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HomeMy WebLinkAboutItem A 1�SEACeF�. l U 9�Zt AGENDA STAFF REPORT • r DATE: May 23, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: REVISION TO THE CITY OF SEAL BEACH COUNCIL POLICY PERTAINING TO STANDARD CONDITIONS FOR ALCOHOL RELATED LAND USES SUMMARY OF REQUEST: That the City Council adopt Resolution 6644, revising City Council Policy No. 600 pertaining to standard conditions for alcohol related land uses. BACKGROUND AND ANALYSIS: At the meeting of May 9, 2016 the City Council received a presentation from a potential buyer who proposes to renovate and reuse the locally designated historic Bay Theater. At the conclusion of the presentation, City Council instructed staff to return with an amended version of City Council Policy No. 600 (Policy) that would exempt locally designated historic buildings and properties from complying with the 100 foot locational provision. Currently, the Policy requires the Planning Commission to refer to standard conditions when considering the approval of permits for alcohol related land uses through the approval of a Conditional Use Permit. Specific conditions may be modified or deleted by the Planning Commission upon determination that one or more conditions cannot be properly applied to the request under consideration. A condition in the Policy currently states "No original issuance of a retail license or premise-to-premise transfer of a retail license shall be approved for premises within 100 feet of a residence." The property which the Bay Theater is situated is located within 100 feet of residentially zoned properties which under normal circumstances staff would not be able to recommend approval through a permit process based on existing policy. However, this standard condition conflicts with a Seal Beach Municipal Code provision in the Nonconforming Chapter relating to historic buildings which states: "The Planning Commission may authorize deviations from the Municipal Code necessary to preserve the structure or its historical significance." In order to minimize conflicts with policies and Municipal Code provisions, staff suggests the following amendment to the existing Policy Agenda Item A exemption language to allow for an exemption regarding licenses for beer and wine only located in proximity to residences where necessary to preserve a historic structure as designated by the City Council: Notwithstanding the foregoing provisions of this Standard Condition D 3, the Planning Commission may approve a conditional use permit for an alcohol related land use where the applicant establishes that the operation of the business or other land use would not interfere with the quiet enjoyment of property by residents and/or where the issuance of a conditional use permit for an alcohol-related land use that will be licensed only for beer and wine on sale is necessary for the preservation of an historic structure as designated by resolution of the City Council. Nothing in this proposed Policy amendment would change the California ABC's licensing requirements. Another proposed change to the Policy deletes a quotation of Regulation 69.3, which the ABC repealed in 2012. The Policy will now refer to existing statutory definitions rather than the regulation. ENVIRONMENTAL IMPACT: There is no environmental impact related to this item. LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: There is no financial impact related to this item. RECOMMENDATION: T at he City Council adopt Resolution 6644 revising City Council Policy No. 600 p:rtai ing to sta dard conditions for alcohol related land uses. S B TTEDrB : NOTED AND APPROVED: ' et . A :1/i irr:asham �'. Ingram, City eager Di y ctor of Community Development Attachment: A. Resolution 6644 B. Policy No. 600 Page 2 Attachment "A" RESOLUTION NUMBER 6644 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN AMENDMENT TO CITY COUNCIL POLICY 600 RELATING TO STANDARD CONDITIONS FOR ALCOHOL RELATED LAND USES THE SEAL BEACH CITY COUNCIL DOES HEREBY FIND AND RESOLVE: Section 1. The City Council has previously created a set of standard conditions to be applied to the approval of alcohol-related land uses in the City through City Council Policy 600. Section 2. The City Council also recognizes the importance of historic structures in the City and the need to preserve certain buildings having special architectural, cultural or historical value. The Municipal Code reflects that the preservation and reuse of such structures is a City priority that may require a balancing of differing land use values and a relaxation of certain development standards. Section 3. To help promote the preservation and reuse of historic structures in the City of Seal Beach, and to modernize the said Policy to be in accordance with current State regulations, the City Council hereby approves the amendment of City Council Policy 600, as shown in Exhibit A, which is incorporated herein by this reference. Section 4. This amendment is categorically exempt from CEQA review under CEQA Guidelines Sections 15301, 15305, and/or 15331, and statutorily exempt from CEQA review because it can be seen with certainty that this minor change to restrictions applicable to historic structures will not cause any adverse impact on the environment. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23d day of May, 2016 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Sandra Massa-Lavitt, Mayor Resolution Number 6644 ATTEST: Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6644 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 23rd day of May, 2016. Robin Roberts, MMC, City Clerk CITY OF SEAL BEACH COUNCIL POLICY SUBJECT STANDARD CONDITIONS FOR ALCOHOL RELATED LAND USES SECTION INDEX NO ISSUE DATE REVISION DATE COUNCIL APPROVAL CM APPROVAL 600 1 2/1993 5/23/2016 2/22/1993 5/23/2016 1. SCOPE Citywide. 2. PURPOSE AND INTENT To require the Planning Commission to utilize the following listing of Standard Conditions for approval of alcohol related land uses. 3. POLICY This policy shall require the Planning Commission to utilize the following Standard Conditions when considering the approval of permits for Alcohol Related Land Uses through the approval of a Conditional Use Permit application. Specific conditions may be modified or deleted by the Planning Commission upon a determination that one or more conditions cannot be properly applied to the request under consideration. Nothing in this policy statement shall limit the authority of the Planning Commission to impose additional conditions of approval upon alcohol related land uses pursuant to the authority granted the Planning Commission by the Code of the City of Seal Beach. D. STANDARD CONDITIONS OF APPROVAL FOR APPROVAL OF ALCOHOL RELATED LAND USES ON AND OFF PREMISES SALES: .1 CUP @ ( application number) is approved for ( number and type of license) at ( street address) and is issued to ( name of applicant) for ( name of business) .2 The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. In connection with City consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the Alcoholic Beverage Control Act, Business and Professions Code Section 23000 et seq., and Title 4 of the California Code of Regulations, including but not limited to Regulation 61.4, or as said statutes or regulations may be amended from time to time. .3 A conditional use permit shall not be approved for an alcohol related land use for premises at which either of the following conditions exist: (a) The premises are located within 100 feet of a residence. (b) The parking-lot or parking area which is maintained for the benefit of patrons of the premises, or operated in conjunction with the premises, is located within 100 feet of a residence. Where the parking lot is maintained for the benefit of patrons of multiple businesses in the vicinity of the premises, the parking lot area considered for the purpose of this rule shall be determined by the area necessary to comply with the off-street parking requirements mandated by local ordinance, or if there are no local requirements for off street parking, then the area which would reasonably be necessary to accommodate the anticipated parking needs of the premises, taking into consideration the type of business and operation contemplated. Distances provided for in this rule shall be measured by airline from the closest edge of any residential structure to the closest edge of the premises or the closest edge of the parking lot or parking area, as defined herein above, whichever distance is shorter. Standard Conditions of Approval for Alcohol Related Land Uses) This rule does not apply where the premises have been licensed and operated with the same type license within 90 days of the application. Notwithstanding the foregoing provisions of this Standard Condition D 3, the Planning Commission may approve a conditional use permit for an an alcohol related land use where the applicant establishes that the operation of the business or other land use would not interfere with the quiet enjoyment of property by residents and/or where the issuance of a conditional use permit for an alcohol-related land use that will be licensed only for beer and wine on-sale is necessary for the preservation of an historic structure as designated by resolution of the City Council. .4 The applicant shall furnish the City a copy of his ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. .5 The hours of operation shall be A.M. to P.M. daily. Or The hours of operation shall be A.M. to P.M./A.M., Sunday through Thursday, and A.M. to P.M./A.M., Friday and Saturday. .6 No video games or similar amusements shall be permitted on the premises. .7 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. .8 The applicant shall prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Community Development. .9 This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant, notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. .10 A modification of this Conditional Use Permit shall be obtained when: (a) The establishment proposes to change its type of liquor license. (b) The establishment proposes to modify any of its current conditions of approval. (c) There is a substantial change in the mode or character of operations of the establishment. .11 The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of Standard Conditions of Approval for Alcohol Related Land Uses) the Code of the City of Seal Beach occurs. .12 Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonable disturbing surrounding residential or commercial areas. A lighting plan shall be provided, subject to review and approval by the Director of Community Development, which promotes minimal disturbance to nearby residences and other uses. .13 In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code to require the provision of additional security measures. .14 The establishment shall have a public telephone listing. .15 It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law and this conditional use permit. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: (a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. (b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. (c) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. (d) Methods for dealing with intoxicated customers and recognizing underage customers. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria; 1) Department of Alcoholic Beverage Control LA.E..D. Program Website: http://www.abc.ca.gov/programs/Lead%20webpage.html 2) Orange County A.D.E.P.T. Program Website: http://ochealthinfo.com/phs/about/promo/adept .16 Litter and trash receptacles shall be located at convenient locations inside and outside the establishment and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 P. M. and 7:00 A. M. .17 In addition to all other conditions of this conditional use permit, the Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to the Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. .18 This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Community Development a minimum of ninety (90) days prior to such expiration date. .19 All alcoholic beverages sold in conjunction with the on-premise licensed establishment must be consumed entirely on the premises prior to closing time, and none shall be sold as take-out. .20 Conditional Use Permit # ( application number) shall be automatically terminated if the operation is no longer maintained in a manner that is consistent with the alcohol license type approved by the Planning Commission as defined by the California Department of Alcoholic Beverage Control. .21 The establishment must serve a complete menu of food until thirty (30) minutes prior to closing time. .22 There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a conditional use permit and/or incidental entertainment permit issued by the City in accordance with the requirements of the Municipal Code and unless such uses are consistent with the license conditions imposed by the State of California Department of Alcoholic Beverage Control. .23 The proposed facility shall comply with Chapter 7.15, "Noise," of the Code of the City of Seal Beach or as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 7.15. .24 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Consumption of alcoholic beverages shall be prohibited in the establishment's parking area. There shall be appropriate posting of signs both inside and outside the licensed premises indicating that drinking outside the licensed premises is prohibited by law. .25 The knowledge and skills deemed necessary for responsible alcoholic beverage services as set forth in Condition No. 15, shall include for on-premise licensed locations, but not be limited to the following additional topics and skills development: (a) Method to appropriately pace customer drinking to reduce the risk that the customer will not leave the premises in an intoxicated manner. (b) Knowledge of mixology, including marketable alternatives to alcoholic beverages. .26 Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. .27 All alcoholic beverages served in the outdoor dining area must be served in glass containers. .28 All outdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the Planning Commission. .29 Any canopy constructed over an outdoor dining area shall comply with all requirements of the Building Department and Fire Department. .30 The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises that drinking of alcoholic beverages on the premises is prohibited by law. The premises shall include the licensed premises prior, appurtenant and required parking areas, and appurtenant common areas if located in a commercial center. Depending upon the complexity of the issue under consideration by the Planning Commission, additional conditions of approval may be added to the above listing of items in order to fully insure that the proposed issuance of a land use approval for an alcoholic related land use is fully compatible with the surrounding neighborhood and that all adverse environmental impacts are mitigated to the fullest extent possible. Nothing in these conditions shall preclude the Planning Commission from denying an application for a conditional use permit for an alcoholic beverage-related use based on appropriate findings as set forth in Title 11 of the Municipal Code. Attachment "B" CITY OF SEAL BEACH COUNCIL POLICY SUBJECT STANDARD CONDITIONS FOR ALCOHOL RELATED LAND USES SECTION INDEX NO ISSUE DATE REVISION DATE COUNCIL APPROVAL CM APPROVAL 600 1 2/1993 5/23/2016 2/22/1993 5/23/2016 1. SCOPE Citywide. 2. PURPOSE AND INTENT To require the Planning Commission to utilize the following listing of Standard Conditions for approval of alcohol related land uses. 3. POLICY This policy shall require the Planning Commission to utilize the following Standard Conditions when considering the approval of permits for Alcohol Related Land Uses through the approval of a Conditional Use Permit application. Specific conditions may be modified or deleted by the Planning Commission upon a determination that one or more conditions cannot be properly applied to the request under consideration. Nothing in this policy statement shall limit the authority of the Planning Commission to impose additional conditions of approval upon alcohol related land uses pursuant to the authority granted the Planning Commission by the Code of the City of Seal Beach. D. STANDARD CONDITIONS OF APPROVAL FOR APPROVAL OF ALCOHOL RELATED LAND USES ON AND OFF PREMISES SALES: .1 CUP @ ( application number) is approved for ( number and type of license) at I street address) and is issued to ( name of applicant)for ( name of business) .2 The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. In connection with City consideration of an application, the applicant must demonstrate compliance with all restrictions placed upon the issuance of such license by the Alcoholic Beverage Control Act, Business and Professions Code Section 23000—to-2600 et seq., and Title 4 of the California Code of Regulations, including but not limited to Rule 61.3(a) and Regulation 61.4, includedac :or as said statutes or regulations may be amended from time to time. Tho applicant premises for an original or premises to premises transfer of any retail .o (1) As to on sale rotail liconso applications, tho ratio of on sale rotail licenses to population in tho census tract or census division in which the applicant premises are located (2) As to off sale retail license applications, the ratio of off sale retail licenses to population in the census tract or census division in which the applicant premises are located Notwithstanding the above, the department may issue a licence if the applicant This rule does not apply where the premises have been licensed and operated • - . - .. 11 .3 No original issuance of a retail license or premises-to-premises transfer of a retail license shall be approved for premises at which either of the following conditions exist: (a) The premises are located within 100 feet of a residence. (b) The parking-lot or parking area which is maintained for the benefit of patrons of the premises, or operated in conjunction with the premises, is located within 100 feet of a residence. Where the parking lot is maintained for the benefit of patrons of multiple businesses in the vicinity of the premises, the parking lot area considered for the purpose of this rule shall be determined by the area necessary to comply with the off-street parking requirements mandated by local ordinance, or if there are no local requirements for off street parking, then the area which would reasonably be necessary to accommodate the anticipated parking needs of the premises, taking into consideration the type of business and operation contemplated. Distances provided for in this rule shall be measured by airline from the closest edge of any residential structure to the closest edge of the premises or the closest edge of the parking lot or parking area, as defined herein above, whichever distance is shorter. Standard Conditions of Approval for Alcohol Related Land Uses) This rule does not apply where the premises have been licensed and operated with the same type license within 90 days of the application. Notwithstanding the foregoing provisions of this Standard Condition D 3, the Planning Commission may approve a conditional use permit for an an alcohol related land use where the applicant establishes that the operation of the business or other land use would not interfere with the quiet enioyment of property by residents and/or where the issuance of a conditional use permit for an alcohol-related land use that will be licensed only for beer and wine on-sale is necessary for the preservation of an historic structure as designated by resolution of the City Council. .34 The applicant shall furnish the City a copy of his ABC license and a copy of the conditions placed on the license by the Department of Alcoholic Beverage Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. .45 The hours of operation shall be A.M. to P.M. daily. Or The hours of operation shall be A.M. to P.M./A.M., Sunday through Thursday, and A.M. to P.M./A.M., Friday and Saturday. .6-6 No video games or similar amusements shall be permitted on the premises. .6-7 There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. .-8 The applicant will prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of gevelepcgeftt ServisesCommunity Development. .&9 This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant, in the proconco of tho notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. .9-10 A modification of this Conditional Use Permit shall be obtained when: (a) The establishment proposes to change its type of liquor license. (b) The establishment proposes to modify any of its current conditions of approval. (c) There is a substantial change in the mode or character of operations of the establishment. .49-11 The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs,— or any violation of the Code of the City of Seal Beach occurs„ or for thoso roasons spocifiod by Article 28 and in the manner cpocifiod in Articlo 26 of Chapter 28 of tho Codo of tho City of Soal Beach. .44-12 Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonable disturbing surrounding residential or commercial areas. A lighting plan shall be provided, subject to review and approval by the Director of Dovolopmont SorvicocCommunity Development, which promotes minimal disturbance to nearby residences. .42-13 In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code to require the provision of additional security measures. .4 3-14 The establishment shall have a public telephone listing. .44-15 It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law and this conditional use permit. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: (a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. (b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injur, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. (c) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. (d) Methods for dealing with intoxicated customers and recognizing underage customers. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria; 1) Department of Alcoholic Beverage Control L.E.A.D. Program e {714) 668 6182 Website: htto://www.abc.ca.gov/programs/Lead%20webpage.html 2) Orange County A.D.E.P.T. Program, for roforral to Dither tho B.A.D.D. or T.I.P.S. Program Telephone: (711) 668 6187 Website: http://ochealthinfo.com/phs/about/promo/adept .46-16 Litter and trash receptacles shall be located at convenient locations inside and outside the establishment and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 P. M. and 7:00 A. M. .46-17 The Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to Articlos 26 and 28 of the Code of the City of Seal Beach if harm or retail- related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. . 18 This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Community Development a minimum of ninety (90) days prior to such expiration date. .4.8-19 All alcoholic beverages sold in conjunction with the on-premise licensed establishment must be consumed entirely on the premises prior to closing time, and none shall be sold as take-out. .4-9-20 Conditional Use Permit # ( application number) shall be automatically terminated if the operation is no longer maintained as a "Bona fido public oating placo" ac in a manner that is consistent with the alcohol license type approved by the Planning Commission, as defined by the California Department of Alcoholic Beverage Control. .21 Tho oEstablishments approved as a "Bona fide public eating place" must serve a complete menu of food until thirty (30) minutes prior to closing time. .20-22 There shall be no live entertainment, amplified music, or dancing permitted on the premises at any time, unless specifically authorized by a conditional use permit and/or incidental entertainment permit issued by the City in accordance with the requirements of the Municipal Code and unless such uses are consistent with the license conditions imposed by the State of California Department of Alcoholic Beverage Control. .21-23 The proposed facility shall comply with Chapter 43137.15, "Noise Control," of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for reconsideration and may require the applicant/operator to mitigate the noise level to comply with the provisions of Chapter 4.387.15. .22-24 The sale of alcoholic beverages for consumption off the premises shall be prohibited. Consumption of alcoholic beverages shall be prohibited in the establishment's parking area. There shall be appropriate posting of signs both inside and outside the licensed premises indicating that drinking outside the licensed premises is prohibited by law. .23-25 The knowledge and skills deemed necessary for responsible alcoholic beverage services as set forth in Condition No. 15, shall include for on-premise licensed locations, but not be limited to the following additional topics and skills development: (a) Method to appropriately pace customer drinking to reduce the risk that the customer will not leave the premises in an intoxicated manner. (b) Knowledge of mixology, including marketable alternatives to alcoholic beverages. .24-26 Whenever the outdoor dining area is being utilized for the sale, service or consumption of alcoholic beverages, a premise employee shall be in attendance and maintain continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare and morals. .26-27 All alcoholic beverages served in the outdoor dining area must be served in glass containers. .26-28 All outdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the Planning Commission. .27-29 Any canopy constructed over an outdoor dining area shall comply with all requirements of the Building Department and Fire Department. .28-30 The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises that drinking of alcoholic beverages on the premises is prohibited by law. The premises shall include the licensed premises prior, appurtenant and required parking areas, and appurtenant common areas if located in a commercial center. Depending upon the complexity of the issue under consideration by the Planning Commission, additional conditions of approval may be added to the above listing of items in order to fully insure that the proposed issuance of a land use approval for an alcoholic related use is fully compatible with the surrounding neighborhood and that all adverse environmental impacts are mitigated to the fullest extent possible. Nothing in these conditions shall preclude the Planning Commission from denying an application for a conditional use permit for an alcoholic beverage-related use based on appropriate findings as set forth in Title 11 of the Municipal Code.