Appendix 9710. Changes to nonconforming alcoholic business establishments.

The provision set forth in this chapter shall apply to any changes to nonconforming alcoholic beverage establishments. Existing establishments may continue to operate as provided herein, except when any of the following conditions apply:

A.

The establishment changes its type of retail liquor license with the department of alcohol beverage control.

B.

There is a substantial modification to the mode or character of operation. As used herein, the phrase "substantial change of mode or character of operation" shall include, but not be limited to, any increases of twenty (20) percent or more in the floor area or shelf space principally devoted to alcohol sales, or one hundred (100) square feet, whichever is greater.

C.

The off-site or on-site alcoholic beverage establishment expands a customer service area primarily devoted to the sale or service of any alcoholic beverages and/or increases the number of customer seats primarily devoted to the sale or service of any alcoholic beverages.

D.

The alcoholic beverage license has been either revoked or suspended for any period by the ABC.

(Ord. No. 09-362, § 5, 7-8-09)