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STATUS REPORT ON PROPOSED ALCOHOL ORDINANCE AMENDMENT
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RECOMMENDATION
Staff recommends that the Planning Commission receive information regarding and provide comments on the proposed revisions to the City’s existing municipal code provisions related to the sale of alcoholic beverages. No formal action is required at this time.
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DISCUSSION
Background
On April 9 and May 14, 2015, staff from the Planning Division made presentations to the Planning Commission regarding a comprehensive update to the Stockton Municipal Code’s (SMC) existing provisions related to the sale of alcoholic beverages. During those presentations, Commissioners raised concerns and offered suggestions to staff regarding the new ordinance. On June 11, 2015, at the conclusion of the Planning Commission meeting, staff was asked about the status of the ordinance and when it would be scheduled for consideration by the Commission.
Present Situation
In response to the Commission’s request, this update will inform the Commission on the status of the ordinance amendment. A draft ordinance has been prepared by Planning Division staff, based in part upon Commissioners’ suggestions and comments at previous meetings and in part upon a review of existing ordinances in other cities. Planning Division also staff met with staff from the City Attorney’s Office, Police Department, and Code Enforcement to discuss the draft ordinance.
An outline of the SMC’s current regulations for alcoholic beverage sales (Attachment A- Existing Alcoholic Beverage Sales Regulations) and the proposed revisions to the alcohol ordinance (Attachment B -Outline of Proposed Alcohol Ordinance) are attached hereto.
Currently, SMC Chapter 16.20.020, Table 2-2 (Allowable Land Uses and Permit Requirements) allows bars, nightclubs, and off-sale alcohol uses in a limited number of zoning districts, primarily commercial districts, subject to securing a Planning Commission-approved Use Permit. Likewise, restaurants with the on-sale of alcohol are permitted in a limited number of commercial zoning districts, subject to securing an approved Land Development Permit application.
Proposed Revisions
The proposed amendment organizes the alcohol regulations into three sections:
The first section includes information regarding title, purpose, applicability, and definitions. The second section establishes a regulatory structure for new alcoholic beverage sales, and deemed approved alcoholic beverage sales establishments with Performance standards that include: locational restrictions, exemptions, operational standards, conditions of approval, and procedures for modification, revocation, and appeal. The third section contains the procedures for violations and penalties of the ordinance.
Conclusion
Upon completion of City staff’s review, a draft ordinance will be brought to the Planning Commission for review and comment.
Attachment A - Existing Alcoholic Beverage Sales Regulations
Attachment B -- Outline of Proposed Alcohol Ordinance