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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 />All legal nonconforming alcoholic beverage sales activities for on-site or off-site <br />consumption, existing and operating within the City on January 19, 2010 shall <br />automatically become deemed approved activities and shall no longer be considered <br />legal nonconforming activities. Each deemed approved activity shall retain its deemed <br />approved status as long as it complies with the performance standards of this chapter. <br />15.47.070 Deemed approved performance standards. <br />The provisions of this section shall be known as the deemed approved <br />performance standards. The purpose of these standards is to control dangerous or <br />objectionable environmental effects of alcoholic beverage sales activities. These <br />standards shall apply to all deemed approved alcoholic beverage sales activities that <br />hold deemed approved status pursuant to this chapter. An alcoholic beverage sales <br />activity shall retain its deemed approved status only if it conforms to all of the <br />following deemed approved performance standards: <br />A. The alcohol establishment shall not cause adverse effects to the health, peace <br />or safety of persons residing or working in the surrounding area. <br />B. The alcohol establishment shall not jeopardize or endanger the public health <br />or safety of persons residing or working in the surrounding area. <br />C. The alcohol establishment shall not allow repeated nuisance activities within <br />the premises or in close proximity of the premises, including but not limited to <br />disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, <br />harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, <br />theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal <br />parking in surrounding neighborhoods, excessive loud noises, especially in the late <br />night or early morning hours, traffic violations, curfew violations, or lewd conduct. <br />D. The alcohol establishment shall comply with all provisions of local, state or <br />federal laws, regulations or orders, including but not limited to those of the ABC, <br />California Business and Professions Code sections 24200, 24200.6, and 25612.5, as well <br />as any condition imposed on any permits issued pursuant to applicable laws, <br />regulations or orders. This includes compliance with annual city business license fees. <br />E. The off -sale alcohol establishment's upkeep and operating characteristics <br />shall be compatible with and not adversely affect the livability or appropriate <br />development of abutting properties and the surrounding neighborhood. <br />F. A copy of these performance standards, any applicable ABC or city operating <br />conditions, and any training requirements shall be posted in at least one prominent <br />23152.06000\30617514.1 - 7 - <br />