23.310.020 General Requirements Excluding Incidental Beer and Wine Service.
A. Applicability.
1. This section applies to any application to begin or increase alcoholic beverage sales or service, excluding beer and wine service incidental to a food service establishment in a Commercial District (see 23.310.030 (Alcoholic Beverage Service When Incidental to Food Service)).
2. As used in this section, an increase in alcoholic beverage sales or service includes, but is not limited to:
(a) Adding the sales or service of distilled spirits to any existing sales or service of beer and/or wine;
(b) Extending the hours of operation of any establishment that sells or serves any alcoholic beverage; and
(c) Adding to the capacity, floor area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages.
3. An increase in alcoholic beverage sales or service does not include extending the hours of operation of any food service establishments with incidental beer and/or wine service.
B. Permit Required. A Use Permit is required to begin or increase alcoholic beverage sales or service in any way.
C. Application--List of Nearby Establishments. As part of an application to begin or increase alcoholic beverage sales or service, the applicant must provide a list of all establishments within a 1,000-foot radius which are in the same category of alcoholic beverage sales or service, as defined by the California Department of Alcoholic Beverage Control.
D. Findings of Public Convenience or Necessity. If the proposed use is within a 1,000-foot radius of the site of a use that is in the same category of alcoholic beverage sales or service, excluding food service establishments with incidental service of beer and/or wine, the Zoning Adjustments Board (ZAB) may approve the application only if it makes all of the following findings:
1. The proposed establishment will promote the City’s economic health, contribute to General Plan or area plan policies, or further the district purpose.
2. The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales or service.
3. If the applicant has operated a licensed establishment that has been the subject of violations regarding alcohol in the State of California, or violations of public safety or nuisance statutes or regulations in Berkeley as verified by the Police Department, such violations do not indicate a high likelihood of further violations and/or detrimental impacts from the proposed establishment. In making this finding, the ZAB may consider the number, frequency, and severity of prior violations, the time elapsed since the last violation, and other relevant factors.
4. If the proposed establishment is within 1,000 feet of any public park or public school, the ZAB has taken into consideration the effect of the proposed establishment upon such sensitive public uses.
5. The Police Department has reported that the proposed establishment would not be expected to add to crime in the area. (Ord. 7787-NS § 2 (Exh. A), 2021)