20.52.100 Beer and wine convenience store.
A. Geographic Requirements. All beer and wine convenience stores must meet the following geographic requirements:
1. The lot upon which the establishment is proposed to be located is not within 500 linear feet of a lot upon which is located an educational institution, public park, or place of religious assembly.
2. The lot upon which the establishment is proposed to be located is not within 500 linear feet of a lot upon which another such use is located.
3. The lot upon which the establishment is proposed to be located is not within 500 linear feet of a lot zoned for residential purposes or mixed use with a residential component.
B. Conditional Use Permit Required. All beer and wine convenience stores shall be permitted 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. The establishment’s total yearly alcohol sales make up no more than 25 percent of the establishment’s total yearly gross sales.
2. Prior to March 1st of each year, the establishment shall submit to the director of community development yearly financial statements for the prior calendar year or portion thereof if the establishment was not in business for the entire calendar year.
3. Sales of beer and wine shall be limited to the hours between 10:00 a.m. and 10:00 p.m.
4. 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.
5. The sale of malt liquor is prohibited.
6. 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 sales clerk who is authorized to sell alcohol must have participated in a licensee education on alcohol and drugs class put on by the California Department of Alcoholic Beverage Control or must participate in such class within two months of his or her employment as a sales clerk. Establishments must show proof of such attendance on the premises and present such proof upon request by the director of community development.
7. The Sheriff’s Department has the power to determine if continuing law enforcement problems exist at the convenience store, and if he or she determines such, he or she may require the presence of a police-approved doorman and/or security personnel.
8. The conditional use permit conditions shall be placed on the property in a location where employees can easily read the conditions.
9. All alcoholic beverages sold must be bagged in clear plastic bags. Use of brown paper or other opaque bags or packaging is prohibited.
10. Any other condition deemed necessary or appropriate by the city to protect the health and welfare of its residents. (Ord. 690 § 4 (Exh. A), 2018).