The purpose of these definitions is to promote consistency and precision in the interpretation of these regulations. The meaning and construction of these words and phrases shall apply throughout, except where the context clearly indicates a different meaning or construction.
As used in this chapter:
"Alcoholic beverage"means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances and sales that requires a State Department of Alcoholic Beverage Control license.
"Alcoholic beverage sales"means the retail sale of alcoholic beverages for onsite or offsite consumption, including liquor stores, convenience food stores, markets, taverns, bars, and restaurants with bars. This does not include restaurants, which serve alcoholic beverages as part of a meal.
"Condition of approval"means a requirement that must be carried out by the activity in order to retain its deemed approved status.
"Deemed approved activity"means any legal nonconforming alcoholic beverage sales with respect to Section
20-42.034 of the Zoning Code, as defined in this section, in existence immediately before the effective date of these regulations shall be considered a deemed approved activity as long as it complies with the deemed approved performance standards set forth in Section
10-06.070, and shall no longer be considered a legal nonconforming activity.
"Deemed approved status"means the permitted use of the land for a legal nonconforming purpose – the deemed approved alcoholic beverage sales activity.
"Illegal activity"means an activity that has been finally determined to be in noncompliance with the deemed approved performance standards in Section
10-06.070 of this chapter. Such an activity shall lose its deemed approved status and shall no longer be considered a deemed approved activity.
"Legal nonconforming alcoholic beverage sales activity" or "legal nonconforming activity"means an alcoholic beverage sales activity that was a nonconforming use pursuant to Section
20-42.034 of the Zoning Code and for which a valid State of California Alcoholic Beverage Control license had been issued and used in the exercise of the rights and privileges conferred by the license, at a time immediately before the effective date of these regulations. Such an activity shall be considered a deemed approved activity with respect to alcohol sales, and shall no longer be considered a legal nonconforming activity with respect to alcohol sales, except that it shall be subject to those zoning regulations relating to nonconforming uses as specified in Chapter
20-61, as of the effective date of the deemed approved alcoholic beverage sale regulations.
"License"means a license authorized to be issued to a person by the State of California Department of Alco-holic Beverage Control to sell alcohol pursuant to Division
9 of the Business and Professions Code.
"Licensee"means any person holding a license issued by the State of California Department of Alcoholic Beverage Control to sell alcoholic beverages. For purposes of this statute the licensee is the business owner.
"Premises"means the actual space within a building devoted to alcoholic beverage sales.
"Premises to premises transfer"means an ABC license that is being transferred from one business location to another business location for which approval is required by the local ABC District Office and under certain circumstances also requires approval from the local municipality.
(Ord. 3767 § 1, 2006)