Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: IRMA HUITRON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: JANUARY 14, 2025
SUBJECT: DISCUSSION REGARDING POTENTIAL BUFFER ZONES FOR
REGULATING LOCATION OF BARS, NIGHTCLUBS, AND LIVE
ENTERTAINMNET ESTABLISHMENTS
EXECUTIVE SUMMARY
The City Council will discuss the potential implementation of a 500-foot buffer zone for bars, nightclubs, and live entertainment locations in relation to sensitive use locations, and the initiation of any necessary Zone Text Amendments to provide the desired buffer zone. At the April 23, 2024 City Council meeting, Staff presented seven options to regulate bars, nightclubs, and establishments that have live entertainment.
The Council further requested that staff provide maps to show the location of Bars, Nightclubs, and Live Entertainment establishments in relation to sensitive use s, including schools, child care facilities, hospitals, and senior centers and illustrate a 500-foot buffer around these sensitive uses.
RECOMMENDATION:
That the City Council:
Provide staff direction regarding the potential establishment of a 500-foot buffer around sensitive uses, including schools, child care facilities, hospitals, and senior centers, to regulate the location of new bars, nightclubs, and live entertainment establishments.
BACKGROUND
At the January 23, 2024 City Council meeting, the City Council requested that staff provide a report on the distancing requirements for bars, and establishments that have music or live entertainment.
At its April 23, 2024 City Council meeting, Staff presented seven options to regulate bars, nightclubs, and establishments that have live entertainment. The Council further requested that staff provide maps to show the location of Bars, Nightclubs , and Live Entertainment establishments in relation to sensitive uses, including schools, child care facilities, hospitals, and senior centers. The City Council requested maps illustrating a 500-foot buffer around these sensitive uses.
OPTIONS FOR REGULATING BARS, NIGHTCLUBS, AND LIVE ENTERTAINMENT JANUARY 14, 2025
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In addition, at its April 23, 2024 City Council meeting, the City Council determined that the Downtown Downey Specific Plan (DDSP) area would not be included in this regulation in order to preserve the goals and policies of the DDSP, which is to create a dynamic and vibrant city center that encourages the blending of a variety of uses.
State Authority to Regulate Bars
The regulation of alcohol outlets by local governments is limited by California’s existing regulatory framework. Upon the ratification of the Twenty -First Amendment, states became empowered to regulate alcohol sales and consumption. The federal government gave exclusive jurisdiction to the State over sale, purchase, and possession of alcoholic beverages. In California, this regulatory authority is vested in the Department of Alcoholic Beverage Control (Department), commonly referred to as “ABC”. ABC has the dual responsibility for both the issuance of liquor licenses and the regulation of existing licenses.
ABC issues two broad categories of alcohol licenses:
1.On-sale licenses are issued for businesses that sell alcohol for consumption on the premises, such as restaurants, bars, and night clubs. Restaurants are typically Type 41 and Type 47 licenses. Type 41 is for the sale of beer and wine, and Type 47 is for the sale of beer, wine, and spirits. Bars, are required to have a Type 40 (Issued to bars and taverns) or Type 48 license (Issued to bars and night clubs). A Type 40 is limited to the sale of beer and Type 48 is for beer, wine and spirits.
2.Off-sale licenses are issued for businesses that sell alcohol for consumption off the site, such as grocery stores, markets, and liquor stores.
As local authority to regulate alcohol sales and related activity is largely preempted by ABC, cities instead utilize their land use authority to regulate certain aspects, such as location, hours of operation, and permitting process, of businesses conducting alcohol sales. A city’s land use and police powers serve to function as an effective tool in exercising local control over alcohol sales.
Local Authority to Regulate Bars and Similar Uses such as Nightclubs As previously mentioned, while ABC has exclusive jurisdiction over the licensing and regulation of alcohol sales, cities can regulate the ancillary aspects of alcohol sales, including land use, without infringing on ABC’s authority.
One land use tool is to establish general locational or operational standards within a jurisdiction’s municipal code. Examples include regulating the zones in which bars and other similar uses are permitted or prohibited. In addition, cities may also include buffer distances from other uses. As a local example, the Downey Municipal Code
OPTIONS FOR REGULATING BARS, NIGHTCLUBS, AND LIVE ENTERTAINMENT JANUARY 14, 2025
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(DMC) currently prohibits live entertainment for businesses located within 100’ of a residentially zoned property. Table 1 below summarize the City’s current land use table for bars, night clubs, and live entertainment venues.
A second land use tool is the use of a Conditional Use Permit (CUP). The CUP process is the typical process a city uses to regulate businesses to ensure that the operation has adequate operational control protocols in place, provided as “conditions of approval” (COA). COA can provide an effective set of standards specific to each business that are used to prevent impacts to surrounding uses such as noise disturbances and crime. The COA also attempts to reduce the use of City services such as police, fire, and code enforcement assistance. One key COA for businesses serving alcohol is the requirement to develop a comprehensive security plan, reviewed by the Police Department and often the Fire Department.
ANALYSIS
In Downey, a business operating as a bar is categorized as an establishment that exclusively caters to the sale of alcoholic beverages and is not required to provide food sales. Nightclubs operate under the same ABC license, but they generally provide music entertainment and dancing as a primary source of attraction. Live entertainment establishments typically are approved as an ancillary use to a restaurant or bar. Within the DMC, bars, night clubs, and live entertainment, when not prohibited by the zoning district, are required to obtain a Conditional Use Permit prio r to starting operations.
However, there may also be locations that operate as “legal non-conforming” uses that commenced operations prior to the City establishing a land use requirement to obtain a CUP. Table 1 provides a list of various zones in the City, which permit bars, nightclubs, and live entertainment. A list of existing bar, nightclub, and live entertainment establishments is provided in Attachment A.
Table 1 - Zoning District – Bar & Nightclub Land Use
Uses Zones
C-P C-1 C-2 C-3 C-M H-M DLSP1
Bars, taverns, pubs, micro-breweries
w/food and drink NP NP C C C NP C2
Nightclubs NP NP C C C NP C2
Restaurants, cafe, coffee
establishments with live entertainment C3 NP C C C NP C Notes:
NP – Not Permitted
C – Conditional Use Permit
Footnotes
1.Downey Landing Specific Plan
1.2. Downey Promenade Only
2.3. The structure housing a restaurant shall be a minimum of 100 ft. from the nearest residentially-zoned property.
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The CUP process typically takes approximately eight (8) weeks to complete from deeming an application complete. The State ABC process takes approximately ten (10) to twelve (12) weeks, depending on whether the ABC license is a transfer from another business or a new license. ABC advises applicants on their website that certain circumstances often result in a longer waiting period. The State ’s and City’s processes can take place concurrently, and the timeline for obtaining a license issued to allow operations is dependent upon when the applicant submits to both agencies. The State ABC office will not issue an alcohol license until receiving confirmation that the City has provided approvals (i.e. confirmed use is permitted by-right, or obtained a CUP).
One of the key community benefits of a CUP is that in granting a CUP, the Planning Commission may establish conditions necessary to ensure that any negative impacts related the service of alcohol does not impact adjacent properties, or so that the use is not detrimental to the welfare of the community. The CUP process requires a public hearing before the Planning Commission pursuant to DMC Section 9824, with a minimum 10-day public notice mailed by the City to surrounding properties within a 500 -foot radius of the proposed business location. The CUP process also provides the City a mechanism to hold businesses liable for any adverse impacts to the surrounding properties and for any abnormal demand for police services. For example, DMC 9828 provides a procedure for the orderly and lawful revocation and/or modification of a CUP when the use is being operated in a manner that is detrimental to the public health, safety, welfare, and public convenience or is a public nuisance. The revocation or modification of a CUP would oc cur at a noticed public hearing per DMC 9804. The City application cost for a CUP is currently:
$7,350.
Existing Bars/Nightclubs Operating in the City
There are approximately twelve (12) businesses operating as a bar, nightclub, or establishment with live entertainment. Three (3) of the 12 businesses are established strictly as a Bar or Nightclub, and nine (9) of the 12 businesses are Bar establishments that include Live Entertainment. Locations within the Downtown Downey Specific Plan (DDSP) were omitted from the analysis as City Council direction was to not further regulate these uses within the DDSP. Table 2 provides a breakdown of the establishments by City Council District. Attachment A lists bar, night club, and live entertainment establishments located throughout the City.
Table 2
Bars/Nightclubs, Live Entertainment Uses in the City of Downey
City Council District Number in District
District 1 4
District 2 1
District 3 4
District 4 3
TOTAL CITYWIDE 12
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Existing Establishments with Live Entertainment (including music) Of the twelve (12) businesses listed in Attachment A, approximately nine (9) businesses with live entertainment operate within the City. Live entertainment is generally defined as:
“Any exhibition, demonstration, or display upon, or by, any person, or any sound, word, speech, song or other utterance, or any dance, posture, act or other movement, or any music or other sound manually produced from any instrument or article , by any person, in the presence of any audience, which agreeably occupies the mind, or pleasantly attracts, diverts or holds the attention, or is for the amusement, of any person in such audience.” Uses that exclusively provide TVs in conjunction with an eating establishment for example is not considered live entertainment.
Options for Additional Regulation of Bar, Night Clubs, and Live Entertainment uses Below are options for the City Council’s consideration regarding the regulation for businesses operating as a bar, night club, and establishments with live entertainment.
Options 1: Establish Buffer Zones
Initiate a Zone Text Amendment to create “Buffer Zones” for a business which operates as (1) a bar focusing on the exclusive sales of alcohol beverages, (2) a nightclub, or (3) restaurants requesting live entertainment uses.
This method regulates uses from locating near sensitive uses. The City’s municipal code currently regulates the location of live entertainment through a 100-foot buffer from residentially zoned properties. The City could choose to establish an additional "buffer zone" requirement prohibiting bars, nightclubs, or live entertainment uses from locating within a specified distance from identified sensitive uses, including schools, day cares, hospitals, and senior centers. The buffers depicted in the maps included in Attachment B, Exhibits 1 through 5, show a 500-foot buffer from these sensitive uses. This distance could be modified to display any distance measurement as preferred, however, a 500-distance, as shown provides a “buffer” from sensitive uses while not precluding the establishment of the uses citywide.
Existing bars, nightclubs, and live entertainment establishments not in compliance with the new criteria would still be allowed to operate under a “legal, non- confirming” land use per regulations set forth in DMC 9410, which would allow the use to continue until the use has ceased for a peri od of 180 days, and/or other terminating factors set forth in the code. There are two existing legal-non- conforming establishments (due to a lack of a CUP) and two additional locations that would become legal non-conforming should a 500-foot buffer from sensitive uses be established. The locations that would become legally non-conforming are shown in Attachment A and Attachment B – Exhibit 1.
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If this option is selected, City staff will prepare an Ordinance, specifying requirements for bars, nightclubs, and businesses with live entertainment. The Ordinance requires review and a recommendation by the Planning Commission which would be forwarded to the City Council for final consideration.
Option 2: Establish Buffer Zones with Applied Standards Initiate a Zone Text Amendment to create additional applicable standards for businesses that operate as a bar, nightclub, and/or live entertainment use that are located within an established “Buffer Zone”. Standards would be applicable to establishments near schools, day cares, hospitals, and senior centers to reduce potential disturbance to those uses. Similar to Option 1, a buffer is still proposed at 500-feet, however establishments may still operate in the buffer area and additional criteria would be applicable to determine how an establishment may operate within the buffer zone. Applicable criteria could range from standards like hours of operation, volume levels, number of establishments in the buffer, etc. This method could allow for flexibility in the application of the buffer requirements based on location and type of operations rather than strict prohibition as proposed in Option 1.
Planning Staff presents Option 2 as an alternative because it may be found that Option 1 may prompt property owners to not lease to sensitive uses, such as daycares. Leasing to sensitives use would otherwise reduce a property owner’s leasing potential, and eliminate their ability to lease tenant spaces to bars, nightclubs, and/or live entertainment establishes.
If this option is selected, City staff will prepare an Ordinance specifying requirements and standards for bars, nightclubs, and/or businesses with live entertainment. The Ordinance requires review and a recommendation by the Planning Commission which would be forwarded to the City Council for final consideration.
Option 3: No Change to Existing Regulation of Bars, Nightclubs, and/or Live Entertainment
Option 3 would leave existing methods of regulation in place and continue to require a CUP to operate a “bar”, which is generally associated with a Type-40 or Type 48 ABC license, nightclub, or live entertainment use. No change is required to the Downey Municipal Code.
CITY COUNCIL PRIORITIES
Efficiency and Adaptability
Quality of Life, Safety and Infrastructure
Public Engagement
OPTIONS FOR REGULATING BARS, NIGHTCLUBS, AND LIVE ENTERTAINMENT JANUARY 14, 2025
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FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
Attachment A: List of Bar, Nightclub, and Live Entertainment Locations Attachment B: Bar, Nightclub, and Live Entertainment Maps Exhibit 1: Map 1 (City Wide with 500’ buffers from Sensitive Uses) Exhibit 2: Map 2 (District 1 with 500’ buffers from Sensitive Uses) Exhibit 3: Map 3 (District 2 with 500’ buffers from Sensitive Uses) Exhibit 4: Map 4 (District 3 with 500’ buffers from Sensitive Uses) Exhibit 5: Map 5 (District 4 with 500’ buffers from Sensitive Uses) Exhibit 6: Map 6 (City Wide with no buffers)
Attachment A
List of Bars, Nightclubs, and Live Entertainment Locations (Outside the Downey Downtown Specific Plan)
Number Name of Business Zoning Address Nightclub/Bar or Live Entertainment or Both
1 Stardust Club C-2 7643 Firestone Blvd BOTH
2* Anarchy Library C-1 13250 Woodruff Ave Bar/Nightclub 3* The Glen C-1 7356-58 Stewart & Gray Rd BOTH
4 JC Tavern C-2 9106 Telegraph Rd BOTH
5 Guardsman Lounge C-P 7850 Florence Ave Bar/Nightclub
6 Same Ol' Saloon C-2 9560 Firestone Blvd BOTH
7 Lovefool Bar/The Shuttle C-2 9067 Imperial Hwy BOTH
8 Casa Blanca Bar C-2 8744 Imperial Hwy Bar/Nightclub
9 The Junction/Hops C-2 9370 Telegraph Rd BOTH
10 El Salto Del Fraile C-2 7639 Firestone Blvd Live Entertainment 11 Las Palmas Coco Bongo C-P 8060 Florence Live Entertainment 12 Bar Louie Luna Tierra SP 8860 Apollo Way Live Entertainment Notes:
-Establishments with an asterisks ("*") are currently legal non-conforming. -Establishments highlighted in grey are located within the proposed buffer and would become legal non-conforming.
Attachment A
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Bars, Nightclubs,
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Buffers from
Sensitive Uses -
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Legend
DDSP
Attachment B
(Exhibit 1)
Stewart and Gray Rd
Interstate 105
Imperial HwyLakewood Blvd2
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Attachment B
(Exhibit 2)Bars, Nightclubs, Live Entertainment Locations and 500' Buffers from Sensitive Uses
District 1 - Map 2
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(Exhibit 3)District 2 - Map 3
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Attachment B
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Attachment B
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Bars, Nightclubs, Live Entertainment Locations and 500' Buffers from Sensitive Uses District 4 - Map 5
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from Sensitive Uses
Map 6
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Legend
DDSP
Attachment B
(Exhibit 6)