A.The City of Monterey may re-open the use permit or require a new use permit for any establishment wherein alcoholic beverages are sold or served on or off the premises if that establishment becomes a public nuisance. Prior to such hearing, the owner or operator of the alcohol beverage outlet shall be given written notification of all conditions which may constitute a public nuisance and given a minimum of 30 days to correct the conditions. The City can refer the issue to an outside community-based counseling group, such as the Hospitality Resource Panel, to help the business correct any conditions during or prior to this 30 day period. The referral is not a requirement but is an option available to the City. The counseling group may choose to make a recommendation to the Planning Commission on the alcohol beverage outlet’s compliance with the conditions.

For purposes of this section, the term “public nuisance” refers to a pattern of disturbance or alcohol related problems which affect at the same time an entire community or neighborhood, or any considerable number of persons, as substantiated by credible evidence from a reliable source including, but not limited to, public testimony, citizen complaints, police reports, fire department reports, code enforcement reports, and violations of City Codes or state laws where such violation is established as constituting a nuisance per se. The term “alcohol related problems” shall include, but is not limited to, unacceptable public behavior, noise, littering, loitering, crimes of violence, interference with the unimpeded use of sidewalks by pedestrians, defacing or damaging property, interference with a neighborhood’s quality of life or image or quiet enjoyment of property, and other similar problems related to the operation of alcoholic beverage outlets. Such nuisances may be abated by the City pursuant to Monterey City Code §§ 1-7 or 1-9 and following.