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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />store and a retail pharmacy that devotes any percentage of its gross floor area to the <br />sale and display of alcoholic beverages. <br />D. "California Department of Alcoholic Beverage Control" or "ABC' refers to <br />the department of the state of California empowered to act pursuant to Article 20, <br />section 22, of the California Constitution and authorized to administer the provisions <br />of the Alcoholic Beverage Control Act. <br />E. "Deemed approved activity" means any legal nonconforming alcoholic <br />beverage sales commercial activity (as defined below). Such activity shall be <br />considered a deemed approved activity so long as it complies with the deemed <br />approved performance standards set forth in this chapter. <br />F. "Deemed approved status" means the permitted use of land for a deemed <br />approved activity. Deemed approved status replaces legal, nonconforming status for <br />on -sale and off -sale alcohol establishments with respect to alcoholic beverage sales <br />commercial activity and remains in effect as long as it complies with the deemed <br />approved provisions and performance standards of this chapter. <br />G. "Enforcement officer" means the chief of police or designee. <br />H. "Illegal activity" means an activity, which has been determined to be in <br />noncompliance with local, state or federal laws, the conditions of any applicable <br />permits, or the deemed approved provisions and performance standards in this <br />chapter. A deemed approved activity may lose its deemed approved status and if it <br />does not comply with the deemed approved performance standards and/or other <br />conditions applicable to its continued operation. In such cases it shall no longer be <br />considered a deemed approved activity. <br />I. "Legal nonconforming alcoholic beverage sales commercial activity" or "legal <br />nonconforming activity" means an on -sale and/or off -sale alcoholic beverage sales <br />commercial activity which was a legal, nonconforming use pursuant to Chapter 18.46, <br />and for which a valid state of California Alcoholic Beverage Control license had been <br />issued and used in the exercise of the rights and privileges conferred by the license at a <br />time immediately prior to January 19, 2010. A "legal nonconforming alcoholic <br />beverage sales commercial activity" or "legal nonconforming activity" includes all <br />beverage sales activities of existing on -sale and off -sale alcoholic beverage <br />establishments that are not in conformance with the regulations applicable to new on - <br />sale and off -sale alcoholic beverage establishments contained in this title. Such an <br />activity shall be considered a deemed approved activity and shall no longer be <br />considered a legal nonconforming activity. <br />J. "Modify" or "modified" means the expansion or increase in intensity or <br />substantial change of a use, as these terms are used in this chapter. <br />23152.06000\30617514.1 - 5 - <br />