23.310.030 Alcoholic Beverage Service When Incidental to Food Service

23.310.030 Alcoholic Beverage Service When Incidental to Food Service.

A. Permits Required. Table 23.310-1 shows permits required for alcoholic beverage service when incidental to a food service establishment.

Table 23.310-1. PERMITS REQUIRED FOR ALCOHOLIC BEVERAGE SERVICE
District	Permit Required Based on Type of Beverages Served When Incidental to Food Service
District	Beer and Wine	Distilled Spirits
R-SMU	UP(PH)	UP(PH)
All Commercial Districts, except C-AC, and the R-BMU District	ZC	UP(PH)
C-AC	ZC	AUP
MU-LI, MU-R	UP(PH)	UP(PH)

1. R-SMU District. In the R-SMU district, alcoholic beverage service is allowed only for full-service restaurants. Alcoholic beverage service is not allowed for carry out food stores and quick-service restaurants.

2. Commercial Districts. In Commercial Districts, beer and wine service is allowed by right when for on-site consumption with seated food service.

3. C-NS District and R-BMU Districts. In the C-NS district, distilled spirit service is allowed only for full-service restaurants. Distilled spirit service is not allowed for carry out food stores and quick-service restaurants.

4. C-T and C-SO Districts. In the C-T and C-SO districts, distilled spirit service is allowed only for on-site consumption with seated food service.

5. C-AC District. In the C-AC district, distilled spirit service is allowed along Adeline Street south of Ashby Avenue only for on-site consumption with seated food service.

C. Incidental Beer and Wine Service Standards. The following standards apply to beer and wine service incidental to a food service establishment in a Commercial District.

(a) The food service establishment shall comply with all applicable regulations of the California Department of Alcoholic Beverage Control.

(b) An operator of the licensed establishment may not have a prior licensed establishment that was the subject of verified complaints or violations regarding alcohol, public safety, or nuisance statutes or regulations before issuance or transfer of a business license at this location.

(a) Beer and wine beverage service shall be incidental to the primary food service use.

(b) Beer and wine service incidental to seated food service shall only be allowed at a bona fide eating place making actual and substantial sales of meals as determined and required by the California Department of Alcohol Beverage Control.

(d) Employees may not serve beer or wine to patrons who appear to be inebriated or otherwise unable to behave in an orderly manner upon consuming alcohol.

(e) All beer and wine served to patrons must be served in durable restaurant tableware. Beer or wine may not be distributed in its original bottle or can, or in any other potentially disposable container.

(f) There shall be no bar or lounge area upon the licensed premises maintained for the sole purpose of sales, service, or consumption of alcoholic beverages directly to patrons for consumption.

(g) Hours of operation are subject to review and amendment by the ZAB as necessary to avoid detriment to the neighborhood or to achieve conformance with revised City of Berkeley standards or policies.

(a) The food service establishment must operate at least five days a week.

(b) The service of beer and wine shall be limited to normal meal hours (per California Department of Alcoholic Beverage Control) during the food service establishment’s hours of operation.

(c) During operating hours, 100 percent of the service area shall be designed and used for meal service and must possess the necessary utensils, and condiment dispensers with which to serve meals to the public.

(d) At no time shall the operator rent the restaurant space to a third-party.

(e) The owner or operator of the establishment shall take reasonable measures to prevent disturbances by patrons in the immediate vicinity. Such measures shall include:

i. Signs reminding patrons of nearby residences and requests not to congregate or loiter near such residences nor operate vehicles in a noisy manner on residential streets; and

ii. Surveillance to public areas near the establishment, keeping public areas free of trash and litter, providing lighting, and otherwise preventing conduct that might disturb the peace and quiet of residences in the vicinity.

(f) The operator shall assume reasonable responsibility for ensuring that patrons do not block the entrance or interfere with pedestrian activity on the adjacent public sidewalk.

(g) The applicant shall establish cash handling procedures to reduce the likelihood of robberies and theft.

(a) There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior constitute a violation of this requirement.

(b) Alcohol-dispensing facilities and signs advertising alcoholic beverages may not be visible from the public right-of-way.

(a) The operator shall finish a Crime Prevention through Environmental Design (CPTED) survey before beginning alcohol service.

(b) All employees selling and/or serving beer and wine, or directly supervising such sales and/or service, shall comply with Municipal Code Section 9.84.030 (Responsible Beverage Service Training) and finish the Licensee Education on Alcohol and Drugs (LEAD) program, or another equivalent program offered or certified by the California Department of Alcoholic Beverage Control within 90 days of employment at the establishment. Employees who have finished the course within the last 12 months are exempt from this requirement. (Ord. 7815-NS §§ 10, 11, 2022: Ord. 7787-NS § 2 (Exh. A), 2021)