Circle K Stores v. City of San Buenaventura CA2/6

FACTS AND PROCEDURAL HISTORY

Circle K owns and operates four convenience stores in the City, one of which is located at 3506 East Main Street (the store). Since at least July of 1994, Circle K has been licensed by the California Department of Alcoholic Beverage Control (ABC) to sell alcoholic beverages at the store. In January of 2006, the City issued Circle K a "deemed approved" permit (permit) for the sale of alcoholic beverages. The permit was renewed every year until the subject revocation in May of 2011. The permit was issued by operation of law pursuant to Chapter 24.460 of the San Buenaventura Municipal Code (SBMC), which was enacted in October 2005. The law provides that all establishments already operating under a valid ABC license were entitled to a conditional use permit allowing them to continue selling alcoholic beverages, subject to certain standards. (SBMC, § 24.460.310.)1 Those standards include requirements that the establishment operate in strict compliance with the Alcoholic Beverage Control Act (ABCA) (Bus. & Prof. Code, § 23000 et seq.), and correct any conditions deemed to be nuisances. (§ 24.460.410.) The ordinance also provides that the permit may be…