Good news for the the City of Berkeley’s hospitality industry—the Planning Department simplified many of its zoning rules for restaurants, bars, and entertainment-related businesses. Although the California Department of Alcoholic Beverage Control’s separate statewide rules still apply (and you still need an ABC license to buy or sell alcohol), Berkeley has made its hospitality-related zoning rules more business-friendly.
Here is what you need to know:
1. Restaurants in all Berkeley’s Commercial Districts can now:
(1) rent out their spaces to third parties;
(2) create a bar or lounge area for the sole purpose of selling and serving alcohol;
(3) serve beer or wine in its original container; and
(4) allow alcohol signage and related equipment (taps, etc.) to be visible from the public right-of-way.
**These are new privileges for most Berkeley restaurants. If your Planning permit bars these or other new privileges, you can ask the Planning Department to update it with a revised Administrative Use Permit (AUP).
**Berkeley posts a map of its Commercial Districts here (and it’s also at the bottom of this blog).
2. Bars in the Telegraph, North Shattuck, and Solano Avenue Commercial Districts can obtain permits authorizing sales of distilled spirits without having to offer food.
**This is another new privilege for bars in these districts. Berkeley used to require them to offer food if they wanted to serve spirits.
3. Restaurants, bars, and entertainment businesses can now obtain permits to operate with expanded hours: 24 hours (7 days/week) in Downtown and Telegraph Commercial Districts
6a-2a (7 days/week) in Large Commercial Districts
6a-12a (7 days/week) in Small Commercial Districts
**Berkeley loosened and streamlined its hours requirements, which used to vary more, and used to distinguish between weekends and weekdays.
**Operating hours are those hours the business is open to the public. Berkeley still requires an Administrative Use Permit (AUP) to authorize hours beyond those listed above. **Existing noise rules remain in effect.
4. Restaurants, bars, and entertainment businesses in all Commercial Districts and some Residential and Manufacturing Districts can now obtain permits to offer live entertainment with NO amplification/speakers with only a Zoning Certificate, which the Planning Department can issue over the counter.
**Berkeley simplified this process, which used to require either an Administrative Use Permit (AUP) or a public hearing, depending on the Commercial District.
**Berkeley defines live entertainment as “Any one or more of any of the following, performed live by one or more persons, whether or not done for compensation and whether or not admission is charged: musical act (including karaoke); theatrical act (including stand-up comedy); play; revue; dance; magic act; disc jockey; or similar activity.”
5. Restaurants, bars, and entertainment businesses in all Commercial Districts and some Manufacturing Districts can now obtain permits to offer live entertainment WITH amplification/speakers with only an Administrative Use Permit (AUP).
**Berkeley simplified this process, which used to require a public hearing in some Commercial Districts.
6. Bars offering beer and wine only (no spirits), such as tap rooms and wine bars, now need only an Administrative Use Permit (AUP) to operate in any Commercial District.
**Berkeley simplified this process. Although the AUP process still involves Planning staff review and approval, it no longer requires a public hearing.
7. Restaurants and bars selling food can now obtain permits to sell distilled spirits with only an Administrative Use Permit (AUP) in all Commercial Districts and some other districts.
**Berkeley simplified this process. Although the AUP process still involves Planning staff review and approval, it no longer requires a public hearing.
8. Restaurants in all Commercial Districts and some Residential Districts can now obtain permits to operate with only a Zoning Certificate, which the Planning Department can issue over the counter, if they: (1) are less than 3000 square feet; and (2) serve beer and wine only. Businesses need an Administrative Use Permit to operate if they are more than 3000 square feet or if they want to serve distilled spirits. Berkeley no longer requires Change of Use permits in any Commercial District.
**Berkeley streamlined these requirements, which used to vary more. Berkeley Planning Permits take less time and cost less money!
9. Restaurants, bars, and entertainment businesses applying for Administrative Use Permits (AUP) to start or increase alcohol service now benefit from a streamlined process.
**Berkeley changed its definition of “Undue concentration of alcohol sales” to conform with California’s definition in Business & Professions Code § 23958.4.
**Berkeley changed its definition of “Convenience and necessity” to include “economic development benefits to the surrounding area,” and to require that only ONE, not all of the listed findings are required for permit issuance.
**Berkeley removed the requirement for review by the Berkeley Police Department.
Berkeley made other, smaller changes to its zoning laws too. All the new rules are welcome news for businesses in Berkeley’s Commercial and Manufacturing Districts. Please reach out if you have questions about the new rules or updates to your permit. And Go Bears!!
Figure 1: Approximate Map of Berkeley’s Commercial Districts.
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