§ 249.60.

MISSION ALCOHOLIC BEVERAGE SPECIAL USE DISTRICT

The Mission Alcoholic Beverage Special Use District (SUD) applies to the area generally bounded by Guerrero Street, San Jose Avenue, Randall Street, Mission Street, Cesar Chavez Street, Potrero Avenue and Fourteenth Street, as designated on Sectional Maps 7SU and 8SU of the Zoning Map of the City and County of San Francisco. The controls apply only within the boundaries of the SUD. There is a large number of establishments dispensing alcoholic beverages, including beer and wine, for both on-site and off-site consumption in this area. Bars and Restaurants are concentrated on the commercial corridors of Valencia Street, Mission Street, and 24th Street. Liquor Stores selling off-site liquor are distributed throughout this area. This concentration of alcoholic beverage establishments has contributed to numerous peace, health, safety and general welfare problems in the area.

The SUD, which has been in effect since 1987, was established to prohibit new establishments, or expansion of existing establishments, selling alcoholic beverages within the area and prohibited the transfer of liquor licenses. This has resulted in a freezing of entitlements that have less rigorous required operating conditions than are required today. While a net increase in Liquor Stores will continue to be prohibited, the transfer of a liquor license is permissible if the operating conditions currently in effect in the City and County of San Francisco are imposed on the transferee. The area would also benefit from new Grocery Stores of any size that may incidentally sell alcoholic beverages.

The following restrictions shall apply within such district:

a.

Prohibition of New Liquor Stores. No new Liquor Store, as defined in Section 790.55 of this Code, shall be permitted in the SUD, except that an existing Liquor Store may relocate pursuant to subsection (d) below.

b.

Allowed Alcohol-related Uses. Certain uses which are not likely to generate negative impacts on the surrounding area shall be allowed within the SUD as set forth below:

1.

The following uses shall be eligible for liquor licenses transferred from within the SUD as well as licenses transferred from outside the SUD:

A.

Bona Fide Eating Places. A Restaurant Use, as defined in Section 790.91 of this Code, operating as a Bona Fide Eating Place, as defined in Section 790.142, shall be permitted to serve alcoholic beverages in this SUD.

B.

Non-Profit Theaters. A non-profit theater shall be permitted to serve alcoholic beverages in this SUD. A “non-profit theater” shall mean a building or part of a building intended to be used for the specific purposes of presenting any act, play, revue, pantomime, scene, song, dance act, or song and dance act, conducted or participated in by one or more persons, whether or not such person or persons are compensated for such performance, and which is exempted from payment of income tax under Section 23701d of the California Revenue and Taxation Code and Section 501(c)(3) of the Internal Revenue Code of the United States. A “non-profit theater” shall not include any dance hall, as defined in Section 1022 of the San Francisco Police Code, a billiard parlor, pool hall, bowling alley, or adult entertainment business as defined in Section 790.36 of this Code.

C.

Bowling Alleys. A bowling alley shall be permitted to serve alcoholic beverages along with any Restaurant use which is functionally and/or physically integrated with such bowling alley.

D.

Single Screen Movie Theaters. A single screen movie theater shall be permitted to serve alcoholic beverages, provided that (i) such use is defined as a movie theater in Section 790.64 of this Code and contains only a single screen and auditorium, (ii) only beer and wine are offered for consumption, and (iii) such beer and wine are: (aa) only consumed on the premises and primarily in the main theater auditorium, (bb) only sold and consumed by ticketholders and only immediately before and during performances, and (cc) only offered in conjunction with the screening of films and not as an independent element of the establishment that is unrelated to the viewing of films.

2.

The following uses shall be eligible for liquor licenses transferred from within the district:

A.

General Groceries as defined in Section 790.102 (a) of this Code or Specialty Groceries, as defined in Section 790.102 (b) that are 5,000 square feet or smaller so long as the percentage of gross square footage devoted to alcohol sales is consistent with the limits set forth in Section 703.2(b)(1)(C)(vi). Such use shall require a Conditional Use authorization and shall be limited to a Type 20 Liquor License for Specialty Groceries and General Groceries, except that such use shall not sell a single beer or malt beverage in a container size of 24 oz. or smaller, or sell any malt beverage with an alcohol content greater than 5.7% by volume; or any wine in a container size less than 375 ml or with an alcohol content of greater than 15% by volume, except for “dinner wines” that have been aged two years or more and maintained in a corked bottle.

B.

General Groceries as defined in Section 790.102 (a) of this Code or Specialty Groceries, as defined in Section 790.102 (b) that are greater than 5,000 square feet. Such use shall require a Conditional Use authorization and shall be subject to the limitations set forth in Section 790.55 of this Code.

C.

A new or relocated Bar, as defined in Section 790.22, shall be considered pursuant to the underlying zoning, except that such authorization shall be as a Conditional Use. A new Bar shall use a liquor license transferred from another Bar from within the SUD.

c.

Existing Liquor Establishments. For purposes of this subsection, “liquor establishment” shall mean any establishment licensed by the State of California to sell alcoholic beverages except for those uses listed in subsection (b)(1)-(2) above. Any liquor establishment lawfully existing prior to the effective date of this Ordinance No. 180-13 and licensed by the State of California for the retail sale of alcoholic beverages, so long as otherwise lawful, is considered a nonconforming use pursuant to Section 180 , and is subject to the restrictions of Sections 181 and 183 with the following exceptions:

1.

Renovation and Repair. Temporary closure of an existing liquor establishment for not more than 120 days for repair, renovation or remodeling is allowed so long as such repair, renovation, or remodeling brings the existing use into closer conformity with the controls of this SUD, with the underlying zoning, or with urban design principles found elsewhere in this Code for active ground floor commercial spaces.

2.

Relocation. Relocation of an existing liquor establishment in this SUD to another location within this SUD may be allowed with Conditional Use authorization from the Planning Commission.

3.

Expansion. An existing liquor establishment may expand its use with Conditional Use authorization from the Planning Commission. In reviewing the application for such expansion, the Commission shall consider the establishment’s prior operating conditions.

d.

Good Neighbor Policies. The operating conditions established in Section 703.5 of this Code shall apply to all liquor establishments in this SUD in order to maintain the safety and cleanliness of the premises and vicinity. In addition, all new, relocated, or expanded liquor establishments, and any liquor establishment with a license referred for review to the Planning Department by the State of California Department of Alcohol Beverage Control, shall comply with the requirements set forth below. Liquor establishment shall have the meaning set forth in subsection (c) above.

1.

The liquor establishment shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and any adjacent parking, as appropriate to maintain security, without disturbing area residences.

2.

No more than 33 percent of the square footage of the windows and clear doors of the liquor establishment shall bear advertising or signage of any sort, and all advertising and signage shall be placed and maintained in a manner than ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises from the exterior public sidewalk or entrance to the premises. This requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises. Street facing facades shall maintain at least 50 percent clear and visually-permeable glazing.

For any use authorized pursuant to a Conditional Use authorization after the effective date of Ordinance No. ______ repeated violations of the Good Neighbor Policies set forth in this Section, of the operating conditions set forth in Section 703.5 of this Code, or of any conditions associated with a Condition of Approval shall require a hearing at the Planning Commission to consider revocation of the Conditional Use authorization.

e.

Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the Mission Alcoholic Beverage Special Use Subdistrict are within the Fringe Financial Service Restricted Use District established by Section 249.35 and are subject o the controls and exemptions set forth in Section 249.35.

AMENDMENT HISTORY

History

(Added by Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011; amended by Ord. 220-11 , File No. 110767, App. 11/15/2011, Eff. 12/15/2011; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012; Ord. 56-13 , File No. 130062, App. 3/28/2013, Eff. 4/27/2013; Ord. 180-13 , File No. 130459, App. 8/7/2013, Eff. 9/6/2013)

Formerly codified as Sec. 781.8; see that section for prior legislative history. Section renumbered; Ord. 140-11, Eff. 8/4/2011. Former divisions (c), (d), and (e) redesignated as (c)(1), (c)(2), and (d), respectively; divisions (c)(3) and (c)(4) added; Ord. 220-11 , Eff. 12/15/2011. Divisions (c)(1) and (c)(3) amended; Ord. 75-12 , Eff. 5/23/2012. Divisions (c)(1) and (c)(2) amended; Ord. 56-13 , Eff. 4/27/2013. Undesignated introductory material and division (a) amended; new division (b) added; former division (b) redesignated as (c) and amended; former division (c) deleted; new division (d) added; former division (d) redesignated as (e); Ord. 180-13 , Eff. 9/6/2013.

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