§ 784.

LOWER HAIGHT STREET ALCOHOL RESTRICTED USE DISTRICT

a.

Findings. There are an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for off-site consumption in the Neighborhood Commercial Cluster Districts located generally along Haight Street at Scott Street and generally along Haight Street at Pierce Street and in the Small-Scale Neighborhood Commercial District located generally along Haight Street at and between Steiner and Webster Streets. The existence of this many off-sale 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 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 for off-site consumption and the associated problems discourage more desirable and needed commercial uses in the area.

b.

Establishment of the Lower Haight Street Alcohol Restricted Use District. In order to preserve the residential character and the neighborhood-serving commercial uses of the area, the Lower Haight Street Alcohol Restricted Use District (Lower Haight Street Alcohol RUD) is hereby established for the following:

1.

Properties in the Neighborhood Commercial Cluster District located generally along Haight Street at Scott Street;

2.

Properties in the Neighborhood Commercial Cluster District located generally along Haight Street at Pierce Street;

3.

Properties in the Small-Scale Neighborhood Commercial District located generally along Haight Street at and between Steiner and Webster Streets.

The above Neighborhood Commercial Cluster Districts and Small-Scale Neighborhood Commercial District are designated on Sectional Map Number 7 of the Zoning Map of the City and County of San Francisco. Block and lot numbers for the properties included in these districts are on file with the Clerk of the Board of Supervisors in File No. 060537 and are incorporated herein by reference. The Lower Haight Street Alcohol RUD is designated on Sectional Map Number 7SU of the Zoning Map of the City and County of San Francisco.

1.

No new off-sale liquor establishments shall be permitted in the Lower Haight Street Alcohol RUD.

2.

The prohibition on off-sale liquor establishments shall not be interpreted to prohibit the following:

A.

Temporary uses, as described in Planning Code Section 205.1 or 205.3; or

B.

Establishment of an off-sale 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 this ordinance establishing the Lower Haight Street Alcohol RUD.

3.

Continuation of Existing Prohibited Liquor Establishments. In the Lower Haight 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.

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:

i.

Except as provided in subsection (B) below, the premises shall retain the same type of retail liquor license within a license classification; and

ii.

Except as provided in subsection (B) below, the liquor establishment shall be operated continuously, without substantial changes in mode or character of operation.

B.

A break in continuous operation shall not be interpreted to include the following, provided that, except as indicated below, 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:

i.

A change in ownership of a prohibited liquor establishment or an owner-to-owner transfer of an ABC License;

ii.

Temporary closure for 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;

iii.

Temporary closure of an existing prohibited liquor establishment for reasons other than total or partial destruction or damage due to fire, riot, insurrection, toxic accident, or act of God for not more than thirty (30) days for repair, renovation, or remodeling; or

iv.

Relocation of an existing prohibited liquor establishment in the Lower Haight Street Alcohol RUD to another location within the same Lower Haight Street Alcohol RUD with conditional use authorization from the 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 Lower Haight Street Alcohol RUD.

c.

Definitions. The following definitions shall apply to this Section 784.

1.

An “off-sale liquor establishment” shall mean any establishment that is defined in Section 790.55 of this Code.

2.

A “prohibited liquor establishment” shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of this ordinance and licensed by the State of California for the sale of alcoholic beverages for off-site consumption (“off-sale”), so long as otherwise lawful.

AMENDMENT HISTORY

History

(Added by Ord. 32-07, File No. 060537, App. 2/22/2007; amended by Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011)

Former division (d) ("Sunset Provision") deleted; Ord. 140-11, Eff. 8/4/2011.

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