HomeMy WebLinkAboutMC-1350
Adopted: April 187 2011
Effective: April 187 2011
2
ORDINANCE NO. Me-USO
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES, DECLARING THE
URGENCY THEREOF AND TAKING EFFECT IMMEDIATELY.
3
4
5
The Mayor and Common Council of the City of San Bernardino do ordain as follows:
WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the
power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the
restrictions and limitations provided in the Charter or by State law; and
6
7
8
9
WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption of an urgency
ordinance for the immediate preservation of the public peace, health, or safety if passed by a two-third's
(2/3) vote of the Council; and
WHEREAS, on September 20,2010, the Mayor and Council unanimously adopted MC 1331, an
ordinance amending San Bernardino Municipal Code (Development Code) Section 19.06.030(2)(B),
requiring a conditional use permit for new alcoholic beverage sales activities and establishing automatic
deemed approved status for legal nonconforming activities and repealing Ordinance No. MC-1323; and
10
II
12
13
14
WHEREAS, Ordinance No. MC-1331 became effective on October 21,2010, and was adopted
by the Mayor and Council so that alcoholic beverage sales establishments do not become public
nuisances and do not generate problems associated with the public consumption of alcoholic beverages
such as littering, loitering, graffiti, unruly behavior and escalated noise levels; and
15
16
17
WHEREAS, Ordinance No. MC-1331 is commonly referred to as the "Deemed Approved
Ordinance" because all lawfully established businesses existing in the City as of October 21, 2010, and
selling alcoholic beverages, whether on-sale or off-sale businesses, are "deemed approved" to lawfully
sell alcoholic beverages and shall retain their Deemed Approved status as long as they comply with all
of the Performance Standards listed in the Ordinance and comply with all other aspects of the Deemed
Approved Ordinance; and
18
19
20
21
WHEREAS, the Deemed Approved Ordinance Performance Standards require that all owners
and employees involved in the sale of alcoholic beverages complete an approved training course in
"Responsible Beverage Sales" (RBS) within 60 days of hire or within six months of the effective date of
the Ordinance; and
22
23
24
WHEREAS, to help businesses fulfill this RBS training requirement, the San Bernardino
County Public Health Department in collaboration with the California Department of Alcoholic
Beverage Control (ABC) and the City of San Bernardino, has offered and will continue to offer free
RBS training courses at City Hall; and
25
26
27
WHEREAS, the deadline for businesses to complete the RBS training requirement under the
current ordinance expires on April 21, 2011; and
28
I
C:\Documents and Settings\hempeno\My Documents\Deemed Approved Ord Amend 4-18-11 Urgency. doc
Me-13S0
2
WHEREAS, certain on-sale businesses, such as fraternal organizations, veterans clubs, and sit
down restaurants whose predominant function is the service of food, have not generated the
aforementioned public nuisance problems associated with the public consumption of alcoholic
beverages and should be exempt from this RBS training requirement; and
3
4
WHEREAS, retail outlets with 25 or more employees or containing 10,000 square feet or more
also have not generated the aforementioned public nuisance problems associated with the public
consumption of alcoholic beverages and should be required to send only supervisory employees to
attend the RBS training courses; and
5
6
7
WHEREAS, other minor revisions to the Deemed Approved Ordinance are necessary to clarify
the requirements of the Ordinance;
8
9
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
10
11
SECTION 1. The following provisions of San Bernardino Municipal Code (Development Code)
Section 19.06.030(2)(B) are amended to read as follows:
12
13
Section 19.06.030(2)(B)
14
1. Article II, Section II:
15
Notwithstanding any other provision of this Code, no new on-site or off-site alcoholic beverage
sales activity may be established unless a Conditional Use Permit is first obtained in accordance with the
requirements of this Article. The following uses are exempt from this requirement to obtain a
Conditional Use Permit, and shall be subject to Director approval of a Development Permit and a
finding of public convenience or necessity, if required:
16
17
18
19
2. Article II, Section IV (F):
20
(F) That the owners and all employees of the alcoholic beverage sales establishment who are
involved in the sale of alcoholic beverages complete an approved course in Licensee Education on
Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training by October 21,
2011, or within sixty (60) days of hire for employees hired after that date. To satisfy this requirement,
the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The
RBS course shall include at a minimum the following: a review of ABC laws and regulations;
administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify
minors and persons already intoxicated.
21
22
23
24
25
Sit down restaurants whose predominant function is the service of food and where the on-site
sale of alcoholic beverages is incidental or secondary are exempt from this training requirement. An
incidental bar or lounge shall be allowed for the convenience of dining patrons. (Establishments which
are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not
included in this exemption.) Fraternal organizations and veterans clubs are exempt from this training
requirement.
26
27
28
2
C:\Documents and Settings\hempeno\My Documents\Deemed Approved Ord Amend 4-18-11 Urgency. doc
Me-l3S0
2
Retail outlets with 25 or more employees or containing 10,000 square feet or more, and subject
to this training requirement may elect to send only supervisory employees to the RBS training, who
would then be responsible for training all employees who are involved in the sale of alcoholic
beverages.
3
4
3. Article II, Sections VI (D) & (E):
5
(D) The name, address, and telephone number, if available, of all existing schools, parks,
playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or
other drug abuse recovery or treatment facilities or county social service offices within 500 feet of the
proposed alcoholic beverage sales activity establishment.
6
7
8
(E) The name, address, and telephone number, if available, of all alcoholic beverage sale
activities within 500 feet of the proposed alcoholic beverage sales activity establishment and within a
1000 foot radius from the proposed alcoholic beverage sales activity establishment.
9
10
11
4. Article II, Section VIII (A) (5):
12
(5) Containers of beer or malt liquor not in their original factory packages of six-packs or
greater, or original factory multi-container packages equivalent to a six-pack quantity.
13
14
5. Article III, Section IV (G):
15
(G) The owners and all employees of the alcoholic beverage sales establishment involved in the
sale of alcoholic beverages shall complete an approved course in Licensee Education on Alcohol and
Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training by October 21,2011, or within
60 days of hire for employees hired after that date. To satisfy this requirement, the RBS course must be
recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include
at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil
liabilities; acceptable forms of identification; and how to identify minors and persons already
intoxicated.
16
17
18
19
20
21
Sit down restaurants whose predominant function is the service of food and where the on-site
sale of alcoholic beverages is incidental or secondary are exempt from this training requirement. An
incidental bar or lounge shall be allowed for the convenience of dining patrons. (Establishments which
are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not
included in this exemption.) Fraternal organizations and veterans clubs are exempt from this training
requirement.
22
23
24
25
Retail outlets with 25 or more employees or containing 10,000 square feet or more, and subject
to this training requirement may elect to send only supervisory employees to the RBS training, who
would then be responsible for training all employees who are involved in the sale of alcoholic
beverages.
26
27
28
SECTION 2._ This Ordinance is based upon the recitals and findings set forth above, and the
accompanying Staff Report and its attachments, and is adopted pursuant to the authority granted to the
3
C:\Documents and Settings\hempeno\My Documents\Deemed Approved Ord Amend 4-18-11 Urgency. doc
MC-1350
2
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.
3
SECTION 3. Pursuant to Section 31 and 121 of the Charter of the City of San Bernardino, this
Ordinance shall take effect immediately. The Mayor and Council find that the adoption of this Urgency
Ordinance regulating the establishment and operation of on-site and off-site alcoholic beverage sales
activities is necessary for the immediate preservation of the public peace, health and safety in
accordance with City Charter Sections 31 and 121.
4
5
6
7
SECTION 4. Compliance with the California Environmental Quality Act. The Mayor and Common
Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
8
9
10
II
SECTION 5. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this
Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that anyone or more
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
12
\3
14
15
1/1
16
17 1/1
18
19
20
21
22
23
24
25
26
27
28
4
C:\Documents and Settings\hempeno\My Documents\Deemed Approved Ord Amend 4-18-11 Urgency. doc
Me-13S0
2
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES, DECLARING THE
URGENCY THEREOF AND TAKING EFFECT IMMEDIA TEL Y.
3
4
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council
of the City of San Bernardino at a joint regular meeting thereof, held on the 18th day of
April , 2011, by the following vote, to wit:
5
6
COUNCIL MEMBERS:
7
8 MARQUEZ
9 VACANT
10 BRINKER
11
SHORETT
12
KELLEY
13
14 JOHNSON
15 Me CAMMACK
16
17
18
NAYS
ABSTAIN
ABSENT
AYES
x
x
x
x
x
x
{i~ f.t. ~
Ra 1 Clark, City Clerk
19
The foregoing Ordinance is hereby approved this /'1?nl day of April
, 2011.
20
r
21
22
23
Approved as to form:
24
25
JAMES F. PENMAN
al:.itY ~tt~ Y . ~
/ ~ .::d
26
27
28
5
C:\Documents and Settings\hempeno\My Documents\Deemed Approved Ord Amend 4-18-11 Urgency. doc