HomeMy WebLinkAboutMC-1358
Adopted: July 5. 2011
Effective: August 4. 2011
2
ORDINANCE NO. KC-1358
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES.
3
4
The Mayor and Common Council of the City of San Bernardino do ordain as follows:
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
5
6
7
8
9
WHEREAS, Ordinance No. MC-1331 became effective on October 21, 2010, and was adopted
by the Mayor and Council so that alcoholic beverage sales establishments do not become public
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
10
11
12
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, 20 I 0, 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
13
14
15
16
WHEREAS, the Deemed Approved Ordinance Performance Standards require that all owners
and employees involved in the sale of alcoholic beverages complete an approved training course in
"Responsible Beverage Sales" (RBS) within 60 days of hire or within six months of the effective date of
the Ordinance; and
17
18
19
WHEREAS, to help businesses fulfill this RBS training requirement, the San Bernardino
County Public Health Department in collaboration with the California Department of Alcoholic
Beverage Control (ABC) and the City of San Bernardino, has offered and will continue to offer free
RBS training courses at City Hall; and
20
21
22
WHEREAS, the deadline for businesses to complete the RBS training requirement under
Ordinance No. MC-1331 was on April 21, 2011; and
23
24
WHEREAS, on April 18, 20 II, the Mayor and Common Council unanimously adopted
Ordinance No. MC-1350 as an urgency ordinance amending the Deemed Approve Ordinance and
extending the RBS training deadline; and
25
26
WHEREAS on May 25,2011, the Planning Commission of the City of San Bernardino
conducted a noticed public hearing to receive and consider public testimony and written comments
concerning the amendments to Section 19.06.030(2)(B) of the Development Code (the Deemed
Approved Ordinance), as adopted by Ordinance No. MC-1350; and
27
28
MC-1358
2
WHEREAS, on June 20, 20 II the Mayor and Common Council of the City of San Bernardino
conducted a noticed public hearing to receive and consider public testimony and written comments
concerning proposed amendments to Section 19.06.030(2)(B) of the Development Code, including the
Planning Division Staff Report containing recommended findings of fact and the recommendation of the
Planning Commission;
3
4
5
NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
6
7
SECTION 1. The following provisions of San Bernardino Municipal Code (Development Code)
Section 19.06.030(2)(B) are amended to read as follows:
8
Section 19.06.030(2)(B)
9
1. Article 11, Section 11:
10
11
Notwithstanding any other provision of this Code, no new on-site or off-site alcoholic beverage
sales activity may be established unless a Conditional Use Permit is first obtained in accordance with the
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:
12
13
14
2. Article II, Section IV (F):
15
16
(F) That the owners and all employees of establishments 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.
17
18
19
20
Sit down restaurants that continue to serve menu items until closing and whose predominant
function is the service of food and where the on-site sale of alcoholic beverages is incidental or
secondary are exempt from this training requirement. 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.
21
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
3. Article II, Sections VI (D) & (E):
28
(D) The name, address, and telephone number, if available, of all existing schools, parks,
playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or
2
MC-1358
2
other drug abuse recovery or treatment facilities or county social service offices within 500 feet of the
proposed alcoholic beverage sales activity establishment.
3
(E) The name, address, and telephone number, if available, of all alcoholic beverage sale
activities within 500 feet of the proposed alcoholic beverage sales activity establishment and within a
1000 foot radius from the proposed alcoholic beverage sales activity establishment.
4
5
4. Article II, Section VIII (A) (5):
6
(5) Containers of beer or malt liquor not in their original factory packages of six-packs or
greater.
7
8
5. Article Ill, Section IV (G):
9
10
(G) The owners and all employees of establishments involved in the sale of alcoholic beverages
shall complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other
"Responsible Beverage Service" (RBS) training by October 21, 20 II, or within 60 days of hire for
employees hired after that date. To satisfy this requirement, the RBS course must be recognized by the
California Department of Alcoholic Beverage Control. The 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.
11
12
13
14
Sit down restaurants that continue to serve menu items until closing and whose predominant
function is the service of food and where the on-site sale of alcoholic beverages is incidental or
secondary are exempt from this training requirement. 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.
15
16
17
18
19
Retail outlets with 25 or more employees or containing 10,000 square feet or more, and subject
to this training requirement may elect to send only supervisory employees to the RBS training, who
would then be responsible for training all employees who are involved in the sale of alcoholic
beverages.
20
21
22
SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and Common
Council finds that this Ordinance is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that an activity that will not
result in a direct or reasonably foreseeable indirect physical change in the environment is exempt.
23
24
25
SECTION 3. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this
Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any
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.
11/
26
27
28
3
MC-1358
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.06.030(2)(B)
REGARDING ALCOHOLIC BEVERAGE SALES ACTIVITIES.
2
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council
of the City of San Bernardino at a ;oint regular meeting thereof, held on the 5th day of
July ,201 I, by the following vote, to wit:
4
5
6 COUNCIL MEMBERS:
7 MARQUEZ
8
VACANT
9
BRINKER
10
11 SHORETT
12 KELLEY
13 JOHNSON
14
MC CAMMACK
15
AYES
NAYS
ABSTAIN
ABSENT
~
x
x
x
x
x
19
a~b.~
Rach'e1 Clark, City Clerk
The foregoing Ordinance is hereby approved this C, -tP.. day of July
flt::-:: {J:::!"o
City of San Bernardino
,2011.
16
17
18
20
Tern
21
22
23
Approved as to form:
24
25
JAMES F. PENMAN
Cirl Attorney 1-- ~
26
27
28
4