17.156.010 - Title, purpose, and applicability.

The provisions of this chapter shall be known as the title and scope of the Deemed Approved Alcoholic Beverage Sale regulations. The purpose of these provisions is to specify the title, purposes, and applicability of the Deemed Approved Alcoholic Beverage Sale regulations and to require conformity to said regulations.

(Ord. 11624 § 2, 1993: prior planning code § 15000)

17.156.020 - Title of Deemed Approved Alcoholic Beverage Sale regulations.

The provisions of this chapter shall be known as the Deemed Approved Alcoholic Beverage Sale regulations.

(Ord. 11624 § 2, 1993: prior planning code § 15001)

17.156.030 - Purpose of Deemed Approved Alcoholic Beverage Sale regulations.

The general purposes of the Deemed Approved Alcoholic Beverage Sale regulations are to protect and promote the public health, safety, comfort, convenience, prosperity, and general welfare by requiring that Alcoholic Beverage Sales Commercial Activities that were Legal Nonconforming Activities immediately prior to the effective date of the Deemed Approved Alcoholic Beverage Sale regulations comply with the Deemed Approved performance standards at Article III of this chapter and to achieve the following objectives:

A.

To protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of nonconforming and incompatible uses;

B.

To provide opportunities for Alcoholic Beverage Sale Activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

C.

To provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels;

D.

To provide that Alcoholic Beverage Sale Commercial Activities are not the source of undue public nuisances in the community;

E.

To provide for properly maintained Alcoholic Beverage Sale establishments so that negative impacts generated by these activities are not harmful to the surrounding environment in any way;

F.

To monitor that Deemed Approved Activities do not substantially change in mode or character of operation.

(Ord. 11624 § 2, 1993: prior planning code § 15002)

17.156.040 - Applicability of Deemed Approved Alcoholic Beverage Sale regulations.

A.

To Which Property Applicable. The Deemed Approved Alcoholic Beverage Sale regulations shall apply, to the extent permissible under other laws, to all Legal Nonconforming Alcoholic Beverage Sale Commercial Activities within the city.

B.

Duplicated Regulation. Whenever any provision of the Deemed Approved Alcoholic Beverage Sale regulations and any other provision of law, whether get forth in this code, or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contain restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in the Deemed Approved Alcoholic Beverage Sale regulations.

C.

Relationship to the Zoning Regulations. The Nonconforming Use provisions of the zoning regulations including, but not limited to, Sections 17.114.020, 17.114.050B, 17.114.070(A)(4), 17.114.080(A)(1) and (2), shall apply to the Deemed Approved Alcoholic Beverage Sale regulations.

(Ord. No. 12899 § 4, Exh. A, 2008; Ord. 11624 § 2, 1993: prior planning code § 15003)

17.156.050 - Administrative Hearing Officer.

There is created an Alcoholic Beverage Sales Administrative Hearing Officer. The Alcoholic Beverage Sales Administrative Hearing Officer shall be a city staff person and shall conduct public hearings and make recommendations intended to encourage and achieve the compliance of particular sites as appropriate. This section is not intended to restrict the powers and duties otherwise pertaining to other city officers or bodies, in the field of monitoring and ensuring the harmony of Alcoholic Beverage Sale Commercial Activities in the city. These parties shall have the powers and duties assigned to them by the Planning Code, by the zoning regulations, by other codes and ordinances, by the City Charter, or by valid administrative authority.

(Ord. 11624 § 2, 1993: prior planning code § 15010)