5.08.100 Imposition of conditions upon any licensee requesting a letter of public convenience or necessity.

             A.               No letter of public convenience or necessity shall be issued by the chief of police nor approved by the planning and design commission on appeal unless the proposed licensee agrees, in writing, that if the Alcoholic Beverage Control Board issues a license to sell alcoholic beverages, the license will be subject to the following conditions at all times the license is in use:

             1.               Sales of beer and malt beverages shall be in quantities of not less than a six-pack;

             2.               Sales of wine shall be in containers of at least 750 ml;

             3.               Wine coolers, whether made for wine or malt products, shall not be sold in quantities of less than factory packs of four; and

             4.               Distilled spirits shall be sold in containers of at least 200 ml.

             B.               The chief of police may require additional reasonable conditions to be imposed on the applicant. The decision of the chief of police to require imposition of additional conditions shall be discretionary, and he or she may consider the factors set forth in Section 5.08.050 of this chapter and whether additional conditions will promote the public necessity or convenience. Such conditions shall be set forth in the letter of public convenience or necessity and may include, but shall not be limited to, the following:

             1.               No wine shall be sold with an alcohol content greater than fifteen (15) percent by volume;

             2.               There shall be no cups, glasses, or similar receptacle commonly used for the drinking of beverages sold, furnished, or given away at the licensee’s premises in quantities of less than twenty-four (24) in their original multi-container package, with the exception of food and beverage containers with a corporate logo or business name embossed or stamped on the container when sold in conjunction with food and nonalcoholic beverages;

             3.               All ice shall be sold at or about prevailing prices in the area and in quantities of not less than seven pounds per sale, excluding ice sold in conjunction with fountain drinks;

             4.               For any premises holding an on-sale license, the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period;

             5.               Trash receptacles shall be of a design to prevent unauthorized removal of articles from the trash bin; and

             6.               No alcoholic beverages may be sold for off-premises consumption between the hours of eleven p.m. and two a.m.

             C.               Any letter of public convenience or necessity shall specifically set forth that the public convenience or necessity is served only if the conditions set forth in the letter are imposed on the applicant by the state Department of Alcoholic Beverage Control Board.

             D.               The requirement for imposition of conditions as set forth in subsection A of this section is not appealable. (Ord. 2013-0007 § 5; prior code § 30.05.145)