Shafter Zoning Code § 11.50 Alcoholic Beverage Outlet

Purpose

It has been found that business establishments and organizations engaged in the sale of alcoholic beverages for consumption frequently generate or contribute to problems which adversely affect the health, peace or safety of the city’s residents, property owners, businesses, visitors and workers. Such problems include, but are not limited to: loitering, obstruction of pedestrian and vehicular traffic, defacement of buildings, disturbances of the peace, illegal drug activity, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, excessive littering, illegal parking, excessive loud noises in the late night and early morning hours, traffic violations, lewd conduct, police detections or arrests, and the deterioration of neighborhoods in which such establishment and business premises are located.

The purpose of this section is to protect the health, safety and welfare of the community by: (i) imposing restrictions on the location of such establishments in relation to one another and in relation to certain public and private facilities and structures: and (ii) requiring that each such establishment or organization obtain a conditional use permit in connection with its business operations or its events and activities which involve the sale of alcoholic beverages.

2. Conditional Use Permit Required

Except as otherwise provided herein, no establishment may sell alcoholic beverages for either on-site or off-site consumption unless a conditional use permit has been approved for such an establishment. A conditional use permit

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shall not, however, be required if the establishment falls within the following categories:

a. A retail store having ten thousand (10,000) square feet or more of floor area which does not devote more than five (5) percent of such floor area to the sale, display, and storage of alcoholic beverages, or
b. A bona fide restaurant.
c. A special event function; such as neighborhood or community festivals, provided all of the following criteria are met:
- (1) The person, group, business, or organization sponsoring the event secures all applicable permits from the City; and
- (2) The person, group, business, or organization sponsoring the event obtains a temporary on-sale license from the State of California Department of Alcoholic Beverage Control for each of the dates the event will be held; and
- (3) The duration of the event does not exceed three consecutive days or five days in any single calendar year.

Standard Conditions for conditional use permit approval for alcohol-related land uses.
- a. The applicant shall furnish the City a copy of the ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control prior to public hearing on any application for a conditional use permit.

b. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control.
- c. The conditional use permit shall not become effective for any purpose unless an “Acceptance of Conditions” form has been signed by the applicant in the presence of the Planning Director, or notarized and returned to the Planning Department and the ten (10) day appeal period has elapsed.
- d. A modification of an approved conditional use permit, as provided in this Title, shall be obtained when:
  - (1) The establishment proposes to change its type of liquor license.
  - (2) the establishment proposes to modify any of its current conditions of approval.
  - (3) There is a substantial change in the mode or character of operations of the establishment.

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e. Exterior lighting in the parking area shall be designed to provide adequate lighting for patrons, while not unreasonably disturbing surrounding properties. A lighting plan, subject to review and approval by the Planning Director, shall be implemented prior to sale of any alcoholic beverage.
f. In the event City staff determines that security problems exist on the site, the conditions of this permit may be amended, under the provisions of this Title, to require additional security.
g.
- The establishment shall have a public telephone listing.
h. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skill that will enable them to comply with their responsibilities under State law. This includes, but is not limited to the following:
- (1) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations, and penalties for violations of these laws.
- (2) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages.
- (3) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles.
- (4) Methods for dealing with intoxicated customers and recognizing underage customers.
i. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and operators of such establishments shall remove trash and debris in a manner to eliminate a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 p.m. and 7:00 a.m.
j. The Planning Commission has the right to hold a public hearing to revoke or modify any conditional use permit pursuant to the provisions of this Title if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter.
k. A conditional use permit which has been approved or conditionally approved for alcohol-related land uses shall become null and void unless exercised within one year of the date of final approval, or such

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extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Planning Department a minimum of ninety (90) days prior to such expiration date.

Additional standard conditions of approval for alcohol related land uses for onsite sates.
- a. All alcoholic beverages sold in conjunction with an on-site licensed establishment must be consumed entirely on the premises prior to closing time, and no alcoholic beverage shall be sold as take-out.
- b. There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a conditional use permit issued by the City. Furthermore, the proposed uses shall be consistent with the license conditions imposed by the State of California Department of Alcoholic Beverage Control.
- c. The establishment shall comply with the provision of Section 10.170 (Noise Hazards) of this Title.
- d. In addition to the knowledge and skills deemed necessary for responsible alcoholic beverage services, as set forth in this Chapter, the following additional topics and skills shall be required:
  - (1) Methods to appropriately pace customer drinking to reduce the risk that a customer may leave the premises in an intoxicated manner.
  - (2) Knowledge of mixology, including marketable alternatives to alcoholic beverages.
Additional standard conditions of approval for alcohol related land uses for onsite sales in outdoor dining areas.
- a. Whenever an outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, an employee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals.
- b. All alcoholic beverages served in an outdoor dining area must be served in glass containers.
- c. All outdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the Planning Commission.
- d. Any canopy constructed over an outdoor dining area shall comply with all requirements of the Building and Fire Departments.

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Additional standard conditions of approval for alcohol-related land uses for offsite sales.

The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises stating that drinking of alcoholic beverages on the premises is prohibited by law. These premises shall include the licensed premises proper, appurtenant and required parking areas, and appurtenant common areas if located in a commercial center.

Depending upon the complexity of the issue under consideration by the Planning Commission, additional conditions of approval may be added to the above listing of items in order to fully ensure that the proposed issuance of a land use approval for an alcohol-related use is fully compatible with the surrounding neighborhood and that all adverse environmental impacts are mitigated to the fullest extent possible.

11.60 KENNELS (COMMERCIAL AND NONCOMMERCIAL)

Intent

This Section is intended to ensure that the operation and maintenance of commercial and noncommercial kennels, as defined in Section 1.190 (Definitions) of this Title, does not create a nuisance or otherwise impair the enjoyment of surrounding properties.

Applicability

All kennels, both non-commercial and commercial shall comply with the provisions of this Section and all other standards and permit procedures pursuant to the zone district in which such kennel is located.

Performance Standards for Commercial and Noncommercial Kennels
- a. Animal runs shall meet the following criteria:
  - (1) All animal runs shall be of adequate size for animals held therein.
  - (2) All animal runs shall be constructed and/or coated with nonporous material to discourage the breeding of ticks and other similar pests.
  - (3) All animal runs and animal holding areas shall have concrete or other durable flooring which is sloped for proper drainage.
  - (4) All animal runs shall have adequate enclosures to provide protection from inclement weather.
  - (5) All animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs.

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b. All kennels shall be served by sewer and/or all excrement produced by said kenneled animals shall be properly disposed of on a regular basis to control flies and odor.

The kennel area shall be so located and sound attenuated, if necessary, so that noise levels measured at the property line do not exceed standards set for the adjacent use.
No animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall be located within a required setback area.

11.70 EXOTIC ANIMALS

The keeping of exotic animals, as defined in Section 1.190 (Definitions) of this Title, shall be permitted only in A, E, and R-1 zone districts, subject to the following regulations.
Requirements.

a. Prior to giving notice in accordance with the provisions of Section 2.140 (Public Hearing and Notification Procedures) of this Title, the reviewing authority shall request that the County Veterinarian submit a statement regarding the particular animal’s mature behavior and personality characteristics. Notice given to adjacent property owners shall include a description of the type of animal and its behavioral characteristics.
- b. Any action to approve a request for keeping an exotic animal shall not be effective until written evidence is received by the Planning Director that:
  - (1) The applicant has applied for and obtained a permit from the Public Health Department.
  - (2) The applicant has applied for and obtained a permit from the State Department of Fish and Game, if required.
- c. Conditions

Any action to approve a request for an exotic animal shall include the following conditions in addition to any conditions deemed appropriate by the reviewing authority:

(1) The keeping of the animal must comply with the provisions of this Title, and any other applicable City Code, including setbacks from property lines and other dwellings.
(2) The keeping of an animal must comply with all applicable federal and State requirements.

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(3) No more than two (2) exotic animals over the age of six (6) months may be kept unless a conditional use permit for a menagerie or zoo has been approved.