§141.0502 Alcoholic Beverage Outlets
Any establishment for which a Type 20 Beer and Wine License or a Type 21 General Liquor License has been obtained from, or for which an application has been submitted to, the California Department of Beverage Control for permission to sell alcoholic beverages for off-site consumption shall be regulated as an alcoholic beverage outlet subject to Section 141.0502.
Alcoholic beverage outlets are permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones) subject to the regulations in Section 141.0502(b). Proposals for alcoholic beverage outlets that do not comply with the regulations in Section 141.0502(b) may be permitted with a Conditional Use Permit decided in accordance with Process Three subject to the regulations in Section 141.0502(c).
(a) Exemptions. The following alcoholic beverage outlets and areas are exempt from the provisions of Section 141.0502:
(1) Hotels, motels, or any other lodging establishments where the area devoted to the sale of alcoholic beverages for off-site consumption does not exceed 10 percent of the gross floor area of the entire establishment;
(2) Establishments of more than 15,000 square feet of gross floor area, provided the area devoted to alcohol sales does not exceed 10 percent of the gross floor area of the entire establishment;
(3) Alcoholic beverage establishments within the Gaslamp Quarter Planned District and the Centre City Planned District; and
(4) Alcoholic beverage outlets that were in existence on December 20, 1995, if the outlet retains the same type of retail liquor license within a license classification and is in continuous operation without substantial change in the mode or character of operation.
(A) For the purposes of Section 141.0502(a)(4), a break in “continuous operation” does not include the suspension of business due to extraordinary circumstances beyond the control of the licensee or a closure for more than 180 calendar days during the diligent pursuit of building repairs or remodeling of the premises undertaken under the authority of a valid Building Permit.
(B) For the purposes of Section 141.0502(a)(4), “substantial change in mode or character of operation” includes any of the following:
(i) Closure, abandonment, discontinuance, or suspension of the outlet for more than 180 consecutive calendar days during which the premises are not continually maintained and secured;
(ii) Alteration of the premises that would result in an increase of more than 10 percent of the existing gross floor area of all structures on the premises;
(iii) Revocation or suspension of the license issued by the State of California Department of Alcoholic Beverage Control (ABC) for a period of more than 30 calendar days for any reason; or
(iv) Conviction of the owner, operator, or the ABC licensee for violations of California Health and Safety Code Sections 11350, 11351, 11352, 11550 and 11364.7 when the conviction relates to the premises or the operation of the establishment.
(b) Limited Use Regulations. Alcoholic beverage outlets are permitted as a limited use subject to the following regulations.
(1) Alcoholic beverage outlets are not permitted in any of the following locations:
(A) Within a census tract, or within 600 feet of a census tract, where the general crime rate exceeds the citywide average general crime rate by more than 20 percent;
(B) Within a census tract, or within 600 feet of a census tract, where the ratio of alcohol beverage outlets exceeds the standards established by California Business and Professional Code section 23958.4;
(C) Within 600 feet of a public or private accredited school, a public park, a playground or recreational area, a church, a hospital, or a San Diego County welfare district office; and
(D) Within 100 feet of a residentially zoned property.
(2) For the purposes of Section 141.0502(b)(1), the separation distance shall be measured from property line to property line in accordance with Section 113.0225. A separation distance less than that required in Section 141.0502(b)(1) may be approved by the City Manager due to the existence of natural or built barriers such as topography, freeways, flood control channels, rivers, or similar divisive features if no direct access is available within the measurement area.
(3) Pool or billiard tables, foosball or pinball games, arcade style video and electronic games, or coin-operated amusement devices are not permitted on the premises with an alcoholic beverage outlet.
(4) Exterior public pay phones that permit incoming calls are not permitted on the premises, adjacent public sidewalks, or areas under the control of the owner or operator.
(5) The owner or operator shall provide illumination, at a minimum level of 0.4 foot candles per square foot, on the exterior of the alcoholic beverage outlet, including adjacent public sidewalks and areas under the control of the owner or operator. The illumination shall be in operation during all hours of darkness while the outlet is open for business so that persons standing on or near the premises at night are identifiable by law enforcement personnel. The required illumination shall be shielded and directed so that it does not shine on adjacent properties.
(6) The sign area pertaining to or referencing alcoholic sales or beverages shall not exceed 630 square inches.
(7) A maximum of 33 percent of the square footage of the windows and doors of the premises may bear advertising or signs of any sort, and all advertising and signs shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the outlet.
(8) The owner or operator of the alcoholic beverage outlet shall post a prominent, permanent sign or signs stating, “No loitering, consumption of alcoholic beverages, or open alcoholic beverage containers are allowed inside the premises, in the parking area, or on the public sidewalks adjacent to the premises.”
(9) The owner or operator shall list a business address and telephone number in the Pacific Bell/San Diego telephone directory or other similarly distributed directory.
(10) The owner or operator shall provide trash receptacles, conveniently located for use by patrons, inside and outside the alcoholic beverage outlet, including adjacent public sidewalks and areas under the control of the owner or operator. At least one 13-gallon trash receptacle shall be located inside the premises. At least one 32-gallon trash receptacle shall be located outside the alcoholic beverage outlet, and at least one additional 32-gallon trash receptacle shall be located in the parking areas under the control of the owner or operator.
(11) The owner or operator shall maintain the premises, adjacent public sidewalks, and areas under the control of the owner or operator, free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris. The owner or operator shall eliminate graffiti within 48 hours of application.
(12) Off-street parking shall be provided in accordance with the requirements for retail sales uses in Table 142.05E.
(c) Conditional Use Permit Regulations. Proposed alcoholic beverage outlets that do not comply with the regulations in Section 141.0502(b) may be permitted with a Conditional Use Permit decided in accordance with Process Three subject to the following regulations.
(1) The San Diego Police Department shall provide the City Manager with a recommendation on the proposed use and location of the alcoholic beverage outlet. The City Manager will provide the applicant with a copy the Police Department recommendation at least 7 calendar days before the date of the public hearing. The decision maker will review and consider the Police Department recommendation before making a decision on the application.
(2) The decision maker may request that the State of California Department of Alcoholic Beverage Control impose restrictions on any alcohol sales license to be issued or renewed by the state. The decision maker’s request shall be based on an evaluation of conditions in the area of the proposed alcoholic beverage outlet, including the concentration of alcoholic beverage outlets, high crime rates, or any other conditions in the area that would be aggravated by the sale of alcoholic beverages.
(3) Off-street parking shall be provided in accordance with the requirements for retail sales uses in Table 142.05E.
(4) Conditions addressing the following issues may be imposed by the decision maker:
(A) Entertainment uses or activities or amusement devices on the premises;
(B) Separation, monitoring, or design of the area devoted to alcoholic beverage sales;
(C) Hours of operation;
(D) Security measures; and
(E) Lighting, litter, graffiti or nuisance abatement, or any other special requirements for the premises.
(5) The owner or operator shall post a copy of the Conditional Use Permit conditions in the licensed premises in a place where they may be readily viewed by any member of the general public or any member of a government agency.
(6) The Conditional Use Permit shall include a date on which the permit will expire and become void. This date shall not be less than 10 years from the approval date of the Conditional Use Permit.
(7) An applicant may request that the expiration date be extended in accordance with the following provisions.
(A) An application for an extension shall be filed before the expiration of the approved Conditional Use Permit.
(B) An application for an extension shall be considered in accordance with Process Two if there is no record in the City of San Diego Police Department or other department or with any other governmental agency of any violations of the State of California Department of Alcoholic Beverage Control rules, regulations, and orders or of any violation of city, county, state or federal law, code, regulation or policy related to prostitution, drug activity or other criminal activity on the premises.
(C) An application for an extension shall be considered in accordance with Process Three if there is a record of violations as described in Section 141.0502(c)(7)(B).
(D) Prior violations of any conditions contained in an approved Conditional Use Permit shall constitute grounds for denying an application for an extension.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 11-16-2012 by O-20216 N.S.; effective 12-16-2012.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 6-15-2026 by O-22109 N.S.; effective 7-15-2026.)
[Editors Note: Amendments as adopted by O-22109 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-22109-SO.pdf ]
