A. All bars, cocktail lounges and nightclubs identified as conditional uses shall not be granted a conditional use permit unless the Zoning Administrator or other issuing authority finds in his or her sole discretion, and based on substantial evidence in view of the entire record, that approval of the permit will not result in an overconcentration of such facilities. Overconcentration may be found to exist based on (1) the number and location of existing facilities in the surrounding area; (2) noncompliance with State Alcohol Beverage Control overconcentration standards in effect at the time of project consideration; (3) the impact of the proposed facility on crime; and/or (4) the impact of the proposed facility on traffic volume, traffic flow and parking. The Police Department or other appropriate City departments may provide evidence at the hearing.

B. Applicants for such businesses shall comply with the provisions of Chapter 5.09 CVMC (Alcoholic Beverage Licenses).

C. A permit to operate may be restricted by any reasonable conditions including, but not limited to, limitations on hours of operation.

D. Such uses shall be in compliance with the provisions of Chapters 19.66 (Performance Standards) and 19.68 (Performance Standards and Noise Control) CVMC. (Ord. 3182 § 3(C), 2011).