Prohibition on Sales of Distilled Liquor with Motor Vehicle Fuel. Any establishment that retails motor vehicle fuel and provides retail sale of alcoholic beverages, other than beer and wine, is prohibited.
Conditional Use Authorization Required for Establishments that Sell Beer or Wine with Motor Vehicle Fuel. Any establishment that proposes to retail motor vehicle fuel and provide retail sale of beer or wine shall require conditional use authorization.
The Planning Commission may deny authorization or grant conditional authorization to an applicant based upon the criteria set forth in Section 303(c) of this Code.
The Planning Commission shall include each of the following as conditions applicable to establishments at which the concurrent sale of motor vehicle fuel and beer or wine occurs:
No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler;
No advertisement of alcoholic beverages, including beer and wine, shall be displayed at motor fuel islands;
No sale of beer or wine shall be made from a drive-in window;
No display or sale of beer or wine shall be made from an ice tub;
No self-illuminated advertising for beer or wine shall be located on buildings or windows;
Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. who sell beer or wine shall be at least 21 years of age;
No alcoholic beverages, other than beer and wine, shall be sold at any time;
No beer or wine shall be sold for consumption on the premises;
The permittee shall comply with all State statutes, rules and regulations relating to the sale, purchase, display, possession and consumption of alcoholic beverages;
The permittee shall comply with all local statutes, rules and regulations;
The permittee shall not operate the establishment in a manner which presents a nuisance, as defined in California Civil Code Sections 3479 and 3480;
The City may impose sanctions, including suspension or revocation of the conditional use permit, for violation of any of the terms or conditions of the conditional use permit.
In acting on any application for conditional use authorization, the Commission shall make written findings and such findings shall be based on substantial evidence in view of the whole record to justify the ultimate decision.
Where the sale of beer, wine or motor vehicle fuel are not permitted or conditionally authorized uses, this Subsection shall not be construed to permit or conditionally authorize such sales to be conducted concurrently. Where the sale of beer and wine and motor vehicle fuel are permitted or conditionally authorized uses, this subsection shall be construed to require conditional use authorization to conduct such sales concurrently.
Definitions. For purposes of this Section, the following definitions shall apply:
“Alcoholic beverages” shall be as defined in California Business and Professions Code Section 23004;
“Beer” and “wine” shall be as defined in California Business and Professions Code Section 23006 and Section 23007, respectively;
“Motor vehicle fuel” shall mean gasoline, other motor fuels and lubricating oil dispensed directly into motor vehicles;
“Establishment” shall include an arrangement where a lot containing a business selling motor vehicle fuel provides direct access to another business selling alcoholic beverages on the same or adjacent lot.
Application to Existing Uses. Any use lawfully selling motor vehicle fuel and alcoholic beverages (as licensed by the State of California) and existing prior to the effective date of this Section shall be subject to this Section to the extent allowable by Business and Professions Code Section 23790.
(Added by Ord. 420-97, App. 11/7/97)