781.8

SEC. 781.8. MISSION ALCOHOLIC BEVERAGE SPECIAL USE SUBDISTRICT. (See Interpretations related to this Section.) For controls for the Mission Alcoholic Beverage Special Use District see Section 249.60. (Added by Ord. 256-96, App. 6/26/96; amended by Ord. 168-99, File No. 990543, App. 6/18/99; Ord. 177-00, File No. 000744, App. 7/28/2000; Ord. 260-07, File No. 070617, App. 11/14/2007; Ord. 269-07, File No. 070671, App. 11/26/2007; Ord. 140-11, File No. 110482, App. 7/5/2011, Eff. 8/4/2011) AMENDMENT HISTORY Section amended in its entirety; Ord. 140-11, Eff. 8/4/2011. SEC. 781.9. HAIGHT STREET ALCOHOL RESTRICTED USE SUBDISTRICT. (a) Purpose. There is an unusually large number of establishments dispensing alcoholic beverages, including beer and wine, for both on-site and off-site consumption in the Haight- Ashbury neighborhood. A concentration of alcoholic beverage establishments in a neighborhood disrupts the desired mix of land uses that contribute to a livable neighborhood and discourages more desirable and needed commercial uses in the area. A concentration of establishments selling alcoholic beverages in an area may therefore contribute to the deterioration of the neighborhood and to the concomitant devaluation of property and destruction of community values and quality of life. These effects contribute to peace, health, safety and general welfare problems in these areas, including loitering, littering, public drunkenness, driving while intoxicated, defacement and damaging of structures, pedestrian obstructions, as well as traffic circulation, parking and noise problems on public streets and neighborhood lots, and other nuisance activities. The existence of such problems creates serious impacts on the health, safety and welfare of residents of nearby single- and multiple-family areas. These impacts include fear for the safety of children, elderly residents and visitors to the area. (b) Boundaries. The Haight Street Alcohol Restricted Use Subdistrict (Haight Street Alcohol RUSD) is coterminous with the Haight Street Neighborhood Commercial District as designated on Sectional Maps ZN06 and ZN07. The Haight Street Alcohol RUSD is designated on Sectional Maps SU06 and SU07. (c) Controls. (1) Definitions. (A) A “liquor establishment” shall mean any enterprise selling alcoholic beverages, as defined by California Business and Professions Code Section 23004 and 23025, pursuant to a California Alcoholic Beverage Control Board license. (B) An “on-sale liquor establishment” shall mean any liquor establishment which has obtained Alcoholic Beverage Control Board License type 40 (on-sale beer), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine public premises), type 47 (on-sale general eating place), type 48 (on-sale general-public premises) or type 57 (special on-sale general) selling alcoholic beverages for consumption on the premises. Typical on-sale establishments may include but are not limited to Bars and Restaurants serving alcoholic beverages. It shall not include types 51, 52, 59, 60, 61, 64, 67, 70, 75, or 90. (C) An “off-sale liquor establishment” shall mean a Liquor Store use. (D) A1 “unpermitted liquor establishment” shall mean any establishment selling alcoholic beverages lawfully existing prior to the effective date of the establishment of the Haight Street Alcohol RUSD and licensed by the State of California for the retail sale of alcoholic beverages for on or off-site consumption, so long as otherwise lawful. (E) An “eligible movie theater” shall be a Movie Theater use that contains only a single screen and auditorium, has seating for 150 or fewer persons, and is not a Formula Retail Use as defined in Code Section 303.1. (2) Limitation on new Liqu