Compton City Zoning Code
§ 30-51.8
Grounds for Deemed Approved Status Suspension, Revocation, or Termination.
[Ord. #2300 § 1]
An Alcoholic Beverage Sales Establishment's Deemed Approved Status may be modified, suspended for up to one year, or revoked by the Administrative Hearing Officer if, after investigation as provided in subsection 30-51.17, and holding a public hearing, the Administrative Hearing Officer finds and determines that violations of this section have occurred, are occurring, or are likely to occur, for failure to comply with the Performance Standards set forth in subsection 30-51.6. Notice of such hearing by the Administrative Hearing Officer at which it will consider the modification, suspension or revocation of an establishment's Deemed Approved Status shall be in writing and shall state the grounds therefore. Notice shall be mailed by U.S. first-class mail and certified mail return receipt requested at least 10 days before the date of the hearing.
The occurrence of any one of the following shall immediately terminate the Deemed Approved Status of an Alcoholic Beverage Sales Establishment, requiring the immediate termination of all Alcoholic Beverages Sales Activity, and require the application of a conditional use permit in order to reestablish the Alcoholic Beverage Sales Activity:
a.
An existing Alcoholic Beverage Sales Establishment changes its activity so that ABC requires a different type of license.
b.
The Alcoholic Beverages Sales Establishment with unabated violations of the Deemed Approved Performance Standards lasting more than 12 consecutive months or more than three violations of the Deemed Approved Performance Standards in a twelve-month period commencing upon the issuance of the first violation.
c.
There is a substantial modification to the mode or character of operation.
d.
As used herein, the phrase "substantial modification to the mode or character of operation" includes but is not be limited to the following:
1.
The Offsite or Onsite Alcoholic Beverage Sales Establishment increases the floor area or shelf space devoted to the display or sales of any Alcoholic Beverage.
2.
The Offsite or Onsite Alcoholic Beverage Sales Establishment increases the number of customer seats primarily devoted to the sale or service of any Alcoholic Beverages.
3.
The Offsite or Onsite Alcoholic Beverage Sales Establishment extends its normal hours of operation.
4.
The Alcoholic Beverage Sales Establishment proposes to reinstate Alcoholic Beverage Sales Activity after the ABC license has been either revoked or suspended for a period greater than 14 days by ABC.
5.
The Alcoholic Beverage Sales Establishment discontinues active operation for more than 90 consecutive days or ceases to be licensed by the ABC.
e.
A substantial modification in the mode of character or operation shall not include:
1.
Re-establishment, restoration or repair of an existing Alcoholic Beverage Sales Establishment on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident, or act of God, provided that the reestablishment, restoration or repair does not extend the normal hours of operation of any establishment or add to the capacity, floor area, or shelf space devoted to Alcoholic Beverages of any establishment that engages in any Alcoholic Beverage Sales Activity.
f.
If it is determined by the City that there has been a discontinuance of active operation for more than 90 consecutive days or a cessation or lapse of ABC licensing, an Alcoholic Beverage Sales Establishment may resume Alcoholic Beverage Sales Activity only upon the granting of a conditional use permit as provided in this section. In the event that any active operation is discontinued on a property for a period of 90 consecutive days or more, such discontinuance shall be presumed to be abandonment of the use by the property owner. At any time after any active operation is discontinued for a period of 90 consecutive days or more, the City Manager's designee shall notify the property owner in writing of the determination of presumed abandonment of the active operation. Pursuant to Section 30-26 of this chapter, the property owner may appeal the determination to the Planning Commission, which may overturn the determination only upon making a finding that the evidence supports the property owner's position that the Deemed Approved Activity was not discontinued for a period of 90 consecutive days or more. The property owner shall be notified by the city of the termination of the Deemed Approved Status and shall be informed of the property owner's right to appeal the City's decision to the Planning Commission.