§ 82-38.808. Deemed approved performance standards.

An existing alcoholic beverage sale commercial activity retains its deemed approved status only if it conforms with all of the following standards:

(a)

Its operation does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area;

(b)

Its operation does not result in repeated nuisance activities on or near the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

(c)

Its operation does not result in violations of other county, state, or federal regulations, ordinances, or statutes;

(d)

Its operation does not result in the transfer, expiration or revocation of a state of California Department of Alcoholic Beverage Control license;

(e)

Its upkeep and operating characteristics are compatible with and will not adversely affect the liveability or orderly development nor encourage the marginal development of abutting properties and the surrounding neighborhood; and

(f)

Its operation does not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area.

(Ord. 2002-33 § 2).