Performance standards.
San José Municipal Code § 6.86.240
in effect6.86.240 - Performance standards.
A. The property owner and/or operator of an off-sale alcoholic beverage establishment shall not conduct the alcoholic beverage sales commercial activity in a manner that creates or results in a public nuisance on the premises or within three hundred feet of the premises, including but not limited to:
1. Disturbance of the peace;
2. Illegal drug activity;
3. Public drunkenness;
4. Drinking in public;
5. Gambling;
6. Prostitution;
7. Sale of stolen goods;
8. Public urination;
9. Theft;
10. Assaults;
11. Batteries; or
12. Acts of vandalism.
B. The property owner and/or operator of an off-sale alcoholic beverage establishment shall immediately produce, upon request by the director and/or peace officer, a copy of the State Department of Alcoholic Beverage Control license and the terms and conditions of the license.
C. The property owner and/or operator engaged in the concurrent sale of alcoholic beverage and motor vehicle fuel shall abide by Section 23790.5 of the California Business and Professions Code, as may be amended, in that:
1. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler as of January 1, 1988.
2. No advertisement of alcoholic beverage shall be displayed at motor fuel islands.
3. No sale of alcoholic beverage shall be made from a drive-in window.
4. No display or sale of beer or wine shall be made from an ice tub.
5. No beer and wine advertising shall be located on motor fuel islands and no self-illuminated advertising of beer or wine shall be located on buildings or windows.
6. Employees on duty between the hours of 10 p.m. and 2 a.m. who sell beer or wine shall be at least 21 years of age to sell beer and wine.
(Ord. 27626.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6.86OLEALBEES_PT2OPRE_6.86.240PESTFetched: 11/1/2026