§ 22.46.2090. Alcoholic Beverages Regulations  


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  • The sale and service of alcoholic beverages for on-site and off-site consumption shall be permitted subject to the provisions of this Section. Entities that sell and serve alcoholic beverages for on-site consumption and off-site consumption shall obtain approvals from other agencies, as required, including licenses or permits from the State Department of Alcoholic Beverages Control (ABC).

    A. Existing Establishments/Uses. There are 20 establishments existing as of the effective date of this Specific Plan as shown on Exhibit 8-A that are permitted to sell and serve alcoholic beverages for on-site consumption including one (1) that also is permitted for off-site consumption sales within the Universal Studios Specific Plan area. Within 30 days of the effective date of this Specific Plan, the Universal Studios Specific Plan area property owner shall provide the Director a list of the existing establishments including the address and the type of alcohol permit of each establishment and their respective floor plan(s). An additional 15 new establishments for the sale and/or service of alcoholic beverages for on-site and/or off-site consumption may be permitted within the Universal Studios Specific Plan area pursuant to the regulations set forth below.

    1. Establishments existing as of the effective date of this Specific Plan, which sell and/or serve alcoholic beverages.

    a. Establishments existing as of the effective date of this Specific Plan, and which were authorized by issuance of a conditional use permit for alcohol sales. Those eight (8) establishments identified on Exhibit 8-A, which exist upon the effective date of this Specific Plan and have been authorized by issuance of a conditional use permit from the County, are hereby authorized to continue in operation under this Specific Plan. Those eight (8) establishments shall be subject to Section 22.46.2090.A.1.d below and the applicable provisions and conditions as set forth in Exhibit 8-B of this Specific Plan upon the effective date of this Specific Plan.

    b. Establishments existing as of the effective date of this Specific Plan and which were established prior to adoption of Ordinance 92-0097. Those ten (10) establishments identified on Exhibit 8-A, which exist upon the effective date of this Specific Plan and which existed prior to the County's requirement to obtain a conditional use permit are hereby authorized to continue in operation under this Specific Plan. Those ten (10) establishments, which include the Theme Park, Amphitheater, and eight (8) restaurants, shall be subject to Section 22.46.2090.A.1.d below and the applicable provisions and conditions as set forth in Exhibit 8-B and 8-C of this Specific Plan, as applicable, upon the effective date of this Specific Plan.

    c. Establishments that were originally authorized by the City of Los Angeles and which are located in areas which will become part of the Universal Studios Specific Plan area. Those two (2) establishments identified on Exhibit 8-A, which exist upon the effective date of this Specific Plan and that were authorized by the City of Los Angeles, one (1) pursuant to a conditional use permit and one (1) pursuant to a variance, are hereby authorized to continue in operation under this Specific Plan as of the effective date of the annexation and detachment actions as described in Section 22.46.2000.B of this Specific Plan should those actions be approved. Those two (2) establishments, which include a restaurant and a restaurant/club, shall be subject to Section 22.46.2090.A.1.d below and the applicable provisions and conditions as outlined in Exhibit 8-B of this Specific Plan as of the effective date of the annexation and detachment actions should those actions be approved.

    d. The existing establishments authorized pursuant to Section 22.46.2090.A.1.a-c above shall require a new approval pursuant to Section 22.46.2090.D below if:

    i. The establishment proposes to substantially change the type of alcohol permit (e.g. from on-site to off-site consumption);

    ii. There is a substantial change in the type of establishment (e.g. from a restaurant to a bar);

    iii. There is a cumulative increase of greater than 10 percent in Floor Area devoted to the sale or service of alcoholic beverages or a cumulative increase of greater than 25 percent in facing used for the display of alcoholic beverages; and

    iv. The establishment abandons operations for three (3) months or more. Notwithstanding the foregoing, abandonment shall not include closures for change of tenant or operator, reconstruction, refurbishing or modifications to the existing establishments, however, abandonment shall include a change of tenant or operator that results in the establishment no longer selling or serving alcoholic beverages.

    e. The provisions of Section 22.46.2090.A.1.d above shall apply to the establishments described in Section 22.46.2090.A.1.c above as of the effective date of the annexation and detachment actions should those actions be approved.

    2. Modifications to Existing Establishments. Cumulative changes of 10 percent or less in Floor Area devoted to the sale or service of alcoholic beverages, or change of owner/operator, shall not require a new approval.

    3. New Establishments/Uses. Following the effective date of this Specific Plan, in addition to the establishments selling and serving alcoholic beverages existing as of the effective date of this Specific Plan as provided for in Section 22.46.2090.A.1.a, A.1.b and A.1.c above, a maximum of 15 new establishments shall be permitted to sell and serve a full line of alcoholic beverages as provided in Section 22.46.2090.B, C, and D below.

    B. Alcohol Use Approval Process for Hotel Use.

    1. Procedure. A Hotel shall be considered a single establishment and shall be permitted to sell and serve a full line of alcoholic beverages for on-site consumption: (a) as part of its banquets, lobbies, meeting rooms, pool areas and room services; (b) within mini-bars located in each guest room; and (c) within a restaurant establishment(s) physically located within the Hotel that does/do not exceed a combined seating capacity of 500. Additional establishments within the Hotel seeking to sell and/or serve alcoholic beverages shall be subject to Section 22.46.2090.D below. The operator of the Hotel shall apply to the Director for an Alcohol Use Approval following the same procedures as a Substantial Conformance Review. The Director's review of the Alcohol Use Approval application for the Hotel shall follow the same procedures as required for a Substantial Conformance Review as set forth in Section 22.46.2190 of this Specific Plan, except that the Director's review of the Alcohol Use Approval application shall be limited to review of substantial compliance with the conditions set forth in the Alcoholic Beverages Regulations of this Specific Plan.

    2. Exception. Cumulative changes of 10 percent or less in Floor Area devoted to the sale or service of alcoholic beverages, or change of owner/operator, shall not require a new Alcohol Use Approval.

    3. Conditions. A Hotel shall comply with the conditions for on-site alcohol consumption listed in Exhibit 8-B.

    C. Alcohol Use Approval Process for Cinemas.

    1. Procedure. The cinemas in CityWalk (a multi-screen theater complex) shall be considered a single establishment and shall be permitted to sell and serve a full line of alcoholic beverages for on-site consumption only within the upper floors and balconies that are accessed separately from the main theaters on the ground level. The operator of the cinemas shall apply to the Director for an Alcohol Use Approval following the same procedures as a Substantial Conformance Review. The Director's review of the Alcohol Use Approval application for the cinemas shall follow the same procedures as required for a Substantial Conformance Review as set forth in Section 22.46.2190 of this Specific Plan, except that the Director's review of the Alcohol Use Approval application shall be limited to review of substantial compliance with the conditions set forth in the Alcoholic Beverages Regulations of this Specific Plan.

    2. Exception. Cumulative changes of 10 percent or less in Floor Area devoted to the sale or service of alcoholic beverages, or change of owner/operator, shall not require a new Alcohol Use Approval provided that the sale of alcoholic beverages is limited to the upper floors and balconies of the cinemas.

    3. Conditions. The cinemas shall comply with the conditions for on-site alcohol consumption listed in Exhibit 8-B.

    D. Approval Process for Other New Alcohol Use Establishments. Any additional establishments requesting to sell or serve alcoholic beverages for either on-site or off-site consumption beyond those permitted by Section 22.46.2090.A—C above, shall be subject to a Conditional Use Permit pursuant to, and the modification, inspection and enforcement requirements of, Sections 22.56 and 22.60 of the Zoning Code, except that:

    1. The Hearing Officer shall preside over the initial public hearing for the Conditional Use Permit. The Hearing Officer's decision shall only be appealed to the Board of Supervisors. The decision of the Hearing Officer may be called up for review by the Board of Supervisors.

    2. Notwithstanding any other provision of Section 22.60 of the Zoning Code, upon receiving an appeal or initiating a call for review, the Board of Supervisors may:

    a. Affirm the action of the Hearing Officer; or

    b. Refer the matter back to the Hearing Officer for further proceedings with or without instructions; or

    c. Require a transcript of the testimony and any other evidence relevant to the decision and take such action as in its opinion is indicated by the evidence. In such case, the Board of Supervisors' decision need not be limited to the points appealed, and may cover all phases of the matter, including the addition or deletion of any conditions.

    3. Conditions. Other new alcohol use establishments shall comply with the conditions for on-site alcohol consumption listed in Exhibit 8-B and/or conditions for off-site alcohol consumption listed in Exhibit 8-C, as applicable.

    E. Alcohol Use Approval Applications.

    1. In addition to the Substantial Conformance Review application requirements set forth in Section 22.46.2190 of this Specific Plan, each application for an Alcohol Use Approval under Section 22.46.2090.B and C above shall include:

    a. A site plan, depicting floor plan, seating areas, and alcohol shelf space for the subject establishment;

    b. A table including the proposed establishment and existing establishments that sell and serve alcohol within the Universal Studios Specific Plan area existing as of the time of the Alcohol Use Approval application indicating the type of permit (e.g. on-site or off-site), type of establishment (e.g. restaurant, nightclub, or retail), and District (Business, Studio, or Entertainment) location as of the time of the Alcohol Use Approval application; and

    c. A copy of the State Alcohol Beverage Control violation report for establishments within the Universal Studios Specific Plan area.

    F. Inspection and Enforcement of Alcohol Use Establishments Permitted Pursuant to Section 22.46.2090.A, B and C above.

    1. Zoning Enforcement may inspect each alcohol use establishment at least once per year to determine compliance with the alcohol regulations and conditions of this Specific Plan. The Universal Studios Specific Plan area property owner shall compensate the Department of Regional Planning for the reasonable expenses incurred in conducting the inspection pursuant to Section 22.46.2180.E of this Specific Plan.

    2. If the Director believes that an alcohol use establishment is in violation of the Alcoholic Beverages Regulations of this Specific Plan, or is detrimental to public health or safety or is a nuisance, the Director may provide written notification to the operator of the establishment and the Universal Studios Specific Plan area property owner requiring that the alleged violation be remedied. If the alleged violation is not remedied within the time specified by the written notification, and the Director makes written findings that the establishment violates the Alcoholic Beverages Regulations of this Specific Plan or is detrimental to public health or safety or is a nuisance, then the Director shall comply with the following:

    a. The Director shall give notice to the operator of the establishment and the Universal Studios Specific Plan area property owner to appear at a public hearing before the Hearing Officer at a time and place fixed by the Director and the Hearing Officer to determine whether the Alcohol Use Approval should be modified or revoked, and the operator and owner shall show cause why the Alcohol Use Approval should not be modified or revoked by the Hearing Officer.

    b. Not less than 30 days prior to the date of the hearing, the Director shall cause a copy of a notice of the time and place of such hearing to be (i) published once in a newspaper of general circulation in the County and (ii) mailed by first class mail, postage prepaid, to owners of land within a distance of 500 feet from the exterior boundaries of the subject parcel, and to any person who has filed a written request therefore with the Director.

    c. Within ten (10) days of the hearing, the Director shall serve notice of the Hearing Officer's action upon (i) the operator of the establishment, (ii) the owner of the property and (iii) any person testifying or speaking at the public hearing, by registered or certified mail, postage prepaid, return receipt requested.

    3. The decision of the Hearing Officer may be appealed to the Board of Supervisors by filing a written request with the executive officer of the Board within ten (10) days after the Hearing Officer serves notice of his/her action. The Board of Supervisors shall hear the matter within 60 days following receipt of the written request for a hearing by the Board. Notice of the hearing shall be provided to the persons set forth in Section 22.46.2090.F.2.b above. The Board of Supervisors may approve, modify or disapprove the action of the Hearing Officer. The Board of Supervisors' action shall be supported by written findings. The Board of Supervisors shall serve notice of its action upon (i) the operator of the establishment, (ii) the owner of the property and (iii) any person testifying or speaking at the public hearing who wished to be notified, by registered or certified mail, postage prepaid, return receipt requested.

(Ord. 2013-0010 § 10, 2013.)