2019/03/12 City Council Ordinance 930 ORDINANCE NO. 930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING CHAPTER 8.34—USE PERMITS FOR ALCOHOL BEVERAGE
ESTABLISHMENTS
WHEREAS, Ordinance No. 780 enacted Chapter 8.34 of the Rohnert Park Municipal
Code, which currently regulates alcohol beverage establishments within the City of Rohnert
Park; and,
WHEREAS, in order to regulate alcohol beverage establishments, so as to minimize
incidents and nuisances arising out of the sale of alcohol, minimize impacts on the health, safety,
and general welfare in surrounding areas including residential neighborhoods, and promote the
success of the alcohol beverage establishments and surrounding businesses, Chapter 8.34 of the
Rohnert Park Municipal Code subjects all alcohol beverage establishments to a use permit
requirements, conditions of operation, and annual permit fee; and
WHEREAS,the City Council of the City of Rohnert Park desires to make amendments
to Chapter 8.34 to clarify existing requirements on alcohol beverage establishments, and provide
further enforcement mechanisms intended to protect public health and safety, minimize the
unlawful sale of alcohol to minors, and ensure compliance with conditions of operation
established for on alcohol beverage establishments,
NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals and Evidence. The above recitations are true and correct and
material to this Ordinance. In making its findings, the City Council relied upon and hereby
incorporates by reference all staff reports, presentations, and other documentation presented to
the Council in the meeting.
Section 2. Amended. Sections 8.34.010, 8.34.020, 8.34.040, 8.34.060, 8.34.080,
8.34.140, 8.34.150, 8.34.160, 8.34.170, 8.34.180, 8.34.190, 8.34.200, 8.34.210, and 8.34.230 of
the City of Rohnert Park Municipal Code, Chapter 8.34—Use Permits for Alcoholic Beverage
Establishments, are amended to read in their entirety as follows:
Section 8.34.010 -Definitions.
As used in this chapter:
"Alcoholic beverage" means any beverage fit for consumption which contains one-half of
one percent or more of alcohol by volume.
"Alcoholic Beverage Control (ABC)" means the California Department of Alcoholic
Beverage Control.
"Alcoholic beverage establishment" means any off-sale or on-sale alcoholic beverage
establishment.
"Alcoholic beverage establishment, off-sale" means any business where alcoholic beverages
are sold for consumption off of the establishment's premises including, but not limited to, any
business that is required to obtain an ABC license type 20 or 21.
"Alcoholic beverage establishment, on-sale" means any business where alcoholic beverages
are sold or served for consumption on the premises, including but not limited to any business
required to obtain an ABC license type 40, 41, 42, 47, 48, 51, 52, 61, 63, 74, 75 or other license
type implemented by the ABC for licensing consumption on-premises.
"City manager" means the city manager or his or her designee.
"Decoy" means a person under 21 being used by a peace officer as part of any law
enforcement-initiated minor decoy program, including programs authorized under Business and
Professions Code section 25658 and any other minor decoy programs operated by the Rohnert
Park Department of Public Safety, to apprehend permittees, or employees or agents of
permittees, or any other persons who sell or furnish alcoholic beverages to minors.
"Deemed approved establishment" means any licensed, legal nonconforming alcoholic
beverage establishment in existence and lawfully operating in the city immediately prior to the
effective date of the ordinance codified in this chapter.
"Finance Director" means the finance director or his or her designee.
"Director of public safety" means the director of public safety or his or her designee.
"Enforcement officer" means the city of Rohnert Park director of public safety or his or her
designee.
Section 8.34.020 - Administration.
The director of public safety is responsible for issuing the use permits required by this
chapter, and for carrying out such other responsibilities contained in this chapter.
The director of public safety is also responsible for monitoring compliance by the
owners, operators and employees of an alcoholic beverage establishment with conditions
imposed on any use permit issued pursuant to the provisions of this chapter, including deemed
approved uses, and for initiating appropriate enforcement action in the event of noncompliance.
The finance director is responsible for collecting all annual permit fees imposed pursuant
to the provisions of this chapter.
Section 8.34.040 - Application for use permit—Form and content.
An application for a use permit required by this chapter must be in the form prescribed by
the director of public safety and shall contain all of the following information:
A. The address of the establishment selling alcoholic beverages;
B. The type of ABC license the applicant is seeking for the alcoholic beverage
establishment;
C. The true and complete name and address of each lender or shareholder with a five
(5)percent or more financial interest in the proposed business or any other person to whom a
share or percentage of the income of the establishment is to be paid;
D. For off-sale establishments eleven thousand(11,000) square feet or less in size, a
verification that the establishment is not located within five hundred (500) feet of any existing
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Ord. 930
schools, places of worship, hospitals, parks, playgrounds or other off-sale alcoholic beverage
establishments of eleven thousand square feet or less in size; and
E. For on-sale establishments with ABC license types 40, 42 and 48 (bars, nightclubs),
a verification that the establishment is not located within one thousand (1000) feet of any
existing schools, places of worship, hospitals, parks, playgrounds or other alcoholic beverage
establishments with ABC license type 40, 42 or 48.
Section 8.34.060 -Action on application for a use permit.
The director of public safety will consider each complete application for a use permit
required by this chapter within thirty (30) business days of submittal, and may consider the
following prior to making a decision whether to issue the permit.
A. The proposed alcoholic beverage establishment is located in a zoning district in
which the establishment is a permitted use;
B. The proposed establishment will not contribute to an undue concentration of alcohol
establishments in the area as defined by Business and Professions Code Section 23958.4(a) or is
an establishment for whom the city has made a finding of public convenience or necessity;
C. The proposed off-sale establishment is eleven thousand(11,000) square feet or less
in size and is not located within five hundred (500) feet of any existing schools,hospitals,parks,
playgrounds or other off-sale alcoholic beverage establishments of eleven thousand (11,000)
square feet or less in size;
D. The proposed on-sale establishment with either ABC license type 40, 42 or 48
(bars, nightclubs), a verification that the establishment is not located within one thousand (1000)
feet of any existing schools,places of worship, hospitals,parks,playgrounds or other alcoholic
beverage establishment with ABC license type 40, 42 or 48;
E. The proposed establishment is not located in a high-crime area as defined in
Business and Professions Code Section 23958.5(a), or where a disproportionate number of police
service calls occur.
Section 8.34.080 - Appeals from a determination on an application for use permit.
Any applicant or other person aggrieved by a decision of the director of public safety on
an application for a use permit required by this chapter, may appeal in writing the decision of the
director of public safety to the city manager by filing a complete notice of appeal no later than
ten(10) calendar days following the date the director of public safety gives notice of the
decision. To be deemed complete, the appeal must be in writing, state the grounds for the appeal,
include the address to which notice is to be mailed, be signed under penalty of perjury, and be
accompanied an appeal fee in an amount established by resolution. The city manager shall
render a written decision, including the grounds upon which the decision is either upheld or
overturned, within fifteen(15) calendar days of the date that a complete notice of appeal was
received. The decision of the city manager shall be final.
Section 8.34.140 - Training requirements for all alcoholic beverage establishments.
A. Training. All sellers/servers of alcoholic beverages shall complete an in-person training
course in "Responsible Beverage Service" (RBS) within sixty (60) days of hire and shall
3
Ord. 930
renew certification every three (3) years from date of last RBS course attended. The course
must be an in-person training course either provided by or approved by the department of
public safety.
B. Employer Responsibility. Businesses found to have employees working as a seller or server
in violation of the training requirement of this section will be subject to penalty in
accordance with Section 8.34.210.
Section 8.34.150 -Annual permit fees.
The city council shall establish by resolution an annual use permit fee that shall be imposed on
each alcoholic beverage establishment issued a use permit pursuant to the provisions of this
chapter, including any new or modified establishment or deemed approved establishment issued
a permit pursuant to this chapter. The annual use permit fee shall be assessed for each alcoholic
beverage establishment on a sliding scale based on:
A. The hours of operation that alcohol is sold at the establishment;
B. The volume of alcohol sales at the establishment;
C. The estimated annual costs of the police services necessary to monitor and enforce the
operational standards and other use permit conditions and requirements for all
establishments within that license category; and
D. The estimated staff costs to bill and collect the annual permit fee.
Section 8.34.160 -Billing and payment.
All annual permit fees imposed on an alcoholic beverage establishment operating under a
use permit issued in the manner provided for by this chapter including "deemed approved"
establishments shall be billed by the finance department on or before the first day of January of
each year. The fee is due and payable immediately upon receipt, and will be deemed delinquent
if not paid within thirty (30) days of the bill's mailing.
Section 8.34.170—Delinquency.
Delinquency in payment shall subject the permittee to collection in accordance with chapter
1.27 and any applicable late payment charges set forth in the administrative fees and fines
schedule adopted by resolution of the city council. Delinquency in payment shall also subject
the permittee to revocation of the permit in accordance with Section 8.34.240.
Section 8.34.180 - Establishment of alcohol permit fee account.
A. The city shall establish an "Alcohol Permit Fee Account" for the collection of the fees
described in this chapter.
B. Funds from the "Alcohol Permit Fee Account" shall be used only to recover costs incurred
by the city in regulating licensed alcohol establishments subject to this chapter, including
but not limited to education, inspections, monitoring and enforcement of the performance
standards, conditions of operation and regulations established for licensed alcohol
establishments, enforcement operations, administrative hearings and any other regulatory
costs.
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Ord.930
Section 8.34.190 - Report of expenditure of fees to be collected.
A. Not later than the last meeting of March in each calendar year, the enforcement officer shall
submit to the city council a report on the expenditures of the total of annual alcohol permit
fees collected.
B. The report shall set forth such matters as:
1. The prioritization of problems regarding enforcement of the performance standards,
conditions and regulations as set forth in this chapter related to the operation of licensed
alcohol establishments in the city of Rohnert Park.
2. Methods of mitigating such problems, through prevention, education and enforcement
of the performance standards, conditions and regulations.
3. The specific allocation of the fees to be collected to activities described in the report.
Section 8.34.200 - Violations.
A. It is unlawful for any person to operate a new or modified alcoholic beverage establishment:
1. Without a valid use permit issued in the manner provided by this chapter; or
2. In violation of any requirements and conditions of any applicable use permit issued
pursuant to this chapter, including, but not limited to, any operational standards and
training requirements.
B. It is unlawful for any person to operate a deemed approved alcoholic establishment in
violation of the operational standards set forth in this chapter and incorporated into a permit
issued to the establishment pursuant to this chapter.
C. It is unlawful for any person, including any permittee or such permittee's agent or employee,
to sell an alcoholic beverage, or cause an alcoholic beverage to be sold, to a decoy.
D. It is unlawful for any permittee of an establishment to allow a seller or server to sell
alcoholic beverages at their establishment in violation of the training requirement of this
chapter.
Section 8.34.210 - Penalties.
Any person violating this chapter shall be guilty of a misdemeanor, which may at the
discretion of the City Attorney or other enforcing authority be charged and prosecuted as an
infraction, and such person shall be subject to the penalties set forth in Chapter 1.16 of this code.
Additionally, any person violating the provisions of this chapter shall be subject any other legal
remedies of the City, criminal or civil, as set forth in the code or available under law, including
but not limited to administrative citation pursuant to chapter 1.25. The City Council may
establish by resolution the amount of fines, fees or penalties to be collected by administrative
citation for violations of this chapter.
Section 8.34.230 -Revocation of Use Permit.
A. Preliminary Notice. Where the public safety department determines that an alcoholic
beverage establishment is operating in violation of the provisions of this chapter, including,
5
Ord. 930
but not limited to, any of the training requirements of this chapter or the requirements and
conditions of the use permit issued to such establishment, the department of public safety
will issue a notice to the permittee that describes the nature of the violation, the corrective
action to be taken, and the time within which the corrective action must be completed.
B. Notice of Hearing. If the permittee has not taken corrective action with the time specified,
the director of public safety shall provide the permittee with notice of a hearing. The notice
shall specify the facts which constitute the violation, specify the time, date, and place of the
hearing, and state that the permittee may be represented by counsel or other interested
persons. Said notice shall be served at least ten (10) days prior to the hearing by first class
mail, postage prepaid, addressed to the permittee as indicated on the most recent use permit
application on file. Service shall be deemed complete at the time of deposit in the United
States mail.
C. Hearing. At the hearing, the permittee, his or her counsel, and any other interested person(s)
shall have the right to present evidence as to the facts upon which the director of public
safety proposes to revoke the use permit.
D. Notice of Decision. If after said hearing, the director of public safety finds that any of the
grounds for revocation exist, he or she shall within thirty (30) calendar days after the hearing
serve by first class mail, postage prepaid, a notice of decision upon the permittee and all
interested persons participating in the hearing. Said notice shall specify the findings of the
public safety director, the ground or grounds for his/her decision, and shall indicate the
appeal procedure.
E. Effective Date of Decision. The decision of the director of public safety shall be final and
binding on all interested parties ten (10) calendar days after the notice of decision is mailed,
unless an appeal is filed.
F. Appeal. The decision of the director of public safety to revoke a use permit may be appealed
in writing to the city manager by filing a complete notice of appeal no later than 10 calendar
days following the date the director of public safety gives notice of the decision. To be
deemed complete, the appeal must be in writing, state the grounds for appeal, include the
address to which notice is to be mailed, be signed under penalty of perjury, and be
accompanied by an appeal fee in amount established by resolution. The city manager shall
hear the appeal within thirty (30) days of receipt of the written appeal. At the hearing, the
appellant may present evidence in support of the contentions stated in the notice of appeal.
Any interested person(s), including the public safety director, may be allowed to participate
in the hearing and present evidence in support of the decision of the public safety director.
The city manager shall render a written decision, including the grounds upon which the
revocation is either upheld or overturned. A copy of the city manager's decision shall be
served by first class mail, postage prepaid, upon the appellant and all parties to the hearing
requesting same. The decision of the city manager shall be final.
Section 3. Notification to Existing Permittees. Within sixty (60) days following the
effective date of this ordinance, the director of public safety shall provide each permittee of an
alcohol beverage establishment within the City of Rohnert Park with a copy of the provisions of
this ordinance and call the permittee's attention to the requirement that the establishment be
.operated in accordance with the training requirements set forth in 8.134.140.
Ord. 930
Section 4. Environmental Review. The City Council finds and determines that this
Ordinance is not a project within the meaning of section 15378 of the Guidelines for
Implementation of the California Environmental Quality Act ("CEQA Guidelines") because it
has no potential for resulting in physical change in the environment, either directly or ultimately.
The City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3)
of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this ordinance may have a significant effect on the environment.
Section 5. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 6. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
This ordinance was introduced on February 26, 2019, and adopted by the Council of the
City of Rohnert Park, by the following roll call vote:
AYES: c-iVe. (5) Cbu0ciIroeernbus Ptdarls, Winn iAgc.Korgie, ga-( brd
3I & M Z.y,,cX2,14 r-}-Q
NOES: Npne(0)
ABSENT: r1 one (0)
ABSTAIN: Mone (0)
CITY , . v• 7 RT PARK
LI \
_ ____. ‘,1_ . 1A./
Gina B' o 'e, ' ayof .
{J J
ATTEST:
-.,, r\IL j..A.A_Afidt..--1
o e M. Buergler, City Clerk
A"0 a AO 1►RM:
-I 1 ‘ Al ,
Michelle Marchetta enyon, ity Attorney
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Ord. 930
I, JOANNE BUERGLER, CITY CLERK of the City of Rohnert Park, California, do hereby
certify that the foregoing Ordinance was duly adopted and passed at a regular meeting of the City
Council on the 12 day of March, 2019 by the following vote:
AYES: �i\(.(b)LookiIN ADQrS PtAzels, (a11.02,n1 (lzcKovi-%ie 1 Sfor'd 2rd kAzUor Ze, r-fit
NOES: i'1 t CD")
ABSENT: KO,At 0')
ABSTAIN: fJ ore- ro]
;j2jea,k_e M. Buergler, Cit
C18
Ord.930
AFFIDAVIT OF POSTING
Pursuant to Califomia Govemment Code $ 36933 and S 40e06
Pursuant to Rohneñ Pafu Municipal Code 1.08.010
STATE OF CALIFORNIA
County of Sonoma
l, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No.930
Ordinance No. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK AMENDING CHAPTER 8.34 . USE PERMITS FOR ALCOHOL
BEVERAGE ESTABLTSHME TIS was published in the Community Voice on March 22,
2019 as required by law.
Subscribed and sworn to before me this 1st day of May, 2019
Sylvia Lopez , Assistant City Cle
SS
)
)
)
ned
m:\ordinances\ordinances 20L9\930\affidavit of posting (updated template 2019).docx
CERTIFICATION OF PUBLICATION IN
"The community voICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Ordinance No.930
STATE OF CALIFORMA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was acitizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. I thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park Ordinance
No. 930" of which the annexed is a printed copy, was published in said newspaper at least _1 consecutive time(s), commencing on the
22 day of March , 2019 and ending on the 22 day of March , 20 1 9 .
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED thís 22 day of March, 2Ol9 at Rohnert Park, California.
Signed
Claudia Smith Chief Clerk
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rlcohol by volume, .
"Alcohblic BeVerage Conhol (ABC)" means the California Department of Alcoholic Beverage Control,
"Alcoholic beverage establishment" means any off.sale or on-sale alcoholic beverage establishment,
, "Alcoholic beveniöç'rsþllishment, off-sale" iÍeenSany'üusiness where alcoholl¿ bq-Vêtàìgôs âre sold fôr côlt:: .
;umption off olfhe eslablià,hn$nt's premises including, but not limited lo, any businessfhat is required to obtain,
rn ABC license type 20 or 21.
"Alcoholic beverage establisþment, on.sale" means any business where alcoholic beverages are sold or served
or consumption on the premises, including but not limited to any business required to obtain an ABC license type
10,41,42,47,48,51,52, 61, 63, 74, 75 or other license type implemented by the ABG for licensing consumption on-
lremises,
"City manager" means the city manager or his or her designee.
"Deioy" mıans a person under 21 being used by a peace officer as part of any law enforcement-initiated minor
lecoy program, including programs authorized under Business and Professions Code section 25658 and any other
ninoi üecóy programs oþeratód by the Rohnert Park Department of Public Safety, to apprehend permittees, or em-
lloyees or agents of permittees, or any other persons who sell or furnish alcoholic beverages to m¡nors.i'Deemed approved establishment" means any licensed¡ legal nonconforming alcoholic beverage establishment
n existence and lawfully operating in the city immediately prior to the effective dâte of the ordinance codified in this
rhaþter.
"Finance Director" means the finance director or his or her designee,
"Director of public safety" means the director of public safety or his or her designee'
"Enforcement officer" means the city of Rohnert Park dlrector of public safety or hiq or her designee
Sectiòn 8.34.020 . Administration.
The director of public safeg is responsible for issuing the use permits required by this chapter, andfor catrying
¡ut such other responsibilities contained in this chapter.
The director of public safeg is also responsible for monitoring compliance by the owners, operators and employ.
res of an alcoholic beverage establishment with conditions imposed on any ude permit issued pursuant to lhe pro.
risions of this chapte¡ including deemed approved uses, and for initiating appropriate enforcement action in the
rvent of noncompliance.
Thefinance director is responsible for collectirig all annual permit fees imposed pursuant to the provisions of
his chapter.
Section 8.34.040 - Aoolication for use permit-Form and content.
An application for a use permit required by this chapter must be in the form prescfibed by the director of public
iafeg and shall ùontain all of the following information:
A. The address ofthe establishment selling alcoholic beverages;
B. The gpe ofABC license the applicant is seeking for the alcoholic beverage establishment;
C. Thetiue and complete name and address ofeachlenderorshareholderwith afive (5)percent otmorefinan-
;ial interest in the proposed business or any other person to whom a share or percentage of the income of the es-
ablishment is to be paid;
D, For off.sale establishmeñts eleven thouqand (11,000) square feet or less in size, a verificat¡on that the estab.
ishment is not located within five hundred (500) feet of any existing schools, places of worship, hospitals, parks,
rlaygrounds or other off.sale alcoholic beverage establishments of eleven thousand square feet or less in size; and
E, For on.sale establishments with ABC license types 40, 42 and 48 (bars, nightclubs), a verification that thê
rstablishment is not locatéd within one thousand (1000) feet of any existing schools, places of worship, hospitals,
rarks, playgrgunds or other alcoholic beverage establishments with ABC license type 40, 42 or 48.
Si¡ction 8,34,060 - Action on. application for a use oermit,
The director of public safety will consider each complete application for a use permit required by this chapter
vithin thirty (30) business days of submittal, and may consider the following prior to making a decision whether to
ssue the permit.
A. The proposed alcoholic beverage establishment is located in a zoning district in which the establishment is
rpermitted use;B. The proposed establ¡shment will not contribute to an undue co'ncentration of alcohol establishments in the
rrea as defined by Business and Professions Code Section 23958,4(a) oris an establishment for whom the ci$ has
nade a finding of public convenience or necessity;C. The proposed off.sale establishment is eleven thousand (11,000) square feet or less in size and is not locatèd
vithin five hundred (500) feet of any existing schools, hospitals, parks, playgrounds or other off-sale alcoholic bev'
rrage establishments of eleven thousand (11,000) square feel or less in size;
D. The proposed on.sale establishment with eitherABC license type 40, 42 or 48 (bars, nightclubs), a verilication
hat the establishment is not located within one thousand (1 000) feet of any existing schools, places of worship, hos-
ritals, parks, playgrounds or other:alcoholic beverage establishment with ABC license type 40 , 42 or 48;
E. The proposed establishment is not located in a high.crime area as define{ in Business and Professions Code
iection or where number of police serviçe calls occur
b,usi-ness or any othir per¡on tı-whorn a
ablishment is to be Paid;-D.
For off.sale åstablishments eleven thouqand (11,000) square feet or less in size, a verification that the estab'
isñmeni ¡s not located within five hundred (500) feei of an¡i existing schools, places of worship, hospitals, parks'
iiavqrounds or other off.sale alcoholic beveiage establishments of eleven thousand squa.re.feet or less in size; and'-É: - È; "Ñie estabtistrments with ABC icense types 40, 42 and 48 (bars, nightclubs), a verification that thé
stãütisñmeñi ii nıt toiated with¡n one thousand (f00ıi feet of any existing schoois, place^s of worship, hospitals'
,ãilã,'piáigrqur¿s or other atcohotic beverage esiablishments with ABC license type 40, 42 or 48'
Sèôiioñ Ú.i4.060 - Action on aoolication for a u?e permitt
appl¡cationforause-permitrequired.bythischapter
ritÀin tñi'{iiãoi¡üj¡ness oavå of submittal, and may cónsidei ihe following prior to making a decision whether to
ssue the permit.-Ã. - iñ;ôosed alcoholic beverage establishment is located in a zoning district in which the establishment is
he department of public safetY'
B.Èmobver Reiponsibility.'Businesses found to have employees working as a seller or server in violation of the
"¡ning
i.qiir.rerit of th¡s iection will be subject to penalty in accordance with Section 8.34.210.
Seciion 8.34.150 - Annual petmit fees.
i@olutionanannualusepermitfeethatshall!ei1q9sedoneachalcoholic
r.u.iãgìäriãbiirhr.ni issueU à use permit pursuant to the provisions of this chapter, includiLg any new.or modified
iita¡liãñmeni or Aeemed approved establishment issued apermit pursuant to th.is.chapter. The annual use permit
ee shall be assessed lor eâih alcoholic beverage establishment on q sliding scale based on:
A, The hours of operation that alcohol is sold at the establishment;
B. The volume of alcohol sales at the establishment;
ı, f¡e est¡mateO anñual costs of the police seryices necessary to monitor and enforce the opetational standards
,nO àif.t.i uià p.rrit conditions and retiuirements for all establishments within that license category; and
D. The estirirated staff costs.to'bill and collect the annual permit'fee'
ih
Delinquency in
A. Not later than the last
council a report on the
each calendar year, lhe enforcement officer
of annual alcohol permit fees collected.of the total
such matters as:
tions
of problems regarding enforcement of the performance standards, conditions
châpter relatedlo theìperation of licensed alcohol establishments in the city
Park.
i, Methods of m¡tigating such problems, through preventiod, education and enforcement of the performance
dards, conditions and regulations.
3. The specific allocation of the fees to be collected to activities described in the report.
by law. l -- .' This ordinance was introducdd on FebruaÚ 26, 2019, and adopted by the Council of the Glty of Rohnert Park' bl
the following roll call vote:
AyES: Five (5) councilmembers Adams, Mackenzie, stafford, callinan, and Mayor Belforte
The report shall set
The prioritization
as set forth in this
shall submit to the ci$
and
of
AYES:
NOES:
ABSENÏ
ABSTAIN:
AYES:
NOES:
ABSENT:
ABSTAIN:
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by law.-
This ordinance was introduced on February 26, 2019, and ¿dopted by the Council of the City of Rohnert
the following roll call vote:
Councilmembers Adams, Mackenzie, Stafford, Callinan, and Mayor Belforte
CITY OF ROHNERT PARK
Gina Belforte, Mayor
ATTEST:
JoAnne M. Buergler, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, Gity Attorney
L JOANNE BUERGLER, CITY CLERK of the City of Rohnert Park, California, do hereby
Ordinânce was duly adopted and passed at a regular meeting of the City Gouncil on the 12
following vote:
Councilmembers Adams, MackenZie, Stafford, Callinan, and Mayor Belforte
JoAnne M. Buergler
City Glerk
Published: March 22, 2019
The Community Voice
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