There is an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for both on-site and off-site consumption in the Haight-Ashbury neighborhood. A concentration of alcoholic beverage establishments in a neighborhood disrupts the desired mix of land uses that contribute to a livable neighborhood and discourages more desirable and needed commercial uses in the area. A concentration of establishments selling alcoholic beverages in an area may therefore contribute to the deterioration of the neighborhood and to the concomitant devaluation of property and destruction of community values and quality of life. These effects contribute to peace, health, safety and general welfare problems in these areas, including loitering, littering, public drunkenness, driving while intoxicated, defacement and damaging of structures, pedestrian obstructions, as well as traffic circulation, parking and noise problems on public streets and neighborhood lots, and other nuisance activities. The existence of such problems creates serious impacts on the health, safety and welfare of residents of nearby single- and multiple-family areas. These impacts include fear for the safety of children, elderly residents and visitors to the area.
Haight Street Alcohol Restricted Use Subdistrict Established. In order to preserve the residential character and the neighborhood-serving commercial uses of the Haight-Ashbury neighborhood, the Haight Street Alcohol Restricted Use Subdistrict (Haight Street Alcohol RUSD) is hereby established with boundaries coterminous with the Haight Street Neighborhood Commercial District as designated on Sectional Map numbers 6 and 7. The Haight Street Alcohol RUSD is designated on Section Map Numbers 6SU and 7SU.
No new on-sale or off-sale liquor establishment shall be permitted in the Haight Street RUSD, except for up to 4 additional Restaurants in accordance with the zoning controls set forth in Section 719.
These controls also shall apply within ¼-mile of the Haight Street Alcohol RUSD to nonconforming uses in R districts pursuant to Planning Code Section 186, and in NC-1 Districts, pursuant to the Special Provisions for NC-1 Districts which follows the Control Table constituting Sections 710.10 through 710.95.
The prohibition on Liquor Establishments shall not be interpreted to prohibit the following:
Temporary uses, as described in Planning Code Section 205.1 or 205.3; or
Establishment of a Liquor Establishment if application for such Liquor Establishment is on file with the California Department of Alcoholic Beverage Control prior to the effective date of legislation establishing the Haight Street Alcohol RUSD.
Establishment of a Liquor Establishment if:
such use is an eligible movie theater,
only beer and wine are offered for consumption, and
such beer and wine are:
only consumed on the premises and primarily in the main theater auditorium,
only sold to and consumed by ticketholders and only immediately before and during performances, and
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.
For purposes of this Section, an “eligible movie theater” shall be a movie theater as defined in Code Section 790.64 that contains only a single screen and auditorium, has seating for 150 or fewer persons, and is not a formula retail use as defined in Code Section 703.3(b).
Continuation of existing Prohibited Liquor Establishments. In the Haight Street Alcohol RUSD, any Prohibited Liquor Establishment may continue in accordance with Planning Code Section 180 through 186.2, subject to the following provisions. For purposes of this Section, the Haight Street Alcohol RUSD shall be considered to include, pursuant to Section 186 of this Code and to the Special Provisions for NC-1 Districts, the area within ¼-mile of the Haight Street Alcohol RUSD as mapped.
A Prohibited Liquor Establishment lawfully existing and selling alcoholic beverages as licensed by the State of California prior to the effective date of this legislation, or subsequent legislation prohibiting that type of Liquor Establishment, so long as otherwise lawful, may continue to operate only under the following conditions, as provided by California Business and Professions Code Section 23790:
Except as provided by Subsection (B) below, the premises shall retain the same type of retail liquor license within a license classification; and
Except as provided by Subsection (B) below, the licensed premises shall be operated continuously, without substantial change in mode or character of operation.
A break in continuous operation shall not be interpreted to include the following, provided that the location of the establishment does not change, the square footage used for the sale of alcoholic beverages does not increase, and the type of California Department of Alcoholic Beverage Control Liquor License (“ABC License”) does not change except as indicated:
A change in ownership of a Prohibited Liquor Establishment or an owner-to-owner transfer of an ABC License; or
Re-establishment, restoration or repair of an existing Prohibited Liquor Establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or act of God; or
Temporary closure of an existing Prohibited Liquor Establishment for not more than ninety (90) days for repair, renovation or remodeling;
Re-location of an existing Prohibited Liquor Establishment in the Haight Street Alcohol RUSD to another location within the same Haight Street Alcohol RUSD with conditional use authorization from the City Planning Commission, provided that the original premises shall not be occupied by a Prohibited Liquor Establishment, unless by another Prohibited Liquor Establishment that is also relocating from within the Haight Street Alcohol RUSD.
A change from a Type 21 (off-sale general) to a Type 20 (off-sale beer and wine) license.
A “liquor establishment” shall mean any enterprise selling alcoholic beverages, as defined by California Business and Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license.
An “on-sale liquor establishment” shall mean any liquor establishment which has obtained Alcoholic Beverage Control Board License type 40 (on-sale beer), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine public premises), type 47 (on-sale general eating place), type 48 (on-sale general-public premises) or type 57 (special on-sale general) selling alcoholic beverages for consumption on the premises. Typical on-sale establishments may include but are not limited to bars and restaurants serving alcoholic beverages. It shall not include types 51, 52, 59, 60, 61, 67, 70 or 75.
An “off-sale liquor establishment” shall mean any establishment that is defined in Section 790.55 of this Code.
A “prohibited liquor establishment” shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of the establishment of the Haight Street Alcohol RUSD and licensed by the State of California for the retail sale of alcoholic beverages for on or off-site consumption, so long as otherwise lawful.
Fringe Financial Services. In addition to all other applicable controls set forth in this Code, properties in the Haight Street Alcohol Restricted Use Subdistrict are within the Fringe Financial Service Restricted Use District established by Section 249.35 and are subject to the controls and exemptions set forth in Section 249.35.
(Added by Ord. 229-99, File No. 990991, App. 8/20/99; amended by Ord. 64-06, File No. 051841, App. 4/6/2006; Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 88-08, File No. 071669, App. 5/21/2008; Ord. 75-12 , File No. 120084, App. 4/23/2012, Eff. 5/23/2012)
Division (a)(1) amended; Ord. 75-12 , Eff. 5/23/2012.