A. Any commercial establishment which was engaged in the sale of alcoholic beverages where the business was in existence and lawfully operating before the effective date of this ordinance is herein after considered to be a legal nonconforming use. The City Council may, pursuant to the provisions of Chapter 1.15 of the Petaluma Municipal Code, at any time, require that a particular legal nonconforming business engaged in the sale of alcoholic beverages obtain a conditional use permit if it determines that such business is being operated in such a manner that it creates a nuisance to surrounding uses. Pursuant to Section 1.15.020 of the Petaluma Municipal Code, a nuisance shall exist if and when an existing alcoholic beverage establishment operates in such a manner in the judgment of the City Council, so that any of the following regularly occurs: generation of excessive noise, inadequate crowd control, generation of excessive litter, inadequate parking facilities, excessive calls for police service, or existence of unsafe conditions as determined by the Chief Building Official or the Fire Marshal.

B. The use of a lot for an establishment dispensing, for sale or other consideration, alcoholic beverages, including beer and wine, for on-site consumption may not be continued or re-established without conditional use permit approval granted in accordance with the provisions of this section, if any of the following occur after the effective date of this ordinance: