemed Approved Activities as of the effective date of this 12 ordinance and shall no longer be considered Legal Nonconforming Activities. 13 Each deemed approved activity shall retain its Deemed Approved status as long as it complies 14 with the performance standards of this ordinance. 15 The occurrence of any of the following shall terminate the Deemed Approved status of the alcoholic beverage sales activity and require the issuance of a Conditional Use Permit in order to 16 continue the alcoholic beverage sales activity: 17 (A)An existing alcoholic beverage sales activity changes its activity so that ABC requires a 18 different type of license. 19 (B)There is a substantial modification to the mode or character of operation. 20 (C)As used herein, the phrase"substantial change of mode or character of operation" includes 21 but is not be limited to the following: 22 1. The off-site alcoholic beverage sales activity establishment increases the floor or land 23 area or shelf space devoted to the display or sales of any alcoholic beverage. 24 2. The on-site alcoholic beverage sales activity establishment increases the floor or land 25 area or shelf space devoted to the display, sales or service of any alcoholic beverage. 26 3. The off-site or on-site alcoholic beverage sales activity establishment expands the sale or service of any alcoholic beverages and/or increases the number of customer seats primarily devoted to 27 the sale or service of any alcoholic beverages. 2s 16 1 4. The off-site or on-site alcoholic beverage sales activity establishment extends the hours 2 of operation. 3 5. The alcoholic beverage sales activity establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period greater than 30 days by ABC. 4 s 6. The alcoholic beverage sales activity voluntarily discontinues active operation for more than 90 consecutive days or ceases to be licensed by the ABC. 6 (D) A substantial change in the mode of character of operation shall not include: 7 B 1. Re-establishment,restoration or repair of an existing alcoholic beverage sales activity on the same premises after the premises have been rendered totally or partially inaccessible by a riot, 9 insurrection,toxic accident or act of God,provided that the re-establishment, restoration or repair does not increase the sales or service of any alcoholic beverage, extend the hours of operation of any 10 establishment or add to the capacity, floor or land area or shelf space devoted to alcoholic beverages of 11 any establishment that sells or serves any alcoholic beverages. 12 2. Temporary closure for not more than ninety days in cases of vacation or illness or for purposes of repair,renovation, or remodeling if that repair, renovation,or remodeling does not change 13 the nature of the premises and does not increase the sales or service of any alcoholic beverage, extend 14 the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages. 15 (E) Discontinuance. Once it is determined by the City that there has been a discontinuance of 16 active operation for 90 consecutive days or a cessation of ABC licensing, it may be resumed only upon 17 the granting of a Conditional Use Permit as provided in Article H. The property owner shall be notified by the City of the termination of the Deemed Approved status and shall be informed of the property 18 owner's right to appeal the City's decision to the Administrative Hearing Officer. 19 SECTION IV—DEEMED APPROVED PERFORMANCE STANDARDS 20 The provisions of this section shall be known as the Deemed Approved performance standards. 21 The purpose of these standards is to control dangerous or objectionable environmental effects of 22 alcoholic beverage sales activities. These standards shall apply to all Deemed Approved alcoholic beverage sales activities that hold Deemed Approved status pursuant to this Article. 23 An alcoholic beverage sales activity("Alcohol Outlet") shall retain its Deemed Approved status 24 only if it conforms to all of the following Deemed Approved performance standards: 25 (A)The Alcohol Outlet shall not cause adverse effects to the health,peace or safety of persons 26 residing or working in the surrounding area. 27 (B) The Alcohol Outlet shall not jeopardize or endanger the public health or safety of persons 28 residing or working in the surrounding area. 17 I (C)The Alcohol Outlet shall not allow repeated nuisance activities within the premises or in 2 close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity,public drunkenness, drinking in public, harassment of passersby, gambling,prostitution, sale of 3 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 4 violations, curfew violations, or lewd conduct. 5 (D) The Alcohol Outlet shall comply with all provisions of local, state or federal laws, 6 regulations or orders, including but not limited to those of the ABC, California Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant 7 to applicable laws, regulations or orders. This includes compliance with annual City business 8 registration fees and annual use permit fees. 9 (E)The Alcohol Outlet's upkeep and operating characteristics shall be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding 10 neighborhood. I (F)All alcohol beverage sales activities shall pay an annual use permit fee in order to defray the 12 expense to the City for the Outreach and Education Program and Monitoring and Enforcement Activities. A copy of these performance standards, any applicable ABC or City operating conditions, 13 and any training requirements shall be posted in at least one prominent place within the interior of the 14 establishment where it will be readily visible and legible to the employees and patrons of the establishment. 15 (G) The owners and all employees of the alcohol beverage sales establishment involved in the 16 sale of alcoholic beverages shall complete an approved course in "Responsible Beverage Sales" (RBS) 1-7 within 60 days of hire for employees hired after the passage of this ordinance or within six months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must 18 meet the standards of the California Coordinating Council on Responsible Beverage Service(CCC/RBS) 19 or other certifying/licensing body designated by the State of California. 20 (H) To discourage nuisance activities, all Off-Sale Alcohol Outlets that hold Deemed Approved Status pursuant to this Article shall be prohibited from selling one or more of the following 21 products: 22 (1) Wine or distilled spirits in containers of less than 750 milliliters. 23 (2)Malt beverage products with alcohol content greater than five and one-half percent by 24 volume. 25 (3) Wine with an alcoholic content greater than 14 percent by volume unless in corked 26 bottles and aged at least two years. 27 (4)Beer or malt liquor sold individually in containers of 40 ounces or less. 2s 18 1 (5) Containers of beer or malt liquor not in their original factory packages of six-packs or 2 greater. 3 (6)Distilled spirits in bottles or containers smaller than 375 milliliters. 4 (7) Cooler products, either wine- or malt beverage-based, in less than four-pack 5 quantities. 6 SECTION V—NOTIFICATION TO OWNERS OF ESTABLISHMENTS CONDUCTING DEEMED APPROVED ACTIVITIES 7 8 The City's Development Services Department shall notify the owner of each Deemed Approved activity, and also, if not the same, any property owner at the address shown on the City's property tax 9 assessment records, of the activity's Deemed Approved status. The notice shall be sent by U.S. First Class Mail and Certified Mail Return Receipt Requested and shall include a copy of the performance 10 standards in this Article with the requirement that they be posted in a conspicuous and unobstructed 11 place visible from the entrance of the establishment for public review. This notice shall also provide that the activity is required to comply with all performance standards,that a review fee is required and that 12 the activity is required to comply with all other aspects of the Deemed Approved regulations. Should the notice be returned,then the notice shall be sent via regular U.S. Mail. Failure of any person to receive 13 notice given pursuant to this Article shall not affect the Deemed Approved status of the activity. 14 SECTION VI-DEEMED APPROVED STATUS PROCEDURES 15 The City shall appoint an Administrative Hearing Officer pursuant to San Bernardino Municipal 16 Code Chapter 9.93 to conduct hearings,make findings and determine whether violations of this Article, 17 including the Deemed Approved performance standards, Conditions of Approval, undue negative impacts or public nuisance activity, have occurred, are occurring, or are likely to occur in the future. The 18 assigned Administrative Hearing Officer shall exercise all powers relating to the conduct of the 19 administrative hearing pursuant to San Bernardino Municipal Code Chapter 9.93. 20 Upon the City's receipt of a complaint from the public,Police Department, City official or any other interested person that a Deemed Approved use is in violation of the performance standards set 21 forth in this Article, the following procedure shall be followed: 22 (A)A City Enforcement Officer shall assess the nature of the complaint and its validity by 23 conducting an on-site observation and inspection of the premises to assess the activity's compliance with performance standards. 24 25 (B) If the Enforcement Officer determines that the Deemed Approved activity is in violation of the performance standards, the Enforcement Officer may issue an Administrative Citation or an 26 Administrative Civil Penalties Notice, which then may be subject to a hearing by the Administrative Hearing Officer pursuant to San Bernardino Municipal Code Chapters 9.92 or 9.93. 27 28 (C)The Administrative Hearing Officer shall determine whether the Deemed Approved activity is in compliance with the performance standards. Based on this determination, the Hearing Officer may 19 I continue the Deemed Approved status for the use in question,may impose Administrative Civil 2 Penalties for violations of the performance standards pursuant to San Bernardino Municipal Code Chapter 9.93,may impose such reasonable conditions as are in the judgment of the Hearing Officer 3 necessary to ensure compliance with the performance standards and may suspend or revoke the Deemed Approved activity's Deemed Approved status. If the Hearing Officer determines instead to impose 4 further,new conditions on the Deemed Approved activity, such conditions shall be based upon the 5 information then before the Hearing Officer. In reaching a determination as to whether a use has violated the performance standards, or as to the appropriateness of imposing additional or amended 6 conditions on a use, suspending or revoking a use, assessing Administrative Civil Penalties, or the amount of Administrative Civil Penalties to assess,the Hearing Officer may consider: 7 s 1. The length of time the Deemed Approved activity has been out of compliance with the performance standards. 9 2. The impact of the violation of the performance standard(s)on the community. 10 11 3. Any information regarding the owner of the Deemed Approved activity's efforts to remedy the violation of the performance standard(s). 12 13 (D)"Efforts to Remedy" shall include,but are not limited to: 14 1. Timely calls to the Police Department that are placed by the owner of the Deemed Approved activity, his or her employees, or agents. 15 2. Requesting that those persons engaging in activities causing violations of the e performance standard(s) cease those activities, unless the owner of the Deemed Approved activity, or his 17 or her employees or agents feels that their personal safety would be threatened in making that request. is 3. Making improvements to the Deemed Approved activity's property or operations, 19 including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks and 20 graffiti abated within three days. 21 E If in the judgment of the Administrative Hearing Officer, the operations of the owner of the 22 deemed Approved activity constitute a nuisance, the owner is unable to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood,the 23 Hearing Officer may suspend or revoke the activity's Deemed Approved status. Any continued operation of the business shall require a Conditional Use Permit approved by the Planning Commission. 24 All determinations, decisions, and conditions made or imposed regarding the use of a Deemed Approved 25 activity shall run with the land. 26 (F) The decision of the Administrative Hearing Officer shall become final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Once the decision of the 27 Administrative Hearing Officer becomes final as provided in this Chapter,the time in which judicial 28 review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094.6, or other applicable State Law. 20 I ARTICLE IV-ALCOHOLIC BEVERAGE SALES ACTIVITY FEES AND PENALTIES 2 SECTION I—ANNUAL PERMIT FEES 3 (A.)The Mayor and Common Council shall establish by resolution an annual use permit fee that 4 shall be imposed on each alcoholic beverage establishment issued a use permit pursuant to the 5 provisions of this ordinance, including any new or modified establishment or deemed approved establishment issued a permit pursuant to this ordinance. The annual use permit fee shall be assessed for 6 each alcoholic beverage establishment on a sliding scale based on: 7 (1) The hours of operation that alcohol is sold at the establishment. s (2) The volume of alcohol sales at the establishment. 9 (3) The number of police calls for service at the establishment. 10 11 (4)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 establishments within that 12 license category. 13 (5)The estimated staff costs to bill and collect the annual permit fee. 14 (B) Billing and Payment: All annual permit fees imposed on an alcoholic beverage 15 establishment operating under a use permit issued in the manner provided for by this ordinance including Deemed Approved establishments shall be billed by the City Clerk's Office on or before the 16 1st day of January of each year. The fee is due and payable immediately upon receipt, and will be 17 delinquent if not paid within 30 days of the bill's mailing. (C) Establishment of Alcohol Permit Fee Account: 1s 19 (1)The City shall establish an "Alcohol Permit Fee Account" for the collection of the fees described in this ordinance. 20 (2) Funds from the "Alcohol Permit Fee Account" shall be used only to recover the cost of the 21 services including education, inspections, enforcement operations and administrative hearings,related to 22 the monitoring and enforcement of the performance standards, conditions of operation and regulations established for licensed alcohol establishments in this ordinance. 23 (D) Report of expenditure of fees to be collected: 24 25 (1)Not later than the last meeting of October in each calendar year, the Administrative Hearing Officer shall submit to the Mayor and Common Council a report on the expenditures of the total of 26 annual alcohol permit fees collected. 27 (2)The report shall set forth such matters as: 28 21 I a. The prioritization of problems regarding enforcement of the performance standards, 2 conditions and regulations as set forth in this ordinance related to the operation of licensed alcohol establishments in the City. 3 b. Methods of mitigating such problems, through prevention, education and enforcement 4 of the performance standards,conditions andregulations. 5 c. The specific allocation of the fees to be collected to activities described in the report. 6 SECTION II—PENALTIES 7 8 (A) Any person who violates, causes or permits another person to violate any provision of this ordinance is guilty of either an infraction or misdemeanor. Any person convicted of either an infraction 9 or misdemeanor under the provision of this ordinance shall be punished by a fine, imprisonment or both according to Chapter 1.12 of the San Bernardino Municipal Code. 10 11 (B) Separate Offenses for Each Day: Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is 12 committed, continued,permitted, or caused by such violator and shall be punishable accordingly. 13 (C) Any Violation a Public Nuisance: In addition to the penalties provided in this section, any 14 use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the City. 15 16 (D) Injunction as Additional Remedy: Any violation of any provision of these regulations shall be and is declared to be contrary to the public interest and shall at the discretion of the City, create a 17 cause of action for injunctive relief. 18 (E) Administrative Civil Penalties: hi addition to any other penalties provided in this section, 19 $1,000.00 in Administrative Civil Penalties shall be imposed for each and every offense and for each and every day during any portion of which any violation of any provision of these regulations is 20 committed, continued,permitted, or caused by such violator: 21 (F) The City shall bill all persons liable for these Administrative Civil Penalties by mail showing 22 the itemized cost of such chargeable service and requesting payment. Payment of the penalties shall be due within thirty 30 days of the date of the bill is deposited in the Mail. If full payment is not received 23 within the required time for payment the bill will be delinquent and all persons liable for the penalties shall be charged interest at the maximum legal rate from the date the payment period expires and a 24 further civil penalty in the amount of$100.00 per day. The delinquent costs may be placed as a lien 25 against the property or collected by the City in any manner authorized bylaw and are recoverable in a civil action filed by the City in a court of competent jurisdiction. 26 (G) Liability for Expenses: In addition to the punishment provided by law a violator is liable for 27 such costs expenses and disbursements paid or incurred by the City or any of its contractors 28 in correction abatement and prosecution of the violation. Re-inspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of 22 I the establishment conducting the Deemed Approved Activity or owner of the property 2 where the establishment is located. The Enforcement Officer shall give the owner or other responsible party of such affected premises a written notice showing the itemized cost of 3 such chargeable service and requesting payment thereof. Should the bill not be paid in the required time,the charges shall be placed as a lien against the property. 4 5 SECTION 2. This Ordinance is based upon the recitals and findings set forth above, and the accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 6 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, and Section 40(z)of the Charter of the City of San Bernardino. 7 8 SECTION 3. 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) 9 pursuant to Sections 15061(6)(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 10 Section 15378)of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,because it I I has no potential for resulting in physical change to the environment, directly or indirectly. 12 SECTION 4. 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 13 court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 14 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 15 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 16 17 18 19 20 21 22 23 24 25 26 27 28 23 I I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO 2 MUNICIPAL CODE SECTION 19.06.030(2)(B) (DEVELOPMENT CODE)REQUIRING A CONDITIONAL USE PERMIT FOR NEW ALCOHOLIC BEVERAGE SALES ACTIVITIES AND 3 ESTABLISHING AUTOMATIC DEEMED APPROVED STATUS FOR LEGAL NONCONFORMING ACTIVITIES. a 5 1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council of the City of San Bernardino at a meeting thereof, held on the day of 6 2010,by the following vote, to wit: 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT s MARQUEZ 9 DESJARDINS to BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 19 Rachel Clark, City Clerk 19 The foregoing Ordinance is hereby approved this day of , 2010. 20 21 22 PATRICK J. MORRIS, Mayor City of San Bernardino 23 24 Approved as to form: 25 JAMES F. PENMAN 26 City Attorney 27 28 24 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F.PENMAN Subject: AN URGENCY ORDINANCE AND A City Attorney NON-URGENCY REGULAR ORDINANCE AMENDING SAN BERNARDINO Dept: CITY ATTORNEY MUNICIPAL CODE SECTION 19.06.030(2)(B) (DEVELOPMENT CODE) Date: Apri129, 2010 REQUIRING A CONDITIONAL USE Entered Into Rec. at MCCICI)C Mt g' J3�/o PERMIT FOR NEW ALCOHOLIC —r BEVERAGE SALES ACTIVITIES AND by: l�w �l � ESTABLISHING AUTOMATIC DEEMED da 46M No: APPROVED STATUS FOR LEGAL by, NONCONFORMING ACTIVITIES, ity Clerkl SectetanJ DECLARING THE URGENCY THEREOF C City C San Bernardino AND TAKING EFFECT IMMEDIATELY Synopsis of Previous Council Action: April 5,2010- Report to Mayor and Council on the analysis of violence, alcohol outlets, and sales of single serve containers of alcohol in San Bernardino, 2007-2009,referred to Legislative Review Committee. Recommended motion: A. That said Urgency Ordinance be adopted. B. That said non-urgency Ordinance be referred to the Legislative Review Committee and the Planning Commission. es F.Penman,City Attorney Contact person: Henry Empeiio Jr Senior Deputy City Attorney Phone: 5355 Supporting data attached: Staff Report,Draft Ordinance Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: C�//�ifsy ARE �CL/Sid7+S 71D Agenda Item No. Z�- 513110 STAFF REPORT Council Meeting Date: May 3, 2010 TO: Mayor and Common Council FROM: City Attorney's Office DATE: April 29,2010 SUBJECT: AN URGENCY ORDINANCE AND A NON-URGENCY REGULAR ORDINANCE AMENDING SAN BERNARDINO MUNICIPAL CODE SECTION 19.06.030(2)(B)(DEVELOPMENT CODE)REQUIRING A CONDITIONAL USE PERMIT FOR NEW ALCOHOLIC BEVERAGE SALES ACTIVITIES AND ESTABLISHING AUTOMATIC DEEMED APPROVED STATUS FOR LEGAL NONCONFORMING ACTIVITIES, DECLARING THE URGENCY THEREOF AND TAKING EFFECT IMMEDIATELY Backeround: This item is follow-up to Agenda Item Number 35 from the April 5,2010 meeting of the Mayor and Common Council,relating to the analysis of violence,alcohol outlets,and sales of single serve containers of alcoholic beverages in the City, which was referred to the Legislative Review Committee. The attached urgency and non-urgency ordinances are based upon a draft ordinance submitted by Dan Skiles from the Institute for Public Strategies, an organization that consults with and is funded by the County of San Bernardino, Department of Behavioral Health, Alcohol and Drug Services. Mr. Skiles developed his draft ordinance from ordinances that have been adopted by several other California cities including Oakland, Ontario,Rohnert Park, and Ventura. The proposed ordinances (commonly referred to as "Deemed Approved Ordinances") are designed to create a zoning program to regulate alcohol outlets based on nuisance and crime activities occurring at or near such businesses that have a negative impact on the surrounding communities. The ordinances allow for the Mayor and Common Council to adopt by resolution an annual permit fee to be paid by all affected businesses in order to fund the cost of administration and enforcement of the program. Cities that have adopted Deemed Approved Ordinances have various types of permit fees,ranging from a set fee for every alcohol outlet,a sliding scale based on specific factors, or no fee at all. Mr. Skiles' draft ordinance was presented to the Legislative Review Committee at its April 20, 2010 meeting. Recommendation: Motion: A. That said Urgency Ordinance be adopted. B. That said non-urgency Ordinance be referred to the Legislative Review Committee and the Planning Commission. Strike Out Version Revised Pages 9,9, 15,16, Is-20-21,23 1 ORDINANCE NO. 2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 SAN BERNARDINO MUNICIPAL CODE SECTION 19.06.030(2)(B) (DEVELOPMENT CODE) REQUIRING A CONDITIONAL USE PERMIT FOR NEW ALCOHOLIC BEVERAGE SALES a ACTIVITIES AND ESTABLISHING AUTOMATIC DEEMED APPROVED STATUS FOR LEGAL NONCONFORMING ACTIVITIES,DECLARING THE URGENCY THEREOF AND 5 TAKING EFFECT IMMEDIATELY. 6 7 The Mayor and Common Council of the City of San Bernardino do ordain as follows: s 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 9 restrictions and limitations provided in the Charter or by State law; and 10 WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption of an urgency I 1 ordinance for the immediate preservation of the public peace, health, or safety if passed by a two-third's 12 (2/3)vote of the Council; and 13 WHEREAS, research shows that areas with greater densities of on-site and off-site alcohol outlets also generally have higher rates of motor vehicle crashes, alcohol-related hospital admissions, 14 pedestrian injury collisions, self-reported injury and drinking and driving among both young people and adults; and 15 16 WHEREAS,the relationship between alcohol outlet density and violent crime has been well documented; communities with 100 or more alcohol outlets and a population of 50,000 or more can 17 expect an annual increase of 2.5 violent crimes each year for every alcohol outlet added in the area; and 18 WHEREAS, drunk driving arrests often take place at night, as bars are closing and highways 19 become crowded with patrons who have been drinking; and 20 WHEREAS, studies indicate the rate of alcohol-related crashes can be reduced by responsible beverage service training programs,but the level of risk still is high when outlet density exceeds the 21 acceptable levels of saturation; and 22 WHEREAS,nuisance and criminal activities such as drug dealing,public drunkenness, loitering 23 and other behaviors that negatively impact neighborhoods occur with disproportionate frequency at and za around the premises of on-site and off-site sale alcohol uses; and 25 WHEREAS,neighborhood character can change over time and the careful regulation of nuisance activity by on-site and off-site alcohol uses will help to ensure that such uses do not contribute 26 to the deterioration of neighborhoods; and 27 WHEREAS,the citizens of the City of San Bernardino have complained to the San Bernardino 28 Police Department about said nuisance and criminal activities; and I WHEREAS,there are many establishments in the City of San Bernardino selling alcoholic 2 beverages that do not conform with the Development Code and, as a result, these establishments generate a disproportionate amount of public nuisance service calls for service for the San Bernardino 3 Police Department; and 4 WHEREAS, for the above-reasons and those provided during the hearing on this Ordinance,the 5 Mayor and Common Council find that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of any entitlements for the establishment or operation of on-site 6 or off-site alcohol outlets would result in that threat to public health, safety or welfare. The Mayor and Common Council further find that the adoption of this Urgency Ordinance regulating the establishment 7 and operation of on-site or off-site alcohol outlets is necessary for the immediate preservation of the 8 public peace,health and safety in accordance with the City Charter Sections 31 and 121. 9 WHEREAS, California law does not preempt local land use and zoning regulations with regard to the sale of alcoholic beverages and the authority to regulate nuisance conditions created by state- 10 licensed alcoholic beverage retailers derives from the City's Charter and general law police powers. I WHEREAS,the City of San Bernardino recognizes its responsibility to enforce the law and the 12 need for a partnership with alcoholic beverage sale establishments and the community to address illegal 13 activities in proximity to an alcoholic beverage sales establishment. 14 WHEREAS,the City wishes to require each new owner or new licensee of an alcoholic beverage sale establishment to secure a conditional use permit to lawfully engage in the sale of alcoholic 15 beverages within the City; and 16 WHEREAS,the conditional use permit will require the business owner to comply with 17 operational standards and training requirements as conditions of the conditional use permit; and 19 WHEREAS,the City wishes to designate each lawfully established and existing alcoholic 19 beverage sale business to be"deemed approved"to lawfully engage in the sale of alcoholic beverages and be required to comply with operational standards as conditions to its deemed approved status; and 20 WHEREAS, the California Court of Appeals in City of Oakland, et al. v. Superior Court, et al., 21 45 Ca1.App.4`" 740 (1996)held that a similar"deemed approved"ordinance was not preempted by state 22 laws regulating the sale of alcoholic beverages because the ordinance merely created an administrative mechanism for enforcing nuisance and criminal laws that were applicable to all alcoholic beverage 23 establishments, even those in operation before the ordinance's effective date; and 24 WHEREAS,the Mayor and Common Council,by adopting this ordinance,have no intention to 25 regulate the sale of alcoholic beverages,but merely a desire to create an administrative mechanism applicable to all alcoholic beverage establishments, to address the nuisance and criminal activities 26 described above; and 27 WHEREAS, an annual use permit fee will be imposed on all alcoholic beverage sale 28 establishments in order to provide the revenue necessary to fund the costs incurred by the City to monitor compliance and enforce the conditions of the conditional use permit and implement programs 2 that promote responsible policies and practices of businesses engaged in the sale of alcoholic beverages; 2 and 3 WHEREAS,the annual use permit will establish standards of operation for licensed alcoholic beverage sale establishments in order to promote successful business practices compatible with healthy 4 economic growth, community safety, and quality of life of San Bernardino residents; 5 NOW,THEREFORE,THE MAYOR ANDCOMMON COUNCIL OF THE CITY OF SAN 6 BERNARDINO DO ORDAIN AS FOLLOWS: 7 SECTION 1. San Bernardino Municipal Code Section 19.06.030(2)(B) (Development Code) is 8 amended to read as follows: 9 19.06.030(2)(B) 10 ARTICLE I—GENERAL n SECTION I—TITLE AND PURPOSE 12 A. Title: 13 14 (1)This ordinance shall be]mown as the Conditional Use Permit-Deemed Approved Alcoholic Beverage Sales Regulations Ordinance. 15 (2)This ordinance requires land use permits for newly established alcoholic beverage sales 6 activities, confers deemed approved status for existing alcoholic beverage sales activities and provides 17 standards and an administrative hearing process to review violations of those standards in order to protect the general health, safety, and welfare of the residents of the City of San Bernardino and to 18 prevent nuisance activities where alcoholic beverage sales occur. 19 B. Purpose: 20 (1) To protect residential, commercial, industrial and civic areas and minimize the adverse 21 impacts of nonconforming and incompatible uses; and 22 (2) To provide opportunities for alcoholic beverage sales establishments to operate in a mutually 23 beneficial relationship to each other and to other commercial and civic services; and 24 (3) To provide mechanisms to address problems associated with the public consumption of 25 alcoholic beverages such as litter, loitering, graffiti,unruly behavior and escalated noise levels; and 26 (4) To provide that alcoholic beverage sales establishments are not the source of undue public nuisances in the community, and 27 2s 3 1 (5) To provide for properly maintained alcoholic beverage sales establishments so that the 2 negative impacts generated by these activities are not harmful to the surrounding environment in any way; and 3 (6) To monitor Deemed Approved establishments to ensure they do not substantially change in 4 mode or character of operation. 5 SECTION II—DEFINITIONS 6 The meaning and construction of these words and phrases, as set forth below, shall apply throughout, except where the context clearly indicates a different meaning or construction. s (A)"Administrator"means the Administrative Hearing Officer as identified in Section III. 9 (B)"Alcoholic Beverage"means alcohol, spirits, liquor,wine,beer, and any liquid or solid to containing alcohol, spirits, wine,or beer, that contains one-half of one percent or more of alcohol by 11 volume and that is fit for beverage purposes either alone or when diluted,mixed or combined with other substances,the sale of which requires a ABC license. 12 (C)"Alcoholic Beverage Sales Activity"means the retail sale of alcoholic beverages for onsite 13 or offsite consumption. 14 (D) "Alcoholic Beverage Sales Establishment" means an establishment where an alcoholic 15 beverage sales activity occurs. Alcoholic beverage sales establishments include but are not limited to the following recognized types of establishments: liquor stores;beer and wine stores; convenience markets; 6 markets;neighborhood specialty food markets;retail sales establishments; wine shops; service stations; 17 taverns; clubs; cocktail lounges,ballrooms,cabarets, dance bars,piano bars;billiard or game parlors, bowling alleys;nightclubs, dance halls; cafes,bars, restaurants with bars; full-service restaurants; and 18 fast food establishments. 19 (E) "California Department of Alcoholic Beverage Control"or"ABC"refers to the department 20 of the State of California empowered to act pursuant to Article 20, section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act. 21 22 (F)"Conditions of Approval"means a requirement that must be carried out by the activity by: (1) a new alcoholic beverage sales activity to exercise a land use permit; or(2) a legal nonconforming 23 alcoholic beverage sales activity to comply with deemed approved performance standards and to retain its deemed approved status. 24 25 (G)"Deemed Approved Activity"means any Legal Nonconforming alcoholic beverage sales activity, as defined in subsection(J). Such activity shall be considered a Deemed Approved activity as 26 long as it complies with the Deemed Approved Performance Standards set forth in Article III, Section IV. 27 2& 4 i (H) "Deemed Approved Status"means the permitted use of land for a Deemed Approved 2 Activity. Deemed Approved status replaces Legal Nonconforming status with respect to Alcoholic Beverage Sales Commercial Activity and remains in effect as long as it complies with the Deemed 3 Approved provisions and performance standards. 4 (I) "Illegal Activity"means an activity,which has been finally determined to be in 5 noncompliance with the Deemed Approved provisions and performance standards. Such an activity shall lose its Deemed Approved status and shall no longer be considered a Deemed Approved activity. 6 (J) "Legal Nonconforming Alcoholic Beverage Sales Commercial Activity"or 7 "Legal Nonconforming Activity"means an Alcoholic Beverage Sales Commercial Activity which was a 8 nonconforming use pursuant to San Berardino Municipal Code(Development Code)Chapter 19.62, and for which a valid state of California Alcoholic Beverage Control license had been issued and used in 9 the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale Regulations Ordinance. Such an 10 activity shall be considered a Deemed Approved Activity and shall no longer be considered a Legal 1 t Nonconforming Activity. 12 (K) "Off-Sale Alcohol Outlet"means an establishment that conducts retail sales of Alcoholic 13 Beverages for consumption off the premises where sold. 14 (L)"On-Sale Alcohol Outlet"means an establishment that conducts retail sales of Alcoholic Beverages for consumption on the premises where sold. 15 (M) "Operational Standards"means regulations for the business practice activities and land use 16 for locations with a Conditional Use Permit or those further requirements imposed to achieve these 17 goals. Operational Standards constitute requirements which must be complied with by an establishment in order to maintain its Conditional Use Permit. Is 19 (I)"Performance Standards"means regulations for the business practice activities and land use for locations with Deemed Approved status or those further requirements imposed to achieve these 20 goals. Performance Standards constitute requirements which must be complied with by an establishment in order to retain its Deemed Approved status. 21 22 (0) "Permit"means a Conditional Use Permit issued pursuant to this ordinance. 23 (P)"Permittee"means the individual or entity that owns an alcoholic beverage sale establishment and to whom a Conditional Use Permit to operate an alcoholic beverage sale 24 establishment has been issued by the City of San Bernardino. 25 (Q) "Premises"means the actual space within a building devoted to alcoholic beverage sales. 26 SECTION III—ADMINISTRATIVE HEARING OFFICER 27 28 The"Administrative Hearing Officer"shall have the same appointment and qualifications as that designated in San Berardino Municipal Code Chapter 9.93, Administrative Civil Penalties; and 5 I shall conduct public hearings and make recommendations intended to encourage and achieve the 2 compliance of particular alcoholic beverage sale establishments with the provisions of this Ordinance. This section is not intended to restrict the powers and duties otherwise pertaining to other City officers 3 or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage sale activities in the City. The Administrative Hearing Officers shall have the powers and duties assigned to them by the 4 Development Code, and other San Bernardino Municipal Code ordinances. 5 SECTION IV-INSPECTION AND RIGHT OF ENTRY 6 The sale of alcoholic beverages is a closely regulated industry. The officials responsible for 7 enforcement of the City Municipal Code or other provisions of the Development Code or their duly B authorized representatives may enter on any site or into any structure open to the public for the purpose of investigation provided they shall do so in a reasonable manner whenever they have cause to suspect a 9 violation of any provision of this ordinance or whenever necessary to the investigation of violations to the Conditions of Approval or Deemed Approved performance standards prescribed in these regulations. 10 If an owner, occupant or agent refuses permission to enter,inspect or investigate,premises which are not 11 open to the public,the officials or their representatives may seek an inspection warrant under the provisions of California Code of Civil Procedure section 1822.50 et. seq. All such inspections shall be 12 conducted in compliance with the Fourth Amendment to the United States Constitution. 13 SECTION V-SEVERABILITY 14 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 Mayor 15 and Common Council hereby declare 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 16 sections subsections, sentences, clauses or phrases maybe declared invalid. 17 ARTICLE II—CONDITIONAL USE PERMITS FOR NEW ALCOHOLIC BEVERAGE SALES 1s ACTIVITIES 19 SECTION I—PURPOSE 20 The general purposes of these regulations are to protect and promote the public health, safety, 21 comfort,convenience,prosperity and general welfare by requiring consideration and approval of a 22 Conditional Use Permit before a new alcoholic beverage sales activity will be permitted in any land use zoning district of the City and by requiring all new alcoholic beverage sales activities to comply with the 23 operational standards in this ordinance and to achieve the following objectives: 24 (A)Protect surrounding neighborhoods from the harmful effects attributable to the sale of 25 alcoholic beverages and to minimize the adverse impacts of nonconforming and incompatible uses. 26 (B)Encourage businesses selling alcoholic beverages to operate in a manner that is mutually beneficial to other such businesses and other commercial and civic activities. 27 zs I i i i I (C)Provide a mechanism to address problems often associated with the public consumption of 2 alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels. 3 (D) Ensure that businesses selling alcoholic beverages are not the source of undue public nuisances in the community. 4 5 (E)Ensure that sites where alcoholic beverages are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way. 6 This Article alone does not allow or permit alcoholic beverage sales activities,but only applies to these activities where otherwise allowed or permitted within an involved applicable land use zoning $ district. This Article does not authorize alcoholic beverage sales activities in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district's regulations. 9 The provisions of this ordinance are intended to compliment the State of California alcohol- 10 related laws. The city does not intend to replace or usurp any powers vested in the California 11 Department of Alcoholic Beverage Control. 12 SECTION II—REQUIREMENT 13 Notwithstanding any other provisions of this Code,no new on-site or off-site alcoholic beverage 14 sales activity may be established unless a Conditional Use Permit is first obtained in accordance with the requirements of this Article. is SECTION III— LOCATIONAL RESTRICTIONS 16 17 A new alcoholic beverage sales activity is not permitted in any of the following locations: 18 (A)Within 500 feet of an existing alcoholic beverage sales activity. 19 (B) Within 500 feet of any of the following: 20 1. A public or private accredited school 21 22 2. A public park,playground or recreational area 23 3. A nonprofit youth facility 24 4. A place of worship or religious institution 2s 5. A hospital 26 6. An alcohol or other drug abuse recovery or treatment facility 27 28 7. A county social service office. 7 I (C)Within a crime reporting district,or within 500 feet of a crime reporting district,where the 2 general crime rate exceeds the city-wide general crime rate by more than 20 percent. 3 (D)A location where the new alcoholic beverage sales activity would lead to the grouping of more than four alcoholic beverage sales activities within a 1,000 foot radius from the new alcoholic 4 beverage sales activity. 5 (E) Establishments containing 15,000 square feet or more which do not sell alcoholic beverages 6 as the principal business are exempt from these locational restrictions. 7 (F) Sit-down restaurants whose predominant function is the service of food and where the on- 8 site sale of alcoholic beverages is incidental or secondary are exempt from these locational restrictions. An incidental bar or lounge shall be allowed for the convenience of dining 9 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.) 10 11 SECTION IV—OPERATIONAL STANDARDS 12 All new alcoholic beverage sales activities shall be designed, constructed, and operated to 13 conform to all of the following operational standards: 14 (A)That it does not result in adverse effects to the health,peace or safety of persons residing or working in the surrounding area. 15 (B)That it does not jeopardize or endanger the public health or safety of persons residing or 16 working in the surrounding area. 17 (C)That it does not result in repeated nuisance activities within the premises or in close 18 proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, 19 public drunkenness, drinking in public,harassment of passersby, gambling,prostitution, sale of stolen goods,public urination,theft, assaults,batteries, acts of vandalism, excessive littering, loitering, graffiti, 20 illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct,or police detentions and arrests. 21 22 (D)That it complies with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the California Department of Alcoholic Beverage Control ("ABC'), 23 California Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws,regulations or orders. This includes 24 compliance with annual City business registration fees and alcohol sales administrative pregfamarinual 25 use permit fees. I 26 (E)That its upkeep and operating characteristics are compatible with, and will not adversely affect the livability or appropriate development of abutting properties and the surrounding 27 neighborhood. 2s 8 I (F)That the owners and all employees of the alcohol beverage sales establishment who are z involved in the sale of alcoholic beverages complete an approved course in 'Responsible Beverage Sales" (RBS)within sixty(60)days of hire for employees hired after the passage of this ordinance or 3 within 6 months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must meet the standards of the California Coordinating Council on Responsible 4 Beverage Service(CCC/RBS)or other certifying/licensing body designated by the State of California. s (G)That all alcohol beverage sales activities pay an annual fee in order to defray the expense to 6 the City for the Outreach and Education Program and Monitoring and Enforcement Activities. 7 (H) A copy of these operational standards, any applicable ABC or City operating conditions, and 8 any training requirements shall be posted 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 9 establishment. io SECTION V—ADMINISTRATION I The San Bernardino City Planning Commission shall administer Conditional Use Permits. 12 SECTION VI—PERMIT APPLICATION 13 14 Any person, association,partnership, corporation or other entity desiring to obtain an alcoholic beverage sales activity Conditional Use Permit shall file an application with the City of San Bernardino 15 Development Services Department to forward to the San Bernardino City Planning Commission on a form provided by the City. The application shall be accompanied by a nonrefundable application 16 processing fee in an amount established by a resolution of the Mayor and Common Council. 17 The application for a Conditional Use Permit shall contain the following information: is 19 (A)The name, address and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its articles of incorporation. 20 The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible management officer. 21 22 (B)The name, address, and telephone number of each lender or share holder with a five percent or more financial interest in the proposed business or any other person to whom a share or percentage of 23 the income of the establishment is to be paid. 24 (C)The name, address, and telephone number of the person who shall manage and operate the 25 establishment for which the permit is requested. 26 (D) The name, address, and telephone number of all existing schools,parks, playgrounds or recreational areas,nonprofit youth facilities, places of worship,hospitals, alcohol or other drug abuse 27 recovery or treatment facilities or county social service offices within 500 feet of the proposed alcoholic 28 beverage sales activity establishment. 9 i (E) The name, address, and telephone number of all alcoholic beverage sale activities within 500 2 feet of the proposed alcoholic beverage sales activity establishment and within a 1000 foot radius from the proposed alcoholic beverage sales activity establishment. 3 (F)The name, address, and telephone number of a person authorized to accept service of legal 4 notices. 5 (G) The proposed business name of the alcoholic beverage sales activity establishment and 6 description of all operating aspects of the proposed business. 7 (Ii)The type of ABC license the applicant is seeking for the alcoholic beverage sales activity 8 establishment. 9 (I)Street address of the proposed alcoholic beverage sales activity establishment and the assessor io parcel number for the property. 11 (J)A plot plan for the property depicting the location of the building housing the alcoholic beverage sales activity establishment on the property and all existing and proposed parking, exterior 12 lighting, signage, and landscaping, trash enclosures, waiting or queuing areas. 13 (K)Any other information reasonably necessary to accomplish the purposes of this ordinance. 14 (L) The Planning Commission may refer the application to other City departments to determine 15 whether the premises where the alcoholic beverage sales activity establishment will be located, complies with the City's building,health,zoning and fire ordinances or other applicable ordinances or laws. City 16 departments may conduct an inspection of the premises to determine compliance with the ordinances 17 and other laws they administer. City departments may prepare reports summarizing their inspections and recommending whether to approve or deny the application based on their inspections. 18 19 SECTION VII—ACTION ON PERART APPLICATION 20 The Planning Commission shall approve issuance of the Conditional Use Permit to allow a new alcoholic beverage sales activity upon making the following findings: 21 22 (A)The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use. 23 (B)A finding of"public convenience and necessity" (Business and Professions Code Section 24 23958.4(b) (2)), if the activity will be located in an area that has been determined by the state of 25 California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a). 26 (C) A finding that the alcoholic beverage sales activity will not aggravate existing problems in 27 the neighborhood created by the sale of alcohol such as loitering, public drunkenness, alcoholic 28 beverage sales to minors, noise and littering. 10 I (D) The proposed establishment will not detrimentally affect nearby neighborhoods considering z the distance of the alcohol establishment to residential buildings, schools,parks,playgrounds or recreational areas,nonprofit youth facilities, places of worship,hospitals, alcohol or other drug abuse 3 recovery or treatment facilities, county social service offices,or other alcoholic beverages sales activity establishments. 4 (E) The proposed establishment will otherwise be compatible with existing and potential uses 5 within the general area. 6 (F)The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur. 8 SECTION VIII—CONDITIONS OF APPROVAL 9 Conditions of Approval that shall be imposed include but are not limited to the following: 10 (A) Prohibited Products: To discourage nuisance activities, an Off-Sale Alcohol Outlet shall be 12 prohibited from selling one or more of the following products: 12 (1)Wine or distilled spirits in containers of less than 750 milliliters. 13 (2)Malt beverage products with alcohol content greater than five and one-half percent by 14 volume. 15 (3)Wine with an alcoholic content greater than 14 percent by volume unless in corked bottles 16 and aged at least two years. 17 (4) Beer or malt liquor sold individually in containers of 40 ounces or less. 18 (5) Containers of beer or malt liquor not in their original factory packages of six-packs or 19 greater. zo (6)Distilled spirits in bottles or containers smaller than 375 milliliters. 21 (7) Cooler products, either wine- or malt beverage-based, in less than four-pack quantities. 22 (B) Soundwalls: If the Deemed Approved Activity abuts residential areas a soundwall may be 23 required between the establishment conducting the Deemed Approved Activity and the abutting residential areas. The soundwall must comply with all state and local requirements for construction and u location and must not obstruct the view of the building and parking areas from the street. Vegetation 25 may be required to be planted along the soundwall to improve the appearance of the soundwall. 26 (C) Trash Receptacles: Permanent, non-flammable trash receptacles may be required to be located at convenient locations appropriately screened from view outside the establishment and in the 27 establishment parking area(if any). The operators of the business may be required to remove on a daily 28 basis, or more frequently if needed to maintain a litter free environment, all trash from these receptacles and from the sidewalk adjacent to the establishment. The operators of the business also may be required 11 I to remove at least three times per week all trash originating from its establishment deposited on public 2 property within 250 feet of any boundary of its premises. 3 (D) Pay Telephones: Pay telephones on the site of the establishment may either be(i)prohibited; or(ii)required to be of the type that only allow outgoing calls and be located in a visible and well- 4 lighted location. s (E) Program: A"complaint response community relations"program established and maintained 6 by the establishment conducting the Deemed Approved Activity may be required. The program may include the following: 7 B (1)Posting at the entry of the establishment providing the telephone number for the area commander of the local law enforcement substation to any requesting individual. 9 (2) Coordinating efforts with the police department to monitor community complaints about the 10 establishment activities. 11 (3)Having a representative of the establishment meet with neighbors or the applicable 12 neighborhood association on a regular basis and at their request attempt to resolve any neighborhood 13 complaints regarding the establishment. 14 (F)Activities: If appropriate the following activities may be prohibited on the premises: pool or billiard tables football or pinball games, arcade style video or electronic games coin-operated 15 amusement devices. 16 (G) Chilled Alcoholic Beverages: An Off-Sale Alcohol Outlet may be prohibited from 17 maintaining refrigerated or otherwise chilled alcoholic beverages on the premises. is (H) Hours of Operation: In an Off-Sale Alcohol Outlet, the sale of alcoholic beverages may be 19 restricted to certain hours of each day of the week unless limited further by the State of California Department of Alcoholic Beverage Control, 20 Cu s: In Off-Sale Outlets,the sale or distribution to the customer of paper or plastic cups in 21 quantities less than their usual and customary packaging may be prohibited. 22 J Signs: The following signs shall be required to be prominently pasted in a readily visible 23 manner in English, Spanish and the predominant language of the patrons: 24 (1)"California State Law prohibits the sale of alcoholic beverages to 25 persons under 21 years of age." 26 (2) "No Loitering or Public Drinking." 27 (3)"It is illegal to possess an open container of alcohol in the vicinity of this establishment." 2s (K) Presentation of Documents: A copy of the Conditions of Approval and the 12 California Department of Alcoholic Beverage Control license shall be required to be kept on the 2 premises and presented to any law enforcement officer or authorized state or county official upon request. 3 (L) Mitigating Alcohol Related Problems: The establishment shall be required to operate in a 4 manner appropriate with mitigating alcohol related problems that negatively impact those individuals 5 living or working in the neighborhood including but not limited to sales to minors,the congregation of individuals;violence on or near the premises, drunkenness,public urination, solicitation,drug-dealing, 6 drug use, loud noise and litter. 7 (M) Drug Paraphernalia: An Off-Sale Alcohol Outlet shall be prohibited from selling 8 drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5. "Drug Paraphernalia"means all equipment products and materials of any kind 9 that are used intended for use or designed for use in planting,propagating, cultivating, growing, harvesting,manufacturing, compounding,converting,producing,processing,preparing,testing, 10 analyzing,packaging,repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or 1I otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000. 12 13 (N Loitering: The establishment's operators or employees shall be required to discourage loiterers and to ask persons loitering longer than fifteen minutes to leave the area and contact local law 14 enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so. 15 16 (0) Security Cameras: At least two 24-hour time lapse security cameras may be required to be installed and properly maintained on the exterior of the building at locations recommended by the Police 17 Department. All criminal and suspicious activities recorded on this surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment operators may be 18 required to provide any tapes or other recording media from the security cameras to the Police 19 Department. 20 (P) Security Guards: An establishment may be required to retain a specified number of security guards. The number of security guards shall vary based upon the specific facts and circumstances of 21 each establishment site and operation. All security guards shall have all required state and City permits 22 and licenses. 23 (0) Prohibited Ve etation: No exterior vegetation may be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in 24 a manner that minimizes its use as a hiding place. 25 SECTION IX—APPEALS FROM A DETERMINATION ON AN APPLICATION FOR 26 PERMIT 27 Any applicant or other person aggrieved by a decision of the Planning Commission on an 28 application for a Conditional Use Permit required by this Article may appeal the decision to the Mayor and Common Council pursuant to Development Code Chapter 19.52. 13 i I SECTION X—GROUNDS FOR CONDITIONAL USE PERMIT SUSPENSION OR 2 REVOCATION 3 An alcoholic beverage sales activity establishment Conditional Use Permit may be suspended by the Planning Commission for up to one year or revoked after a noticed public hearing held pursuant to 4 Development Code Chapter 19.52, for failure to comply with Operational Standards, training 5 requirements or conditions imposed through the Conditional Use Permit. 6 Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore. Notice shall be mailed by U.S. First-Class Mail and Certified Mail Return Receipt Requested at least 10 7 days before the date of the hearing. s SECTION XI—INVESTIGATIVE PROCEDURES OF POTENTIAL VIOLATION OF 9 CONDITIONS OF APPROVAL 10 The City shall appoint an Administrative Hearing Officer pursuant to San Bernardino Municipal 11 Code Chapter 9.93, to conduct hearings, make findings and determine whether violations of this Article, including the Operational Standards and Conditions of Approval, as well as whether undue negative 12 impacts or public nuisance activities have occurred, are occurring or are likely to occur in the future. The assigned Administrative Hearing Officer shall exercise all powers relating to the conduct of the 13 administrative hearing pursuant to San Bernardino Municipal Code Chapter 9.93. 14 Upon the City's receipt of a complaint from the public,Police Department, City official or any 15 other interested person that a Conditional Use Permit activity is in violation of the Operational Standards and/or Conditions of Approval set forth in this Article,the following procedure shall be followed: 16 17 (A)A City Enforcement Officer(any Police Officer or other City Enforcement Officer as listed in San Bernardino Municipal Code Chapter 9.93) shall assess the nature of the complaint and its validity 18 by conducting an on-site observation and inspection of the premises to assess the activity's compliance 19 with Operational Standards and/or Conditions of Approval. 20 (B) If the Enforcement Officer determines that the activity is in violation of the Operational Standards and/or Conditions of Approval, the Enforcement Officer may issue an Administrative Citation 21 or an Administrative Civil Penalties Notice, which then may be subject to a hearing by the 22 Administrative Hearing Officer pursuant to San Bernardino Municipal Code Chapter 9.92 or 9.93 23 (C)The Administrative Hearing Officer shall determine whether the activity is in compliance with the operational standards and/or Conditions of Approval. Based on this determination, the Hearing 24 Officer may continue the Conditional Use permit status for the use in question,may impose 25 Administrative Civil Penalties pursuant to San Bernardino Municipal Code Chapter 9.93 for violations of the Operational Standards and/or Conditions of Approval or may recommend that the Planning 26 Commission revoke the activity's Conditional Use Permit. If the Hearing Officer determines instead to impose further,new conditions on the activity, such conditions shall be based upon the information then 27 before the Hearing Officer. hi reaching a determination as to whether a use has violated the Operational 28 Standards or Conditions of Approval, or as to the appropriateness of imposing additional or amended 14 1 conditions on a use,recommending suspension or revocation of a use, assessing administrative penalties, 2 or the amount of Administrative Civil Penalties to assess, the Hearing Officer may consider: 3 1. The length of time the activity has been out of compliance with the Operational Standards and/or Conditions of Approval. 4 5 2. The impact of the violation of the Operational Standards and/or Conditions of Approval on the community. 6 3. Any information regarding the owner of the activity's efforts to remedy 7 the violation of the operational standards and/or Conditions of Approval. 8 (D)"Efforts to Remedy" shall include,but are not limited to: 9 1. Timely calls to the Police Department that are placed by the owner of the Deemed 10 Approved activity, his or her employees, or agents. 11 2. Requesting that those persons engaging in activities causing violations of the 12 Operational Standards and or Conditions of Approval cease those activities;unless the owner of the activity,or his or her employees or agents feels that their personal safety would be threatened in making 13 that request. 14 3. Making improvements to the activity's property or operations, including but not limited 15 to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras,clear unobstructed windows, clean sidewalks and graffiti abated within 16 three days. 17 (E) If in the judgment of the Administrative Hearing Officer, the operations of the owner of the 18 activity constitute a nuisance, the owner is unable or unwilling to abate the nuisance and the nuisance is 19 shown to be a threat to the public health and safety of the surrounding neighborhood, the Hearing Officer may recommend that the Planning Commission suspend or revoke the activity's Conditional Use 20 permit. All determinations, decisions, and conditions made or imposed regarding the use of a activity shall run with the land. 21 22 (F)The decision of the Administrative Hearing Officer shall become final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Once the decision of the 23 Administrative Hearing Officer becomes final,the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094.6, or other applicable 24 State Law. 25 SECTION XII—APPEAL FROM SUSPENSION OR REVOCATION OF CONDITIONAL USE 26 PERMIT 27 Any applicant or other person aggrieved by a decision of the Planning Commission from a 28 suspension or revocation of a Conditional Use Permit may appeal the decision to the Mayor and Common Council. 15 2 ARTICLE III—STANDARDS AND PROCEDURES FOR EXISTING DEEMED APPROVED ALCOHOLIC BEVERAGE SALES ACTIVITIES 3 SECTION I—PURPOSE a 5 The purposes of these regulations are to protect and promote the public health, safety, comfort, convenience,prosperity and general welfare by requiring that alcoholic beverage sales activities that are 6 legal nonconforming activities to comply with the Deemed Approved performance standards in this Chapter and to achieve the following objectives: 7 8 (A)Protect surrounding neighborhoods from the harmful effects attributable to the sale of alcoholic beverages and to minimize the adverse impacts of nonconforming and incompatible uses. 9 (B)Encourage businesses selling alcoholic beverages to operate in a manner that is mutually 10 beneficial to other such businesses and other commercial and civic activities... I l (C)Provide a mechanism to address problems often associated with the public consumption of 12 alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise level's. 13 (D)Ensure that businesses selling alcoholic beverages are not the source of undue public 14 nuisances in the community. 15 (E)Ensure that sites where alcoholic beverages are sold are properly maintained so that negative 16 impacts generated by these activities are not harmful to the surrounding environment in any way. 17 SECTION II—APPLICABILITY 18 The Deemed Approved alcoholic beverage sales regulations shall apply to all alcoholic beverage 19 sales activities for on-site or off-site consumption existing and operating within the City on the effective date of this ordinance. 20 SECTION III—AUTOMATIC DEEMED APPROVED STATUS 21 22 All Alcoholic Beverage Sales Commercial Activities that were Legal Nonconforming Activities, i:......diatn e; a,n the effective date of this ordinance,whether or not previously granted a 23 Conditional Use Permit by the City, shall automatically become Deemed Approved Activities as of the za effective date of this ordinance and shall no longer be considered Legal Nonconforming Activities. 25 Each deemed approved activity shall retain its Deemed Approved status as long as it complies with the performance standards of this ordinance. 26 The occurrence of any of the following shall terminate the Deemed Approved status of the 27 alcoholic beverage sales activity and require the issuance of a Conditional Use Permit in order to 28 continue the alcoholic beverage sales activity: 16 I (A)An existing alcoholic beverage sales activity changes its activity so that ABC requires a 2 different type of license. 3 (B)There is a substantial modification to the mode or character of operation. 4 (C)As used herein,the phrase"substantial change of mode or character of operation"includes 5 but is not be limited to the following: 6 1. The off-site alcoholic beverage sales activity establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage. 7 8 2. The on-site alcoholic beverage sales activity establishment increases the floor or land area or shelf space devoted to the display, sales or service of any alcoholic beverage. 9 3. The off:site or on-site alcoholic beverage sales activity establishment expands the sale 10 or service of any alcoholic beverages and/or increases the number of customer seats-primarily devoted to t1 the sale or service of any alcoholic beverages. 12 4. The off-site or on-site alcoholic beverage sales activity establishment extends the hours 13 of operation. 14 S. The alcoholic beverage sales activity establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period greater than 30 days by ABC. 15 6. The alcoholic beverage sales activity voluntarily discontinues active operation for 16 more than 90 consecutive days or ceases to be licensed by the ABC. 17 (D)A substantial change in the mode of character of operation shall not include: 18 19 1. Re-establishment, restoration or repair of an existing alcoholic beverage sales activity on the same premises after the premises have been rendered totally or partially inaccessible by a riot, 20 insurrection, toxic accident or act of God,provided that the re-establishment, restoration or repair does not increase the sales or service of any alcoholic beverage, extend the hours of operation of any 21 establishment or add to the capacity, floor or land area or shelf space devoted to alcoholic beverages of 22 any establishment that sells or serves any alcoholic beverages. 23 2. Temporary closure for not more than ninety days in cases of vacation or illness or for purposes of repair,renovation, or remodeling if that repair, renovation, or remodeling does not change 24 the nature of the premises and does not increase the sales or service of any alcoholic beverage, extend 25 the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages. 26 (E)Discontinuance. Once it is determined by the City that there has been a discontinuance of 27 active operation for 90 consecutive days or a cessation of ABC licensing, it may be resumed only upon 28 the granting of a Conditional Use Permit as provided in Article IL The property owner shall be notified 17 I by the City of the termination of the Deemed Approved status and shall be informed of the property 2 owner's right to appeal the City's decision to the Administrative Hearing Officer. 3 SECTION N—DEEMED APPROVED PERFORMANCE STANDARDS 4 The provisions of this section shall be known as the Deemed Approved performance standards.. 5 The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales activities. These standards shall apply to all Deemed Approved alcoholic 6 beverage sales activities that hold Deemed Approved status pursuant to this Article. 7 An alcoholic beverage sales activity("Alcohol Outlet') shall retain its Deemed Approved status 8 only if it conforms to all of the following Deemed Approved performance standards: 9 (A)The Alcohol Outlet shall not cause adverse effects to the health,peace or safety of persons 10 residing or working in the surrounding area. I I- (B) The Alcohol Outlet shall not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area. 12 (C) The Alcohol Outlet shall not allow repeated nuisance activities within the premises or in 13 close proximity of the premises, including but not limited to disturbance of the peace, illegal drug 14 activity, public drunkenness, drinking in public,harassment of passersby, gambling,prostitution, sale of stolen goods,public urination,theft, assaults,batteries, acts of vandalism, excessive littering,loitering, 15 graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours,traffic 16 violations, curfew violations, or lewd conduct. 17 (D)The Alcohol Outlet shall comply with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, California Business and Professions Is Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant 19 to applicable laws,regulations or orders. This includes compliance with annual City business registration fees and annual use permit fees. 20 (E)The Alcohol Outlet's upkeep and operating characteristics shall be compatible with and not 21 adversely affect the livability or appropriate development of abutting properties and the surrounding 22 neighborhood. 23 (F)All alcohol beverage sales activities shall pay an annual use permit fee in order to defray the expense to the City for the Outreach and Education Program and Monitoring and Enforcement 24 Activities. A copy of these performance standards, any applicable ABC or City operating conditions, 25 and any training requirements shall be posted 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 26 establishment. 27 (G) The owners and all employees of the alcohol beverage sales establishment involved in the 28 sale of alcoholic beverages shall complete an approved course in "Responsible Beverage Sales" (RBS) within 60 days of hire for employees hired after the passage of this ordinance or within six months of the IS i 1 passage of this ordinance for existing employees. To satisfy this requirement, a certified program must 2 meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body designated by the State of California. 3 (H) To discourage nuisance activities, all Off-Sale Alcohol Outlets that hold Deemed Approved 4 Status pursuant to this Article shall be prohibited from selling one or more of the following 5 products: 6 (1)Wine or distilled spirits in containers of less than 750 milliliters. 7 (2)Malt beverage products with alcohol content greater than five and one-half percent by 8 volume. 9 (3)Wine with an alcoholic content greater than 14 percent by volume unless in corked 10 bottles and aged at least two years. 11 (4)Beer or malt liquor sold individually in containers of 40 ounces or less. 12 (5)Containers of beer or malt liquor not in their original factory packages of six-packs or 13 Beater. 14 (6) Distilled spirits in bottles or containers smaller than 375 milliliters. 15 (7) Cooler products, either wine-or malt beverage-based, in less than four-pack 16 quantities. 17 SECTION V—NOTIFICATION TO OWNERS OF ESTABLISHMENTS CONDUCTING DEEMED APPROVED ACTIVITIES 18 19 The City's Development Services Department shall notify the owner of each Deemed Approved activity, and also, if not the same, any property owner at the address shown on the City's property tax 20 assessment records, of the activity's Deemed Approved status. The notice shall be sent by U.S. First Class Mail and Certified Mail Return Receipt Requested and shall include a copy of the performance 21 standards in this Article with the requirement that they be posted in a conspicuous and unobstructed 22 place visible from the entrance of the establishment for public review. This notice shall also provide that the activity is required to comply with all performance standards, that a review fee is required and that 23 the activity is required to comply with all other aspects of the Deemed Approved regulations. Should the notice be returned, then the notice shall be sent via regular U.S. Mail. Failure of any person to receive 24 notice given pursuant to this Article shall not affect the Deemed Approved status of the activity. 25 SECTION VI - DEEMED APPROVED STATUS PROCEDURES 26 The City shall appoint an Administrative Hearing Officer pursuant to San Bernardino Municipal 27 Code Chapter 9.93 to conduct hearings, make findings and determine whether violations of this Article, 28 including the Deemed Approved performance standards, Conditions of Approval,undue negative impacts or public nuisance activity,have occurred, are occurring, or are likely to occur in the future. The 19 I . I assigned Administrative Hearing Officer shall exercise all powers relating to the conduct of the 2 administrative hearing pursuant to San Bernardino Municipal Code Chapter 9.93. 3 Upon the City's receipt of a complaint from the public, Police Department, City official or any other interested person that a Deemed Approved use is in violation of the performance standards set 4 forth in this Article, the following procedure shall be followed: 5 (A) A City Enforcement Officer shall assess the nature of the complaint and its validity by 6 conducting an on-site observation and inspection of the premises to assess the activity's compliance with performance standards. 7 8 (B) If the Enforcement Officer determines that the Deemed Approved activity is in violation of the performance standards, the Enforcement Officer may issue an Administrative Citation or an 9 Administrative Civil Penalties Notice,which then may be subject to a hearing by the Administrative to Hearing Officer pursuant to San Bernardino Municipal Code Chapters 9.92 or 9.93. 11 (C) The Administrative Hearing Officer shall determine whether the Deemed Approved activity is in compliance with the performance standards. Based on this determination,the Hearing Officer may 12 continue the Deemed Approved status for the use in question, may impose Administrative Civil Penalties for violations of the performance standards pursuant to San Bernardino Municipal Code t3 Chapter 9.93,may impose such reasonable conditions as are in the judgment of the Hearing Officer 14 necessary to ensure compliance with the performance standards and may suspend or revoke the Deemed Approved activity's Deemed Approved status. If the Hearing Officer determines instead to impose 15 further,new conditions on the Deemed Approved activity, such conditions shall be based upon the information then before the Hearing Officer. In reaching a determination as to whether a use has 6 violated the performance standards, or as to the appropriateness of imposing additional or amended 17 conditions on a use, suspending or revoking a use, assessing Administrative Civil Penalties, or the amount of Administrative Civil Penalties to assess, the Hearing Officer may consider: 18 19 1. The length of time the Deemed Approved activity has been out of compliance with the performance standards. 20 zl 2. The impact of the violation of the performance standard(s) on the community. 22 3. Any information regarding the owner of the Deemed Approved activity's efforts to remedy the violation of the performance standard(s). 23 (D)"Efforts to Remedy"shall include,but are not limited to: 24 25 1. Timely calls to the Police Department that are placed by the owner of the Deemed Approved activity, his or her employees, or agents. 26 2. Requesting that those persons engaging in activities causing violations of the 27 performance standard(s) cease those activities, unless the owner of the Deemed Approved activity, or his 28 or her employees or agents feels that their personal safety would be threatened in making that request. 20 1 3. Making improvements to the Deemed Approved activity's property or operations, 2 including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line,the installation of security cameras, clear unobstructed windows, clean sidewalks and 3 graffiti abated within three days. 4 (E) If in the judgment of the Administrative Hearing Officer, the operations of the owner of the 5 deemed Approved activity constitute a nuisance,the owner is unable to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the 6 Hearing Officer may suspend.or revoke the activity's Deemed Approved status. Any continued operation of the business shall require a Conditional Use Permit approved by the Planning Commission. 7 All determinations, decisions, and conditions made or imposed regarding the use of a Deemed Approved s activity shall run with the land. 9 (F) The decision of the Administrative Hearing Officer shall become final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Once the decision of the 10 Administrative Hearing Officer becomes final as provided in this Chapter,the time in which judicial 11 review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094.6, or other applicable State Law. 12 13 ARTICLE IV-ALCOHOLIC BEVERAGE SALES ACTIVITY FEES AND PENALTIES 14 - SECTION I—ANNUAL PERMIT FEES 15 (A.)The Mayor and Common 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 16 provisions of this ordinance, including any new or modified establishment or deemed approved 17 establishment issued a permit pursuant to this ordinance. The annual use permit fee shall be assessed for each alcoholic beverage establishment on a sliding scale based on: 18 19 (1) The hours of operation that alcohol is sold at the establishment. 20 (2)The volume of alcohol sales at the establishment. 21 (3) The number of police calls for service at the establishment. 22 (4)The estimated annual costs of the police services necessary to monitor and enforce the 23 operational standards and other use permit conditions and requirements for all establishments within that license category. 24 25 (5) The estimated staff costs to bill and collect the annual permit fee. 26 (B) 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 ordinance 27 including Deemed Approved establishments shall be billed by the City Clerk's Office on or before the 28 1st day of January of each year. The fee is due and payable immediately upon receipt, and will be delinquent if not paid within 30 days of the bill's mailing. 21 i I (C) Establishment of Alcohol Permit Fee Account: z (1) The City shall establish an "Alcohol Permit Fee Account" for the collection of the fees 3 described in this ordinance. 4 (2)Funds from the "Alcohol Permit Fee Account' shall be used only to recover the cost of the 5 services including education, inspections, enforcement operations and administrative hearings,related to the monitoring and enforcement of the performance standards,conditions of operation and regulations 6 established for licensed alcohol establishments in this ordinance. 7 (D) Report of expenditure of fees to be collected: s (1)Not later than the last meeting of October in each calendar year, the Administrative Hearing 9 Officer shall submit to the Mayor and Common Council-a report on the expenditures of the total of 10 annual alcohol permit fees collected. 11 (2) The report shall set forth such matters as: 12 a. The prioritization of problems regarding enforcement of the performance standards, conditions and regulations as set forth in this ordinance related to the operation of 13 licensed alcohol establishments in the City. 14 b. Methods of mitigating such problems, through prevention, education and enforcement 15 of the performance standards, conditions andregulations. 16 c. The specific allocation of the fees to be collected to activities described in the report. 17 SECTION II—PENALTIES 18 19 (A) Any person who violates, causes or permits another person to violate any provision of this ordinance is guilty of either an infraction or misdemeanor. Any person convicted of either an infraction 20 or misdemeanor under the provision of this ordinance shall be punished by a fine, imprisonment or both according to Chapter 1.12 of the San Bernardino Municipal Code. 21 22 (B) Separate Offenses for Each Day: Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is 23 committed, continued,permitted, or caused by such violator and shall be punishable accordingly. 74 (C) Any Violation a Public Nuisance: In addition to the penalties provided in this section, any 25 use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the City. 26 (D) Iniunction as Additional Remedy Any violation of any provision of these regulations shall 27 be and is declared to be contrary to the public interest and shall at the discretion of the City, create a 28 cause of action for injunctive relief. 22 I (E) Administrative Civil Penalties: In addition to any other penalties provided in this section, z $1,000.00 in Administrative Civil Penalties shall be imposed for each and every offense and for each and every day during any portion of which any violation of any provision of these regulations is 3 committed,continued,permitted, or caused by such violator: a (F) The City shall bill all persons liable for these Administrative Civil Penalties by mail showing 5 the itemized cost of such chargeable service and requesting payment. Payment of the penalties shall be due within thirty 30 days of the date of the bill is deposited in the Mail. If full payment is not received 6 within the required time for payment the bill will be delinquent and all persons liable for the penalties shall be charged interest at the maximum legal rate from the date the payment period expires and a 7 further civil penalty in the amount of$100.00 per day. The delinquent costs may be placed as a lien 8 against the property or collected by the City in any manner authorized bylaw and are recoverable in a civil action filed by the City in a court of competent jurisdiction. 9 (G) Liability for Expenses: In addition to the punishment provided by law a violator is liable for 10 such costs expenses and disbursements paid or incurred by the City or any of its contractors 11 in correction abatement and prosecution of the violation. Re-inspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of 12 the establishment conducting the Deemed Approved Activity or owner of the property where the establishment is located. The�°° ialEnforcement Officer shall give 13 I the owner or other responsible party of such affected premises a written notice showing the 14 itemized cost of such chargeable service and requesting payment thereof. Should the bill not be paid in the required time,the charges shall be placed as a lien against the property. 15 SECTION 2. This Ordinance is based upon the recitals and findings set forth above, and the 16 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 17 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, and Sections 31,40(z), and 121 of the Charter of the City of San Bernardino. 18 19 SECTION 3. Pursuant to Section 31 and 121 of the Charter of the City of San Bernardino, this Ordinance shall take effect immediately. 20 SECTION 4. Compliance with the California Environmental Quality Act. The Mayor and Common 21 Council finds that this Ordinance is not subject to the California Environmental Quality Act(CEQA) 22 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 23 Section 15378)of the CEQA Guidelines, California Code of Regulations,Title 14, Chapter 3, because it za has no potential for resulting in physical change to the environment, directly or indirectly. 25 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 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. 23 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN 2 BERNARDINO MUNICIPAL CODE SECTION 19.06.030(2)(B)(DEVELOPMENT CODE) REQUIRING A CONDITIONAL USE PERMIT FOR NEW ALCOHOLIC BEVERAGE SALES 3 ACTIVITIES AND ESTABLISHING AUTOMATIC DEEMED APPROVED STATUS FOR LEGAL NONCONFORMING ACTIVITIES, DECLARING THE URGENCY THEREOF AND TAKING 4 EFFECT IMMEDIATELY. s I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council 6 of the City of San Bernardino at a meeting thereof,held on the day of , 2010,by the following vote,to wit: 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 DESJARDINS tt BRINKER 12 SHORETT 13 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 19 Rachel Clark, City Clerk 20 The foregoing Ordinance is hereby approved this day of 2010. 21 22 PATRICK J. MORRIS, Mayor 23 City of San Bernardino 24 25 Approved as to form: 26 JAMES F. PENMAN n City Attorney 28 24