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(1) The proposed establishment is within one thousand (1,000) linear <br />feet of an existing off -sale alcohol license as measured from the <br />primary entrance of one (1) establishment to the primary entrance <br />of the other establishment. <br />(2) The proposed establishment is within one thousand (1,000) linear <br />feet of any property used as a school primarily attended by minors, <br />for a skurrh religious institution or for park purposes as measured <br />from the door of one (1) establishment to the door of the other <br />use(s). <br />(3) The proposed establishment is determined to be over concentrated <br />by the State Department of Alcohol Beverage Control as defined in <br />Business and Professions Code Section 23958.4. <br />(e) Finding of public convenience or necessity for off -sale establishments <br />under ten thousand (10,000) square feet located within an area of undue <br />concentration. If the proposed off -sale establishment is located within an <br />area deemed to have an undue concentration of off -sale alcohol licenses <br />pursuant to the State Department of Alcoholic Beverage Control, the City <br />may, at its discretion, prepare a letter of public convenience or necessity <br />to allow the alcohol license pursuant to the process contained in Section <br />41-645.5. However, the conditions fn--subsections (2) (1) and (3) 2 of <br />Section 41-196(d) may not be waived. <br />(f) Operational standards for off -sale establishments. The following <br />operational standards shall be included in the conditions of approval for <br />the conditional use permit required pursuant to Section 41-196: <br />(1) No alcoholic beverages shall be consumed on any property <br />adjacent to the licensed premises under the control of the licensee. <br />(2) The applicant shall be responsible for maintaining free of litter the <br />area adjacent to the premises over which he or she has control. <br />(3) There shall be no exterior advertising of any kind or type, including <br />window signs or other signs visible from outside, promoting or <br />indicating the availability of alcoholic beverages on the premises. <br />(4) There shall be no coin -operated games maintained on the premises <br />at any time. <br />(5) All public telephones shall be located on the interior of the <br />premises. <br />Ordinance No. NS-XXXX <br />Page 3 of 13 <br />11 A-3 <br />