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Compton City Zoning Code

§ 30-51.2

Definitions.

[Ord. #2300 § 1]
The meaning and construction of the words and phrases set forth below shall apply throughout this Section 30-51, except where the context clearly indicates a different meaning or construction.
ALCOHOLIC BEVERAGE
Means alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, liquor, wine or beer, that contains 1/2 of 1% or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.
ALCOHOLIC BEVERAGE SALES ACTIVITY
Means the retail sale of alcoholic beverages for onsite or offsite consumption.
ALCOHOLIC BEVERAGE SALES ESTABLISHMENT
Means an establishment where Alcoholic Beverage Sales Activity occurs. Alcoholic Beverage Sales Establishments include but are not limited to the following recognized types of establishments: grocery stores/major retailers, liquor stores, beer and wine stores, convenience stores/markets, specialty food markets, retail sales establishments, wine shops, theaters, comedy clubs, bowling alleys, billiard or game parlors, service stations, social halls, taverns, cocktail lounges, dance halls, nightclubs, bars, and alcoholic beverage tasting rooms. This definition excludes fast food establishments, restaurants (serving of Alcoholic Beverages with meals only), manufacturing, wholesale, and temporary events.
CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OR ABC
Refers to the department of the State of California empowered to act pursuant to Article 20, section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.
CONDITIONS OF APPROVAL
Means all requirements that must be carried out by the owners engaged in the activity of: (A) a new Alcoholic Beverage Sales Activity in connection with a conditional use permit, or (B) by an existing permitted, conditionally permitted, or Legal Nonconforming Alcoholic Beverage Sales Activity to comply with Deemed Approved Performance Standards and to retain its Deemed Approved Status.
DEEMED APPROVED ACTIVITY
Means any existing permitted, conditionally permitted, or Legal Nonconforming Alcoholic Beverage Sales Activity. Such activity shall be considered a Deemed Approved Activity as of the effective date of this ordinance enacting this Section (date) as long as it complies with the Deemed Approved Performance Standards set forth in subsection 30-51.6.
DEEMED APPROVED ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS
Means any existing establishment engaged in permitted, conditionally permitted, or Legal Nonconforming Alcoholic Beverage Sales Activity and in compliance with the Deemed Approved Performance Standards set forth in subsection 30-51.6.
DEEMED APPROVED ALCOHOLIC BEVERAGE SALES REGULATIONS
Means the those standards and regulations contained in subsection 30-51.6 applicable to Deemed Approved Alcoholic Beverage Sales Activities for Onsite Alcoholic Beverage Sales or Offsite Alcoholic Beverage Sales that have been legally established and operating, with or without a conditional use permit, within the City as of the effective date of the ordinance establishing this section.
DEEMED APPROVED PERFORMANCE STANDARDS
Means those standards set forth in subsection 30-51.6.
DEEMED APPROVED STATUS
Means the permitted use of land for a Deemed Approved Activity. Deemed Approved Status replaces legal nonconforming status with respect to an Alcoholic Beverage Sales Activity and remains in effect as long as the activity complies with the Deemed Approved Performance Standards.
FLOOR AREA
Means the sum of the gross area of all floors in all buildings on a site, measured from the exterior faces of the exterior walls.
ILLEGAL ACTIVITY
Means an activity which has been determined to be in noncompliance with the Deemed Approved Performance Standards. 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 the City's nonconforming use regulations and for which a valid ABC license had been issued and used in the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date of the ordinance establishing this section. Such an activity shall be considered a Deemed Approved Activity and shall no longer be considered a Legal Nonconforming Activity.
OFFSITE ALCOHOLIC BEVERAGE SALES
Means any Alcoholic Beverage Sales Establishment licensed to engage in the retail sale of Alcoholic Beverages for offsite consumption. Offsite alcohol sales shall include:
1. 
LIQUOR STORESWhich means any licensed retail business containing more than 4,000 square feet authorized by the state and licensed by the City that engages in the sale of packaged alcoholic beverages (distilled spirits, beer, wine or combination thereof).
2. 
CONVENIENCE STORESWhich means a place of business used for the retailing of a general food and drink products not intended for home preparation and consumption with more than half the square footage 50% of the retail sales floor area dedicated to the sale of such foods and non-alcoholic drinks, tobacco, magazines, toiletries, or any combination thereof. Convenience stores shall only be permitted to sell Beer, and Wine.
3. 
GROCERY STORE/MAJOR RETAILERWhich means any licensed retail grocery/retail business over 10,000 square feet in size, selling a variety of consumer goods and does not fall within the definition of Convenience Store. For no Conditional Use Permit to be required less that 15% of the retail floor space can be devoted to display and sales of alcoholic beverages.
4. 
SMALL GROCERY STOREMeans any licensed retail food establishment under 10,000 square feet that has more than 50% of the retail floor area dedicated to food products requiring home preparation (including fruits and vegetables). Small grocery stores shall only be permitted to sell Beer, and Wine with less than 10% of the retail floor space devoted to the display and sales of alcoholic beverages, unless they meet the requirements of a Liquor store.
5. 
RETAIL STOREMeans any licensed retail store under 10,000 square feet, including, but are not limited to boutiques, department stores, outlets and discount stores that offer a wide variety of consumer goods including food and non food items for sale and does not fall within the definition of Convenience or Small Grocery store. All food items sold shall be less than 40% of the retail floor space. Retail stores shall only be permitted to sell Beer and Wine with a Conditional Use Permit.
ONSITE ALCOHOLIC BEVERAGE SALES
Means any Alcoholic Beverage Sales Establishment licensed to engage in the retail sale of alcoholic beverages for onsite consumption. Onsite alcoholic beverage sales shall include:
1. 
BARS AND LOUNGESWhich means any retail business authorized and licensed by the state and the City that engages in the sale of some or all types of alcoholic beverages, including beer, ale wine, distilled spirits, or any combination thereof, for consumption on the premises and in which food is not sold or served to the public as in a bona fide eating place or restaurant, or where the sale and service of food products is incidental to the sale or service of alcoholic beverages.
2. 
ENTERTAINMENT USEMeans any entertainment business authorized and licensed by the state and the City such as a theater, discotheque, banquet facility, a comedy club or a jazz club, where the sale of alcoholic beverages is an accessory to the primary purpose of entertainment or recreation. The primary source of revenue must come from a source other than alcoholic beverage sales.
3. 
RESTAURANTMeans a bona fide eating place whose predominant function is the service of a full range of food selections in a sit-down setting with table service, and little, if any emphasis on 'take out' food with onsite accessory sales of alcohol. "Restaurant" shall include the incidental serving of alcoholic beverages provided a conditional use permit has been obtained pursuant to the provisions of Section 30-26 of this Chapter.
OPERATIONAL STANDARDS
Means regulations for the business practice activities and land use for locations with a conditional use permit enumerated by subsection 30-51.11 or those further requirements imposed to achieve these goals. Operational Standards constitute requirements that must be complied with by an establishment in order to maintain its conditional use permit.
PERFORMANCE STANDARDS
Means regulations for the business practice activities and land use for locations with Deemed Approved Status or those further requirements imposed to achieve these goals. Performance Standards constitute requirements that must be complied with by an establishment in order to retain its Deemed Approved Status.
PERMIT
Means a conditional use permit issued pursuant to this section.
PERMITTEE
Means the individual or entity that owns an Alcoholic Beverage Sales Establishment and to whom a conditional use permit to operate an Alcoholic Beverage Sales Establishment has been issued by the City.
SURROGATE SALES
Means the purchasing of alcohol by an individual on behalf of another individual, typically an adult purchasing alcohol on behalf of or for consumption by a minor.