§ 788.

LOWER POLK STREET ALCOHOL RESTRICTED USE DISTRICT

a.

Findings. There is a large number of establishments dispensing alcoholic beverages, including beer and wine, for consumption on Polk Street between California Street to the north, O’Farrell Street to the south, and Polk Street’s side streets between, but not including, Van Ness Avenue and Larkin Street to the west and east, and between, but not including, California Street to the north and O’Farrell Street to the south. 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, and 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. While nightlife is a significant cultural and economic positive that generates tax revenue and jobs. San Francisco needs to ensure that nightlife is safe and responsible while encouraging a vibrant nightlife.

b.

Establishment of the Lower Polk Street Alcohol Restricted Use District. In order to preserve the residential character and the neighborhood-serving commercial uses of the area, the Lower Polk Street Alcohol Restricted Use District is hereby established for the properties located on Polk Street between California Street to the north, O’Farrell Street to the south, and Polk Street’s side streets between, but not including, Van Ness Avenue and Larkin Street to the west and east, and between, but not including, California Street to the north and O’Farrell Street to the south. The Lower Polk Street Alcohol Restricted Use District shall be designated on Map Sheet Number ZN-02 on the Zoning Map of the City and County of San Francisco.

c.

Definitions.

1.

A “liquor establishment” shall mean any enterprise selling alcoholic beverages, as defined by California Business & Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license. It shall not be interpreted to mean an establishment that

A.

operates as a Bona Fide Eating Place, as defined in Section 790.142 of this Code, or

B.

operates as an “other retail sales and service”use that sells  general groceries or specialty groceries, as defined in Planning Code Section 790.102(a) or (b), respectively.

2.

An “off sale liquor establishment” shall mean a Liquor Store as defined in Planning Code Section 790.55.

3.

An “on sale liquor establishment” shall mean a Bar as defined in Planning Code Section 790.22.

d.

Controls.

1.

No new on-sale or off-sale liquor establishment shall be permitted in the Lower Polk Street Alcohol Restricted Use District; provided that a liquor establishment located in the Lower Polk Street Alcohol Restricted Use District may transfer its alcohol license to another site, either within or outside the Lower Polk Street Alcohol Restricted Use District; provided further that a liquor establishment located outside the Lower Polk Street Alcohol Restricted Use District shall not transfer any alcohol license to a liquor establishment located within the Lower Polk Street Alcohol Restricted Use District; and provided further that any transfer of an alcohol license to a new location within the Lower Polk Street Alcohol Restricted Use District shall require a conditional use permit for the new liquor establishment.

2.

Whenever a liquor establishment has discontinued its use for a continuous period of one year or more, the liquor establishment shall be deemed to have abandoned its use as a liquor establishment; provided that a break in continuous operation shall not be interpreted to include the following, as long as 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:

A.

Re-establishment, restoration or repair of an existing liquor establishment on the same lot after total or partial destruction or damage due to fire, riot, insurrection, toxic accident or other force majeure ; or

B.

Temporary closure of an existing liquor establishment for repair, renovation or remodeling, provided that permit applications for the repair, renovation or remodeling work shall be submitted to the City upon or prior to the temporary closure and such permits and work shall be pursued diligently to completion; or

C.

A change in ownership of a Liquor Establishment or an owner-to-owner transfer of an ABC License.

3.

New Restaurants with Types 47 and 49 liquor licenses may operate past 12:00 midnight provided that the Restaurant serves food in the following manner, until the time it closes:

A.

It continues to serve meals to guests for compensation and has available kitchen facilities connected therewith, for cooking of an assortment of foods which may be required for ordinary meals; and

B.

“Meals” that are offered after midnight shall mean an assortment of foods commonly ordered at various hours of the day for breakfast, lunch or dinner. Incidental food service, comprised only of appetizers to accompany drinks, is not considered a meal. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance; and

C.

“Guests” shall mean persons who come to the Restaurant after midnight for the purpose of obtaining, and actually order and obtain at such time, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage.

e.

Sunset Provision. This Section 788 shall be repealed five (5) years after its initial Effective Date unless the Board of Supervisors, on or before that date, extends or re-enacts it.

History

(Added by Ord. 74-13 , File No. 121065, App. 4/30/2013, Eff. 5/30/2013)

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