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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 />for the issuance of a conditional use permit in order to continue the alcoholic beverage <br />sales activity: <br />1. An existing alcoholic beverage sales activity changes its activity so that ABC <br />requires a different type of license. <br />2. An existing alcoholic beverage sales activity is not in compliance with other <br />provisions contained in this Title. <br />3. There is a substantial modification to the mode or character of operation. <br />4. As used herein, the phrase "substantial modification to the mode or character <br />of operation" includes but is not be limited to the following: <br />a. The off -sale alcoholic beverage sales activity establishment increases the floor <br />or land area or shelf space devoted to the display or sales of any alcoholic beverage. <br />b. The off -sale alcoholic beverage sales activity establishment extends the hours <br />of operation. <br />c. The off -sale alcoholic beverage sales activity establishment proposes to <br />reinstate alcohol sales after the ABC license has been either revoked or suspended for <br />a period 180 days or greater by ABC. <br />d. The off -sale alcoholic beverage sales activity voluntarily discontinues active <br />operation for more than 180 consecutive days or ceases to be licensed by the ABC. <br />5. A "substantial change in the mode of character of operation' shall not <br />include: <br />a. Re-establishment, restoration or repair of an existing off -sale alcoholic <br />beverage sales activity on the same premises after the premises have been rendered <br />totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, <br />provided that the re-establishment, restoration or repair does not extend the hours of <br />operation of any establishment or add to the capacity, floor or land area or shelf space <br />devoted to alcoholic beverages of any establishment that sells any alcoholic beverages <br />for off-site consumption. <br />b. Temporary closure for not more than 180 days in cases of vacation or illness <br />or for purposes of repair, renovation, or remodeling if that repair, renovation, or <br />remodeling does not change the nature of the premises and does not extend the hours <br />of operation of any establishment, or add to the capacity, floor or land area, or shelf <br />space devoted to alcoholic beverages of any establishment that sells any alcoholic <br />beverages for off-site consumption, provided notice is provided to the City. The <br />planning commission may, upon request of an owner of an alcoholic beverage sales <br />establishment made prior to the expiration of 180 days, grant one or more extensions <br />to the period of temporary closure, none of which may exceed 60 days, and together <br />not to exceed 180 days. <br />23152.06000\30617514.1 - 9 - <br />