Any establishment with a nonconforming alcoholic beverages sales use that does not retain the same type of retail liquor license within a license classification or does not remain in continuous operation with no substantial change in mode or character of operation or both shall lose its nonconforming status, and shall not thereafter be reestablished, and any subsequent use of the premises shall be in conformity with all the regulations of this title.

    A.    A break in “continuous operation” does not include a period of less than thirty (30) days, the suspension of business due to extraordinary circumstances beyond the control of the licensee, or a closure of up to one hundred eighty (180) days during the diligent pursuit of building repairs or remodeling undertaken pursuant to a valid building permit.

    B.    “Substantial change in mode or character of operation” includes: (i) closure, abandonment, discontinuance, or suspension of the business for more than one hundred eighty (180) consecutive days; (ii) alteration of the premises that would result in an increase of more than ten percent of the existing gross floor area of all structures on the premises; (iii) revocation or suspension of the license by the Department of Alcoholic Beverage Control for a period of more than thirty (30) days; or (iv) conviction of the owner, operator, or licensee for violation of Health and Safety Code Sections 11350, 11351, 11352, 11550 or 11364.7 when the conviction relates to the premises or operation of the establishment.

    C.    An action to revoke a nonconforming alcoholic beverages sales use under this section shall be taken by the board of zoning adjustments in whose jurisdiction the property is located pursuant to the procedures of the board of zoning adjustments. (Ord. 2004-83 § 1)