Chapter 19.132 — CONCURRENT SALE OF ALCOHOLIC BEVERAGES AND GASOLINE

The purpose of this chapter is to establish regulations pertaining to those establishments which concurrently sell motor vehicle fuel and alcoholic beverages, including beer and wine.

(Ord. 2085, § 2 (part), 2011; Ord. 1478, § 1 (part), 1988)

This chapter applies to any establishment within a General Commercial (CG) zone which, pursuant to a conditional use permit, sells or proposes to sell, concurrently, alcoholic beverages, including but not limited to beer and wine, and motor vehicle fuel.

(Ord. 2085, § 2 (part), 2011; Ord. 1478, § 1 (part), 1988)

An establishment subject to this chapter may be permitted where it, in the opinion of the Planning Commission, is compatible with existing and planned uses in the particular zone or neighborhood.

(Ord. 2085, § 2 (part), 2011; Ord. 1478, § 1 (part), 1988)

The Planning Commission, after having received an application for a conditional use permit by any person proposing a use which is subject to this chapter, shall set a time for the holding of a public hearing thereon.

Any person may address the Planning Commission and present testimony regarding the particular conditional use permit application.

(Ord. 2085, § 2 (part), 2011; Ord. 1478, § 1 (part), 1988)

Written findings regarding the granting or denial of any conditional use permit subject to this chapter shall be made by the Planning Commission in accordance with Chapter 19.156 and shall be based on substantial evidence in light of the entire administrative record.

(Ord. 2085, § 2 (part), 2011; Ord. 1478, § 1 (part), 1988; Ord. 25-2277, Exh. A (part), 2025)

Notwithstanding any other provisions of law, any establishment subject to this chapter shall abide by the following restrictions. These standards are the minimum State standards which

do not limit local regulation otherwise permitted under Section 23790.5 of the Business and Professions Code:

No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler.

No advertisement of alcoholic beverages shall be displayed at motor fuel islands.

No sale of alcoholic beverages shall be made from a drive-in window.

No display or sale of beer or wine shall be made from an ice tub.

No beer or wine advertising shall be located on motor fuel islands and no selfilluminated advertising for beer or wine shall be located on buildings or windows. Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be at least twenty-one years of age.

(Ord. 2085, § 2 (part), 2011; Ord. 1731, (part), 1996; Ord. 1478, § 1 (part), 1988)

Any person aggrieved by a decision of the Planning Commission under the provisions of this chapter may appeal the decision in accord with the provisions of Chapter 19.12.

(Ord. 2085, § 2 (part), 2011)