San Francisco Planning Code § 249.62 Third Street Alcohol

There is an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for both on-site and off-site consumption in the Bayview area. The existence of this many alcoholic beverage establishments appears to contribute directly to numerous peace, health, safety and general welfare problems in the area, including loitering, littering, drug trafficking, prostitution, public drunkenness, defacement and damaging of structures, pedestrian obstructions, as well as traffic circulation, parking and noise problems on public streets and neighborhood lots. The existence of such problems creates serious impacts on the health, safety and welfare of residents of nearby single- and multiple-family areas, including fear for the safety of children, elderly residents and of visitors to the area. The problems also contribute to the deterioration of the neighborhood and concomitant devaluation of property and destruction of community values and quality of life. The number of establishments selling alcoholic beverages and the associated problems discourage more desirable and needed commercial uses in the area.

(a) In order to preserve the residential character and the neighborhood-serving commercial uses of the area, the Third Street Alcohol Restricted Use District (“Third Street Alcohol RUD”) is hereby established for the property in the area generally bounded by Islais Creek to the north, Quint Street, Phelps Street, Tampa Street, Bridgeview Drive, Newhall Street, Venus Street, and Egbert Avenue to the west, US Highway 101 to the south, and Mendell Street, La Salle Avenue, Keith Street, Palou Street, Jennings Street, and Ingalls Street to the east, as designated on Sectional Map Numbers 8 and 10. The following controls shall apply within the Third Street Alcohol RUD.

(1) No new On-sale or Off-sale Liquor Establishment shall be permitted in the Third Street Alcohol RUD.

(2) The prohibition on new Liquor Establishments in subsection (a)(1) shall not be interpreted to prohibit the following:

(A) Temporary uses, as described in Planning Code Sections 205.1 or 205.3;

(B) Establishment of a Liquor Establishment if application for such Liquor Establishment was on file with the California Department of Alcoholic Beverage Control (“ABC”) prior to the effective date of Ordinance No. 67-03 establishing the Third Street Alcohol RUD (May 19, 2003);

(D) Sales and manufacturing of beer pursuant to an ABC License Type 23; or

(E) Establishment of an On-sale Liquor Establishment with an ABC License Type 42 within the Bayview Neighborhood Commercial District, pursuant to a Conditional Use authorization as provided in Section 303.

(3) Continuation of Pre-existing Liquor Establishments. In the Third Street Alcohol RUD, any Pre-existing Liquor Establishment may continue in accordance with Planning Code Section 180 through 186.2, subject to the following provisions.

(A) A Pre-existing Liquor Establishment lawfully existing and selling alcoholic beverages as licensed by the State of California prior to the effective date of Ordinance No. 67-03 establishing the Third Street Alcohol RUD (May 19, 2003), or subsequent legislation prohibiting that type of Liquor Establishment, so long as otherwise lawful, may continue to operate only under the following conditions, as provided by California Business and Professions Code Section 23790: (i) Except as provided by Subsection (B) below, the premises shall retain the same type of retail liquor license within a license classification; and

(ii) Except as provided by Subsection (B) below, the licensed premises shall be operated continuously, without substantial change in mode or character of operation.

(B) A break in continuous operation shall not be interpreted to include the following, provided that the location of the establishment does not change, the square footage used for the sale of alcoholic beverages does not increase, and the type of ABC License does not change, except as indicated:

(i) A change in ownership of a Pre-existing Liquor Establishment or an owner-to-owner transfer of an ABC License;

(ii) Re-establishment, restoration, or repair of a Pre-existing Liquor Establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God;

(iii) Temporary closure of a Pre-existing Liquor Establishment for not more than 90 days for repair, renovation, or remodeling;

(iv) Re-establishment of a Pre-existing Liquor Establishment under its existing ABC License issued prior to May 19, 2003, after a full or partial closure of not more than 10 years;

(v) Relocation of a Pre-existing Liquor Establishment in the Third Street Alcohol RUD to another location within the Third Street Alcohol RUD; provided that a relocating Pre-existing Liquor Establishment other than a Bar Use shall obtain a Conditional Use authorization, and a relocating Pre-existing Liquor Establishment that is a Bar Use shall be principally permitted; and provided further that the original premises shall not be occupied by a Pre-existing Liquor Establishment, unless by another Pre-existing Liquor Establishment that is also relocating from within the Third Street Alcohol RUD; or

(vi) A change from a Type 21 (off-sale) to a Type 20 (off-sale beer and wine) license or a change from any ABC License type to a Type 41 (on-sale beer and wine - eating place).

(b) The following shall apply to all Liquor Establishments in the Third Street Alcohol RUD in order to maintain the safety of the premises and vicinity:

(1) Liquor Establishments shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking, as appropriate to maintain security, without disturbing area residences; and

(2) No more than 33% of the square footage of the windows and clear doors of Liquor Establishments shall bear advertising or signage of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises.

(c) Definitions.

“Liquor Establishment” shall mean any enterprise selling alcoholic beverages, as defined by California Business and Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license.

“Off-sale Liquor Establishment” shall mean any Liquor Store use as defined in Section 102 of this Code.

“On-sale Liquor Establishment” shall mean any Liquor Establishment which has obtained ABC License type 40 (onsale beer), type 42 (on-sale beer and wine public premises), type 48 (on-sale general-public premises), or type 57 (special on-sale general) selling alcoholic beverages for consumption on the premises. Typical on-sale establishments may include but are not limited to bars serving alcoholic beverages. It shall not include ABC License types 41, 47, 51, 52, 59, 60, 61, 67, 70 or 75.

“Pre-existing Liquor Establishment” shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of the establishment of the Third Street Alcohol RUD (May 19, 2003) and licensed by the State of California for the retail sale of alcoholic beverages for on- or off-site consumption, so long as otherwise lawful.

(d) Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the Third Street Alcohol Restricted Use District are within the Fringe Financial Service Restricted Use District established by Section 249.35 and are subject to the controls and exemptions set forth in Section 249.35.

(Added by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; amended by Ord. 35-14 , File No. 131121, App. 4/3/2014, Eff. 5/3/2014; Ord. 248-14 , File No. 140875, App. 12/17/2014, Eff. 1/16/2015; Ord. 202-18, File No. 180557, App. 8/10/2018, Eff. 9/10/2018; Ord. 21-25, File No. 240932, App. 3/7/2025, Eff. 4/7/2025; Ord. 130-26, File No. 260180, App. 7/23/2026, Eff. 8/23/2026)

AMENDMENT HISTORY

Formerly codified as Sec. 782; see that section for prior legislative history. Section header amended and section renumbered; Ord. 140-11, Eff. 8/4/2011. Division (a)(2)(C) added; Ord. 35-14 , Eff. 5/3/2014. Division (a)(2)(D) added; subdivision designations amended within divisions (a)(3)(A), (a)(3)(B), and (c); Ord. 248-14 ; Eff. 1/16/2015. Division (c) amended; Ord. 202-18, Eff. 9/10/2018. Divisions (a)-(a)(2)(D) amended; division (a)(2)(E) added; Ord. 21-25, Eff.

4/7/2025. Divisions (a)- (a)(2), (a)(2)(B), (D), (E), (a)(3), (a)(3)(A), (a)(3)(B)- (B)(iii), (b)-(b)(2), and (c) amended; new division (a)(3)(B)(iv) added; former divisions (a)(3)(iv)-(v) amended as (a)(3)(B)(v)-(vi); Ord. 130-26, Eff. 8/23/2026.