TITLE
Recommendation to declare ordinance amending the Long Beach Municipal Code by adding Chapter 21.57 relating to Alcohol Nuisance Abatement, read and adopted as read. (Citywide)
DISCUSSION
In July 2012, the City Council directed the Planning Commission to review current zoning regulations as they relate to existing liquor stores with Type 21 (beer, wine and distilled spirits for off premises consumption) licenses; consider the feasibility of implementing performance standards and/or a Conditional Use Permit (CUP) requirement for those stores without such regulations; consider possible incentives that could be offered to existing businesses that are willing to immediately accept the imposition of appropriate regulations; and establish a pilot study area in North Long Beach for initial implementation of the Ordinance.
On May 16, 2013, the Planning Commission unanimously voted to recommend approval of amending the Zoning Code by adding Chapter 21.57 related to Alcohol Nuisance Abatement.
Currently, liquor stores are allowed in commercial zoning districts subject to the issuance of a CUP. The CUP process allows the City to review each liquor store application on an individual basis and attach necessary conditions of approval for the store to address operational concerns associated with the use, and ensure compatibility with surrounding uses. Additionally, the CUP process is the only mechanism available to the City to regulate the sale of alcohol. However, the CUP provision for liquor stores was not adopted until 1988. Therefore, establishments in existence prior to 1988 are permitted to operate as a legal nonconforming “grandfathered” use, without specific conditions regarding the location or use. This lack of operating or performance standards may increase the likelihood that nuisance activity occurs and limits the City’s ability to address nuisance issues.
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