75A - PH - ORDINANCE REGULATING ALCOHOL SALE

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Zoning Ordinance Amendment No. 2012-03 November 26, 2012 Page 2 In 1997 the City Council created a threshold to be used in the evaluation of liquor license applications for stores, requiring that stores less than 20,000 square feet in size be subject to an over-concentration standard. This ordinance was adopted in an effort to reduce neighborhood crime associated with a proliferation of liquor stores, particularly those that relied on single-can sales as a primary part of their business. Between the establishment of the original CUP requirement in 1988 and today, the City has been very successful in regulating alcohol sales and significantly reducing crimes associated with such activity. Also during that intervening time the City has begun to see changes in the way that businesses offer alcohol sales, which has in turn highlighted areas for improvement in the City's current regulations and application processes. In November of 2011, based on many comments from the public regarding the City's current alcohol sales and entertainment policies, a study session of the Planning Commission was convened to evaluate these issues. This began a year- long process to craft new regulations. The proposed amendments to the Santa Ana Municipal Code (SAMC) would create a simplified and streamlined process for obtaining alcohol sales CUP's, as well as create standard conditions for both off-sale and on-sale licenses. At the same time these proposed revisions will ensure that the major improvements in public safety are maintained and that non-alcohol serving businesses aren't put at a disadvantage by these new regulations. Chapter 41 - Zoning Ordinance Amendment The proposed amendments to the zoning ordinance will address the following areas: • The creation of definitions for terms which currently exist in the code, but for which no description is provided. • Streamlining of the conditional use permit process for alcohol sales by rescinding the authority of the Zoning Administrator to take a preliminary action on such items and instead, having them heard directly by the Planning Commission. • Clarifies the process for obtaining a letter of public convenience or necessity. • Reduces the threshold for separation criteria and over-concentration from 20,000 square feet to 10,000 square feet for stores wishing to sell alcohol as an ancillary part of their business. • Creates standard conditions of approval for both off-sale and on-sale licenses. • Creates a new "Entertainment Permit" to allow for the provision of live entertainment. Chapter 11 - Entertainment Chapter 11 of the SAMC was first adopted in 1957 in order to regulate public dancing. It has changed very little since its initial adoption and is no longer an effective tool to regulate dancing or other forms of live entertainment. The proposed changes to this section of the SAMC would entirely replace Chapter 11 - Dancing with Chapter 11 - Entertainment and would cover a more 75A-8