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A. Purpose. This section establishes standards regarding the permitting requirements for businesses involved in the sale of alcoholic beverages.

B. Applicability. The regulations of this section apply to any use which is subject to a state issued Alcoholic Beverage Control (ABC) license, either on-sale or off-sale.

C. Development Standards.

1. Permit Requirements – Uses With Off-Sale ABC Licenses.

a. Convenience stores, food stores and other similar stores with ABC licenses and with less than fifteen thousand square feet of floor area shall require a conditional use permit.

b. Supermarkets and retail stores with ABC licenses and with fifteen thousand square feet or more of floor area will require a conditional use permit if located within an over-saturated census tract as defined by the State Department of Alcoholic Beverage Control.

c. Liquor stores with ABC licenses shall require a conditional use permit.

2. Permit Requirements – Uses With On-Sale ABC Licenses.

a. Bars, taverns, cocktail lounges and nightclubs with ABC licenses shall require a conditional use permit.

b. Sit-down restaurants with an ABC license whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary to the sale of food, are exempt from the requirement of a conditional use permit. An incidental bar or lounge may be allowed for the convenience of dining patrons; however, if the bar area exceeds twenty-five percent of the floor area a conditional use permit shall be required. (Ord. 706 § 3 (Exh. A), 2019).