Section 6.104.040 Definitions.

    “Alcoholic beverage” means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirit, wine, or beer, which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, and sales of which requires a State Department of Alcoholic Beverage Control license.
    “Alcoholic beverage sales commercial activity” means the retail sale, for on- or off-premises consumption, of liquor, beer, wine, or other alcoholic beverage.
    “Alcoholic beverage sale establishment” means any eating and drinking establishment, convenience store, dance hall, liquor, beer and wine store, neighborhood specialty food market, retail sales establishment, or service station that sells alcoholic beverages for on- or off-sale consumption; with the exception of wineries.
    Board of Zoning Adjustments. As established in the Administrative Code, Chapter 2.40.
    “Condition of approval” means a requirement which must be carried out by the establishment in order to cure its violation of the performance standards of Section 6.104.060 and to ensure its compliance with those standards.
    “Enforcement officer” means the Alameda County planning director or designee and the Alameda County sheriff or designee.
    “Illegal activity” means an activity which has been finally determined to be in noncompliance with the performance standards in Section 6.104.060, or any other condition, standard, ordinance, regulation or statute.
    “Performance standards” means regulations prescribed in the performance standards in Section 6.104.060 of this article.
    “Premises” means the space devoted to alcoholic beverage sales, to include property legally associated with the establishment and parking lots.
    Public Nuisance. As defined in Civil Code Sections 349 and 3480, and in Penal Code Section 370, as presently written or as subsequently amended. (Ord. 2005-28 § 1 (part); Ord. 2002-83 § 1 (part))