20.52.090 Vehicle service station selling beer and wine for off-premises consumption.
A. Conditional Use Permit Required. Any vehicle service station otherwise permitted in the relevant zoning classification may only sell for off-premises consumption beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those code sections may be amended, supplemented, or renumbered, only with a valid conditional use permit, which shall be subject to at least yearly review by the city council and which may contain but need not be limited to the following conditions:
1. Sale of beer and wine shall be limited to the hours between 10:00 a.m. and 10:00 p.m.
2. The sale of beer in quantities of fewer than six cans or bottles is prohibited, and no alcoholic beverage shall be sold in unit quantities less than the distributor’s intended resale units.
3. Sale of malt liquor is prohibited.
4. At all times between the hours of 10:00 a.m. and 10:00 p.m. or when beer and wine is offered for sale if it is offered for sale at fewer hours, there shall be at least two attendants on duty, one of whom shall be responsible for the sale of beer and wine.
5. At all times between the hours of 10:00 a.m. and 10:00 p.m. or when beer and wine is offered for sale if it is offered for sale at fewer hours, any attendant who is authorized to sell beer and/or wine must have participated in a licensee education on alcohol and drugs class put on by the California Department of Alcoholic Beverage Control or a similar class approved by the city or must participate in such class within two months of his or her employment as a sales clerk. Establishments must maintain proof of such attendance on the premises and present such proof upon request to the director of community development.
6. The Sheriff’s Department has the power to determine if continuing law enforcement problems exist at the vehicle service station and if he or she determines such, he or she may require the presence of a city-approved doorman and/or security personnel.
7. The conditional use permit conditions shall be placed on the property in a location and in a manner where employees can easily read the conditions.
8. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
9. Any other condition(s) deemed necessary or appropriate by the city to protect the health and welfare of its residents.
B. Special Requirements. Pursuant to California Business and Professions Code Section 23790.5, decisions to grant or deny conditional use permit applications for the concurrent sale of motor vehicle fuel and beer and wine for off-site consumption shall be based upon written findings, which are based on substantial evidence in light of the whole record justifying the decision. All parties shall be given the opportunity to present at the hearing on the conditional use permit application. (Ord. 690 § 4 (Exh. A), 2018).