Lancaster, California · General provision

17.42.030

All Lancaster districts0

Extracted standards

122 individual requirements pulled out of this section’s prose, each with the sentence it came from.

Other

Administrative citation ability to pay
A cited person, regardless of whether he/she wishes to challenge the citation who believes he/she is unable to pay, may request an initial review of the person's ability to pay.
Administrative citation appeal time14 days
A person whose initial review of an administrative citation has resulted in the citation being upheld pursuant to this chapter may contest the citation by filing a written appeal on a city-approved form to the city clerk within 14 calendar days from the date of the issuance of the written statement of the results of the initial review.
Administrative citation appeal deposit
A deposit in the amount of the citation must be paid at the time the appeal is filed.
Administrative citation authority
Any enforcing officer may issue an administrative citation to a responsible person when the officer has determined, through personal observation or after undertaking standard law enforcement investigatory actions, that the person has used or maintained, or permitted the use or maintenance or property on which an alcoholic beverage or tobacco establishment is located, and/or who has operation or permitted the operation of the business, in a manner that constitutes a public nuisance pursuant to Section 17.42.110.
Administrative citation burden of proof
The city bears the burden of proof to establish, by a preponderance of evidence, that the appellant committed the offense that was the basis for the citation.
Administrative citation content
The citation shall be in a city-approved format, and shall include the following information: 1. The date, location and approximate time of the condition and/or activity that constituted a public nuisance pursuant to Section 17.42.110; 2. A brief description of the condition and/or activity that constituted a public nuisance; 3. A statement describing the right to appeal the citation; 4. A statement advising that the fine shall be paid to the city within 30 days from the date of the administrative citation, procedure for payment, and the consequences of failure to pay.
Administrative citation debt
The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the city, which may be collected in accordance with Chapter 1.16 or in any other manner allowable by law.
Administrative citation financial statement
The statement of financial worth form shall include information relating to the cited person's employer, real and tangible personal property, monthly income including federal and/or state benefits, and all monthly financial obligations.
First administrative citation penalty500 dollars
For the first administrative citation, the penalty shall be $500.00
Administrative citation hearing continuance request time24 hours
An appellant may request, in writing, that the director reschedule the hearing if the request is made at least 24 hours prior to the hearing.
Administrative citation hearing decision time14 days
A copy of the written decision shall be served on the appellant by first class mail within 14 days after the hearing.
Administrative citation hearing decision final
The decision of the hearing officer is final and conclusive, subject only to review by the superior court in accordance with the time limits set forth in Code of Civil Procedure Section 1094.6.
Administrative citation hearing informal
Appeal hearings are informal, and formal rules of evidence and discovery do not apply.
Administrative citation hearing notice time10 days
Written notice of the time and place for the hearing shall be served by first class mail and/or email at least 10 calendar days prior to the date of the hearing.
Administrative citation hearing officer
The hearing shall be conducted by an independent and impartial hearing officer.
Administrative citation initial review time90 days
The reviewing officer shall notify the cited person of the decision in writing by mail and/or email within 90 calendar days from the date of receipt of the request for initial review
Administrative citation officer submission time5 days
Within 5 days after issuance of a citation, an officer shall submit a copy of the citation and a written statement of facts to the city manager.
Administrative citation payment time30 days
payment shall be due within 30 calendar days from the date of the citation's issuance
Administrative citation payment plan
A person for whom the determination has been made that the person does not have the ability to pay the full amount of the citation in one payment, shall, no later than 14 calendar days from the date of the determination, coordinate with the department to establish a payment plan whereby the cited person shall make timely monthly payments until the citation has been paid in full.
Administrative citation refund time30 days
If the citation is dismissed, the city shall refund the amount of the citation deposit to the appellant within 30 days from the date of the decision.
Administrative citation review request time14 days
The written request for an initial review must be received by the city clerk's office within 14 calendar days from the date of the citation's issuance.
Second administrative citation penalty1,000 dollars
For the second and any subsequent administrative citation, the penalty shall be $1,000.00
Administrative citation service method
An administrative citation may be personally given to the responsible person, or the responsible person may be served by first class mail
Alcohol production permitted zones
Alcohol production is permitted in the commercial zones (C, CPD, MU zones) if there is a minimum of 25% and maximum up to 40% square footage of total floor area dedicated to retail and a full menu available at all times that alcoholic beverages are offered. Alcohol production shall be permitted in the industrial zones.
Alcohol production retail floor area percentage25 pct
minimum of 25% and maximum up to 40% square footage of total floor area dedicated to retail
Alcohol production retail floor area maximum percentage40 pct
minimum of 25% and maximum up to 40% square footage of total floor area dedicated to retail
Bar permit required
Bar | Beer, Wine, and Spirits | MU, C, CPD, LI and HI | CUP | Planning Commission
Civil proceedings
In addition to or in lieu of prosecution in a criminal action, the city attorney may initiate civil proceedings for the abatement, removal and enjoinment of any public nuisance as set forth in this chapter
Community service alternative
As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service.
Community service cancellation
In the event a person who has enrolled in community service fails or refuses to perform the community service in a timely and appropriate manner, as provided in any applicable rules, regulations, policies and procedures, the city may cancel the community service agreement and collect any unpaid balance of the administrative citation in any manner authorized by law.
Community service rate
The amount of the citation shall be reduced for each hour of community service at a rate in accordance with the state's minimum wage in effect at the time the community service is performed.
Convenience market alcohol display percentage5 pct
Alcohol sales shall be limited to 5% maximum square footage of the sales floor area for sale and display of alcohol.
Convenience market beer/wine permit
Convenience Market/Neighborhood Market | Beer and Wine | MU, C, CPD, LI and HI | MUP | Community Development Director
Convenience market maximum size5,000 sqft
Convenience market/neighborhood market means a retail establishment up to 5,000 square feet
Convenience market spirits permit
Convenience Market/Neighborhood Market | Beer, Wine, and Spirits | MU, C, CPD, LI and HI | CUP | Planning Commission
Deemed approved distance exception
The distance requirements set forth in Section 17.42.040 shall not apply to any existing deemed approved alcoholic beverage or tobacco establishment.
Deemed approved expiration permit required
An alcoholic beverage or tobacco establishment whose deemed approved status has expired or been revoked shall be prohibited from engaging in the sales of alcoholic beverages or tobacco products without first obtaining a permit.
Deemed approved status lapse time90 days
The deemed approved status of an alcoholic beverage or tobacco establishment shall expire if the use is discontinued for 90 consecutive days.
Deemed approved revocation
The deemed approved status of an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of the performance standards set forth in Section 17.42.110 or otherwise in a manner that constitutes a public nuisance and/or a threat to public health, safety and welfare.
Deemed approved substantial change permit
Any establishment lawfully existing prior to the effective date of this chapter and licensed by the state for the retail sale of alcoholic beverages or tobacco products for on-sale or off-sale consumption shall be considered to have a deemed approved status and shall only be required to obtain the necessary permits for a substantial change in mode or character of operation
Distance measurement method
The distance requirement shall be measured in a straight line from the closest property line to the closest property line.
Distance requirement for CUP/MUP establishments
Establishments that require a conditional use permit for alcohol and tobacco retail establishments that require a minor use permit or conditional use permit shall adhere to the distance requirements as specified below
Grocery store alcohol display percentage10 pct
Alcohol sales shall be limited to 10% maximum square footage of the sales floor area for sale and display of alcohol.
Grocery store permit required
Grocery Store/Supermarket/Drugstore | Beer, Wine, and Spirits | MU, C, CPD, LI and HI | DR | Community Development Director
Incidental alcohol sales permit
Alcohol Sales in Conjunction and Incidental to a Primary Use | Beer, Wine, and Spirits | MU, C, and CPD | DR | Community Development Director
Liquor store alcohol display percentage5 pct
The display sales floor area of alcohol exceeds 5% square footage of the sales floor area.
Liquor store permit required
Liquor Store | Beer, Wine, and Spirits | MU, C, CPD, LI and HI | CUP | Planning Commission
Minor use permit CUP conditions
A CUP may be required for tobacco retail establishments in place of an MUP, if the Director determines that one or more of the following circumstances exist on the subject property: 1. Oversaturation of similar uses, 2. Significant crime and/or safety concerns, and 3. Unpermitted conditions, overdue fees to the COL or other agencies, and/or criminal history of those related to the project.
Minor use permit notice time10 days
A notice for a minor use permit shall be mailed 10 calendar days before the scheduled action
Minor use permit notice radius500 ft
All owners of property located within a five-hundred-foot radius of the exterior boundaries of the subject site
Off-sale advertising prohibition
No self-illuminated or in-motion advertising for beer or wine shall be located on buildings or windows, or be visible from outside the building.
Off-sale beer/wine display distance from register5 ft
No beer or wine shall be displayed within 5 feet of the cash register or the front door unless it is in a permanently affixed cooler.
Off-sale container restriction
The planning commission may restrict alcoholic beverages sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.
Off-sale drive-through prohibition
No sale of alcoholic beverages shall be made from a drive-through or walk-up window.
Off-sale electronic games prohibition
The operation of video or any other electronic games may be prohibited in conjunction with the sale of alcoholic beverages, and will be considered on a case by case basis.
Off-sale fuel island advertising prohibition
If the establishment also engages in the sale of motor vehicle fuel, no advertisement of alcoholic beverages shall be displayed at motor fuel islands.
Off-sale graffiti removal time72 hours
Graffiti shall be removed from the site within 72 hours.
Off-sale hours limitation
Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours or operation.
Off-sale ice tub prohibition
No display or sale of beer or wine shall be made from an ice tub.
Off-sale exterior lighting maximum2 foot-candles
Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles
Off-sale exterior lighting minimum1 foot-candles
Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles
Off-sale noise maximum65 dBA
Noise levels at the property line of any sensitive use as listed in Section 17.42.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.
Off-sale on-premises consumption prohibition
The sale of alcoholic beverages for consumption on premises shall be prohibited and appropriate posting of signs stating that drinking on the premises is prohibited by law shall be posted both inside and outside the establishment.
Off-sale public telephone prohibition
Exterior public telephones that permit incoming calls may not be located on the premises.
Off-sale security measures
Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and security personnel and providing security devices, such as surveillance or burglar alarm systems.
Off-sale responsible beverage service training90 days
All employees who serve or sell alcoholic beverages shall successfully complete a responsible beverage service training program that meets the requirements of the California Department of Alcohol Beverage Control within 90 days of hire.
On-sale exterior consumption prohibition
Alcoholic beverages shall not be permitted to be consumed in the parking area or other exterior areas of the premises, except for designated outdoor areas approved as part of the application.
On-sale graffiti removal time72 hours
Graffiti shall be removed from the site within 72 hours.
On-sale hours limitation
Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours of operation.
On-sale exterior lighting maximum2 foot-candles
Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles
On-sale exterior lighting minimum1 foot-candles
Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles
On-sale noise maximum65 dBA
Noise levels at the property line of any sensitive use as listed in Section 17.24.040 adjoining the site of the alcoholic beverage establishment shall not exceed 65 dBA.
On-sale security measures
Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and security personnel and providing security devices, such as surveillance or burglar alarm systems.
On-sale sign requirement
The establishment shall conspicuously post an interior sign stating: We ID everyone under 30 years of age for alcohol sales.
On-sale responsible beverage service training90 days
All employees who serve or sell alcoholic beverages shall successfully complete a responsible beverage service training program that meets the requirements of the state ABC within 90 days of hire.
Performance standard business license
The operator of the establishment shall maintain a current and valid city business license and shall conduct business in full accordance with any and all conditions imposed thereon.
Performance standard graffiti removal time72 hours
All graffiti shall be removed within 72 hours from the operator's first observation of graffiti or receipt of verbal or written notification of such graffiti by any enforcing officer
Performance standard intoxicated person prohibition
The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to an obviously intoxicated person or to a habitual or common drunkard.
Performance standard minimum age21 years
The operator shall not sell, furnish, give or permit the sale, furnishing or giving of an alcoholic beverage to any person under 21 years of age
Performance standard nuisance activities
The operator shall not cause, allow or permit nuisance and other unlawful activities on the premises, including, but not limited to: loitering; drinking alcoholic beverages and/or possessing open alcoholic beverage containers in exterior portions of the premises; littering; creating excessive noise; disturbing the peace; engaging in illegal drug activity or prostitution; trafficking in stolen goods; harassing passersby or business patrons; panhandling; engaging in acts of vandalism; otherwise engaging in conduct that is unlawful and/or constitutes a nuisance.
Performance standard obstructed view prohibition
The establishment shall be maintained in such a manner that signs, refrigerator cases, promotional displays, equipment and/or any other items do not obstruct the view of the interior of the establishment from the parking lot and public street or other right-of-way.
Performance standard public telephone removal time30 days
Any existing public telephone shall be removed within 30 calendar days from the effective date of the ordinance from which this chapter is derived.
Performance standard reasonable steps
The operator shall take all reasonable steps to ensure the conditions and activities on the property on which the alcoholic beverage or tobacco establishment is located do not constitute a public nuisance.
Permit lapse time90 days
A conditional use permit, minor use permit, director's review for an alcoholic beverage or tobacco establishment shall lapse if the use is discontinued for 90 consecutive days
Permit modification
A conditional use permit, minor use permit, or director's review is subject to modification at any time if the appropriate approving authority makes a determination that changed circumstances or unanticipated effects concerning the operation of the business establishment necessitate that conditions be added, amended or deleted.
Permit revocation
A conditional use permit, minor use permit or director's review for an alcoholic beverage or tobacco establishment is subject to revocation if the operator has used or maintained, or permitted the use or maintenance of, the premises on which the establishment is located and/or has operated or permitted the operation of the business in violation of any condition imposed pursuant to the permit, or in violation of the performance standards set forth in Section 17.42.110, or otherwise in a manner that constitutes a public nuisance as defined in this chapter.
Restaurant entertainment area size50 sqft
The establishment is a bona fide restaurant that adds entertainment, except for non-amplified solo or similar entertainment on an occasional basis, which does not occupy more than 50 square feet
Bona fide restaurant permit required
Bona Fide Restaurant | Beer, Wine, and Spirits | MU, C, CPD, LI and HI | DR | Community Development Director
Severability
If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter.
Smoking lounge permit required
Smoking Lounge | Tobacco products | MU, C, CPD, LI, and HI | CUP | Planning Commission
Specific plan exception
The requirements of this chapter shall not apply to areas of the city for which a specific plan has been adopted pursuant to Section 65450 of the Government Code of the state of California if the adopted specific plan contains regulations regarding alcoholic beverage or tobacco establishments.
Substantial change floor area increase20 pct
An alcoholic beverage establishment increases floor area by more than 20%
Substantial change license suspension time90 days
The alcoholic beverage establishment proposes to reinstate alcohol sales after the retail liquor license has been revoked or suspended for a period greater than 90 days
Temporary alcohol sales access control
The applicant shall have control over points of access to the location where alcoholic beverages are dispensed and consumed.
Temporary alcohol sales application advance time60 days
The application is to be filed with the planning department at least 60 days in advance of the event.
Temporary alcohol sales business license
The applicant shall obtain a business license and any other permits applicable for the event.
Temporary alcohol sales containment
The applicant shall have control and containment of individuals who consume alcoholic beverages.
Temporary alcohol sales cash deposit
The planning director may require a cash deposit to ensure compliance with the conditions of approval.
Temporary alcohol sales hours
The applicant shall specify the hours of operation of the event and the hours of sale of alcoholic beverages.
Temporary alcohol sales liability insurance
The applicant shall provide liability insurance in the amount determined by the city attorney based on the size and type of the event naming the city as additionally insured.
Temporary alcohol sales license
A temporary alcoholic beverage control license is required for the duration of this event.
Temporary alcohol sales owner authorization
The applicant shall obtain property owner's authorization.
Temporary alcohol sales site restoration
The site shall be restored to the original condition. Site shall be free of debris, all trash receptacles removed, temporary fencing removed, and all disturbed asphalt shall be restored to the original condition.
Temporary alcohol sales sheriff review
The county sheriff's department shall review the application to determine the number of deputies required for security of the event based on the type and size of the event.
Temporary alcohol sales site plan
The applicant shall submit a site plan showing the event, location of parking area(s), lighting (if any), and areas that alcohol is to be sold.
Temporary alcohol sales special event permit
Approval of a special event permit pursuant to Chapter 9.40 shall be deemed as compliance with the requirements of this section.
Temporary alcohol sales server training
All alcoholic beverage servers shall have in their possession proof of completing responsible beverage service training from the state ABC.
Tobacco advertising prohibition
No self-illuminated or in-motion advertising for tobacco products shall be located on buildings or windows, or be visible from outside the building.
Tobacco container restriction
The planning commission may restrict tobacco sales by container size and type where such restriction is determined to be necessary for the reasonable protection of public health and safety.
Tobacco drive-through prohibition
No sale of tobacco products shall be made from a drive-through or walk-up window.
Tobacco electronic games prohibition
The operation of video or any other electronic games may be prohibited in conjunction with the sale of tobacco products, and will be considered on a case by case basis.
Tobacco graffiti removal time72 hours
Graffiti shall be removed from the site within 72 hours.
Tobacco hours limitation
Hours of operation, including deliveries to the proposed establishment, shall be compatible with the need and character of the surrounding neighborhood. In order to protect the public health, safety and welfare, the planning commission may limit the hours or operation.
Tobacco exterior lighting maximum2 foot-candles
Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles
Tobacco exterior lighting minimum1 foot-candles
Exterior lighting of the parking area shall be kept at an intensity of between one and 2 foot-candles
Tobacco noise maximum65 dBA
Noise levels at the property line of any sensitive use as listed in Section 17.42.040 adjoining the site of the tobacco retail establishment shall not exceed 65 dBA.
Tobacco on-premises consumption prohibition
For tobacco retail uses, the sale of tobacco products for consumption on premises shall be prohibited.
Tobacco public telephone prohibition
Exterior public telephones that permit incoming calls may not be located on the premises.
Tobacco retail CUP conditions
A CUP may be required for tobacco retail establishments subject to director's determination.
Tobacco retail permit required
Tobacco Retail | Tobacco products | MU, C, CPD, LI, and HI | MUP* | Community Development Director
Tobacco security measures
Adequate security measures shall be provided as specified by the planning commission including, but not limited to, retaining trained staff and security personnel and providing security devices, such as surveillance or burglar alarm systems.
Violation misdemeanor
Violations of this chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.12.020A.

From the ordinance

Alcohol Production | Beer, Wine, and Spirits | LI and HI | DR | Community Development Director
17.42.030