Attachment C
23.64.290 Alcoholic beverage sales.
(a) Failure to maintain food service or any other applicable requirements of this section or failure
to comply with any conditions of the use permit or administrative use permit shall be grounds for
revocation of the use permit or administrative use permit granted, in addition to subjecting the
persons responsible therefor to penalties under this code. Revocation may be effected by the
planning commission, for use permits, or zoning administrator, for administrative use permits,
after a public hearing to which the operator has had 10 days’ notice by certified mail, and in
which the review authority finds that the operator of the restaurant has not maintained food
service or any other applicable requirements herein or has not complied with all permit
conditions. In the event that service by certified mail is not effected, service may be by personal
service on the operator, or if personal service is not effected, the property shall be posted with a
notice of the hearing, and a copy of the notice shall be published in an official newspaper of this
city.
(b) The administrative use permit and use permit procedures shall be as set forth in
PGMC 23.70.030 and 23.70.080, respectively. For any use listed in this section which has an
approved administrative use permit or use permit, no additional community development permit
is required to establish alcoholic beverage service for that use as long as such service is provided
in accordance with this section. Exception: subsection (c) of this section shall continue to apply.
(c) In addition to the permit requirements provided in Table 23.31.030, restaurants may be
permitted to serve or sell alcoholic beverages:
(1) Where said eating establishments are located on premises owned by a public entity, as
defined in Section 23824 of the Business and Professions Code of the state of California;
provided, that a use permit is obtained; and
(2) In any R-3-M zone where said restaurant has been constructed under a variance, or as
an accessory use under a use permit.
(d) Minimum Requirements for Eating Establishments Serving Alcoholic Beverages.
(1) Restaurants and Specialty Restaurants.
(A) Any sale of alcoholic beverages shall be subordinate to the primary use, and
shall comply with the State Alcoholic Beverage Control (ABC) license
requirements for a “bona fide public eating place”;
(B) Amplified and unamplified music and entertainment are allowed indoors, and
shall not generate noise in excess of 70 dB (65 dB between the hours of 10:00
p.m. and 7:00 a.m.) at the property line of any such site. Amplified and
unamplified music and entertainment are allowed outdoors between the hours of
7:00 a.m. and 10:00 p.m., and shall not generate noise in excess of 70 dB
measured at the property line of any such site; and
(C) Outdoor seating is allowed in compliance with PGMC 15.16.045 and
23.64.134.
Attachment C
(2) Pub and Brew Pub.
(A) All alcoholic beverage and food service to customers shall be discontinued
between the hours of 12:00 a.m. and 7:00 a.m.;
(B) The business shall comply with the ABC license requirements for a “bona
fide public eating place”;
(C) All foods from the standard menu shall be available for purchase during all
but the opening and closing hours of alcoholic beverage service. This may include
different menus for breakfast, lunch and dinner meals; and
(D) Amplified and unamplified music and entertainment are allowed indoors, and
shall not generate noise in excess of 70 dB (65 dB between the hours of 10:00
p.m. and 12:00 a.m.) at the property line of any such site. Amplified and
unamplified music and entertainment are allowed outdoors between the hours of
7:00 a.m. and 10:00 p.m., and shall not generate noise in excess of 70 dB
measured at the property line of any such site.
(e) Minimum Requirements for Drinking Establishments.
(1) Wine Bar.
(A) All alcoholic beverage and food service to customers shall be discontinued
between the hours of 12:00 a.m. and 7:00 a.m.;
(B) Food must be available during all hours of operation, but may be limited to
snacks, appetizers, small plates, or other similar offerings; and
(C) Amplified and unamplified music and entertainment are allowed indoors, and
shall not generate noise in excess of 70 dB (65 dB between the hours of 10:00
p.m. and 12:00 a.m.) at the property line of any such site. Amplified and
unamplified music and entertainment are allowed outdoors between the hours of
7:00 a.m. and 10:00 p.m., and shall not generate noise in excess of 70 dB
measured at the property line of any such site.
(2) Wine Tasting Room.
(A) All alcoholic beverage service to customers shall be discontinued between the
hours of 12:00 a.m. and 7:00 a.m.; and
(B) Amplified and unamplified music and entertainment are allowed indoors, and
shall not generate noise in excess of 70 dB (65 dB between the hours of 10:00
p.m. and 12:00 a.m.) at the property line of any such site. Amplified and
unamplified music and entertainment are allowed outdoors between the hours of
7:00 a.m. and 10:00 p.m., and shall not generate noise in excess of 70 dB
measured at the property line of any such site.
Attachment C
(3) Micro-Brewery.
(A) All alcoholic beverage service to customers shall be discontinued between the
hours of 12:00 a.m. and 7:00 a.m.; and
(B) Amplified and unamplified music and entertainment are allowed indoors, and
shall not generate noise in excess of 70 dB (65 dB between the hours of 10:00
p.m. and 12:00 a.m.) at the property line of any such site. Amplified and
unamplified music and entertainment are allowed outdoors between the hours of
7:00 a.m. and 10:00 p.m., and shall not generate noise in excess of 70 dB
measured at the property line of any such site.
Table 23.64.290 Summary of Minimum Requirements for Establishments Serving Alcoholic
Beverages1
Hours of
Food and
Alcoholic
Alcoholic
Seating on
Beverages Food Service Beverage Amplified Music and
Public
Allowed
Required
Service
Entertainment
Sidewalks
Eating Establishments
Restaurant
Beer, wine
Bona fide
No limits
Allowed per PGMC Allowed per
and specialty and distilled public eating
23.64.290(d)(1)(B)
PGMC
restaurant
spirits
place
15.16.045 and
23.64.134
Pub and brew Beer, wine
Bona fide
No service
Allowed per PGMC Not allowed
pub
and distilled public eating 12:00 a.m. – 23.64.290(d)(2)(D)
spirits
place
7:00 a.m.
Drinking Establishments
Wine bar
Beer and
Snacks,
No service
Allowed per PGMC Not allowed
wine
appetizers, or 12:00 a.m. – 23.64.290(e)(1)(C)
small plates 7:00 a.m.
Wine tasting Wine tasting None
No service
Allowed per PGMC Not allowed
room
12:00 a.m. – 23.64.290(e)(2)(B)
7:00 a.m.
MicroBeer tasting None
No service
Allowed per PGMC Not allowed
brewery
12:00 a.m. – 23.64.290(e)(3)(B)
7:00 a.m.
This table presents a summary of requirements only. For a complete set of requirements, see
PGMC 23.64.290(d) through (f).