There are an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for off-site consumption in the Small-Scale Neighborhood Commercial District along Divisadero Street between Haight and Geary Streets. The existence of this many alcoholic beverage establishments appears to contribute directly to numerous peace, health, safety and general welfare problems in the area, including loitering, littering, public drunkenness, defacement and damaging of structures, pedestrian obstructions, as well as traffic circulation, parking and noise problems on public streets and neighborhood lots. The existence of such problems creates serious impacts on the health, safety and welfare of residents of nearby single- and multiple-family areas, including fear for the safety of children, elderly residents and of visitors to the area. The problems also contribute to the deterioration of the neighborhood and concomitant devaluation of property and destruction of community values and quality of life. The number of establishments selling alcoholic beverages and the associated problems discourage more desirable and needed commercial uses in the area.
In order to preserve the residential character and the neighborhood-serving commercial uses of the area, the Divisadero Street Alcohol Restricted Use District (Divisadero Street Alcohol RUD) is hereby established for the properties in the Small-Scale Neighborhood Commercial District along Divisadero Street between Haight and Geary Streets, as designated on Sectional Map numbers 2 and 7. The Divisadero Street Alcohol RUD is designated on Sectional Map Numbers 2SU and 8SU.
No new off-sale liquor establishments shall be permitted in the Divisadero Street Alcohol RUD.
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 an 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 Divisadero Street Alcohol RUD.
Re-location of an existing liquor establishment from outside the Divisadero Street Alcohol RUD to a location within the Divisadero Street Alcohol RUD if that liquor establishment received conditional use authorization from the City Planning Commission prior to the effective date of this legislation.
Continuation of Existing Prohibited Liquor Establishments. In the Divisadero Street Alcohol RUD, any Prohibited Liquor Establishment may continue in accordance with Planning Code Section 180 through 186.2, subject to the following provisions:
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 Divisadero Street Alcohol RUD to another location within the same Divisadero Street Alcohol RUD 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 with the Divisadero Street Alcohol RUD.
The following shall apply to all liquor establishments in the Divisadero Street Alcohol RUD in order to maintain the safety of the premises and vicinity:
Liquor establishments shall provide outside lighting in a manner sufficient to illuminate street and sidewalk areas and adjacent parking, as appropriate to maintain security, without disturbing area residences;
No more than 33 percent of the square footage of the windows and clear doors of Liquor establishments shall bear advertising or signage of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, 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.
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 “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 Divisadero Street Alcohol RUD and licensed by the State of California for the retail sale of alcoholic beverages for 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 Divisadero Street Alcohol Restricted Use District 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. 41-04, File No. 031151, App. 3/19/2004; Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007)