§ 82-38.406. Change in mode or character of operation.

(a)

The administrative hearing officer may hold a public hearing to determined whether a land use permit is required for an existing alcoholic beverages sales commercial activity if any of the following occur:

(1)

An alcoholic beverage sales commercial activity discontinues operation for more than one hundred twenty days;

(2)

An alcoholic beverage sales commercial activity surrenders, abandons, closes, or quits its licensed premises;

(3)

An alcoholic beverage sales commercial activity's license is surrendered or suspended;

(4)

An existing alcoholic beverage sales commercial activity changes its activity so that the state of California Department of Alcoholic Beverage Control requires a different type of license;

(5)

An existing alcoholic beverage sales commercial activity expands the floor area devoted to the display or sales of alcoholic beverages, or both, by more than twenty percent;

(6)

Any other circumstances that results in a substantial change in the mode or character of operation of the alcoholic beverage sales commercial activity, except for those circumstances listed in subdivision (b) of Section 23790 of the California Business and Professions Code.

(b)

The purpose of a public hearing under this article is to receive testimony and determine whether the premises have operated continuously without substantial change in the mode or character of operation. Notice of the public hearing will be in accordance with Section 82-38.1004.

(c)

At the conclusion of a public hearing under this article, the administrative hearing officer may determine that a substantial change in the mode or character of operation of the premises either has occurred or has not occurred.

(d)

If the administrative hearing officer determines that a substantial change in the mode or character of operation of the premises has occurred, the alcoholic beverage sales commercial activity must cease operation and may not resume unless it applies for and obtains a land use permit in accordance with this chapter.

(e)

The determination of the administrative hearing officer becomes final thirty calendar days after the date of decision unless appealed to the board of supervisors in accordance with Section 82-38.1002.

(Ord. 2002-33 § 2).

Article 82-38.6. Land Use Permits for New Alcoholic Beverage Sales Commercial Activities