HomeMy WebLinkAboutBZA 154-480RESOLUTION B.Z.A. 154-480
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT TO ALLOW
THE SERVICE OF BEER AND WINE IN CONJUNCTION WITH THE OPERA-
TION OF A RESTAURANT ON PROPERTY LOCATED AT 110 SECOND STREET,
HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on August 16, 1982, considered the request of
Mrs. Tonya Erion for permission to allow the service of beer and wine
in conjunction with the operation of a restaurant, on property legally
described as Lot 13,' Tract 1122; and
WHEREAS, at said public hearing, the Board heard testimony from the
applicant that all of the proposed conditions were acceptable to her;
and
WHEREAS, the proposed conditional use permit is in conformance with
the area's zoning and general plan designation;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Zoning Adjustments
of Hermosa Beach does hereby approve a conditional use permit for the
service of beer and wine in conjunction with the operation of said
restaurant at 110 Second Street, subject to the following conditions:
1. Service of alcoholic beverages shall be in an establishment that
operates a full kitchen and provides a full menu (complete lunches
and/or dinners, with hot entrees) and the primary purpose of the
establishment is service of food.
2. All alcoholic beverages shall be consumed within the premises.
3. Hours of operation to be 11:00 a.m. to 9:30 p.m. on weekdays and
9:00 a.m. to 9:30 p.m. on weekends.
4. No admission, or service of alcohol, to anyone on skates.
5. Posting of sign inside advising illegality of open containers
on public streets, sidewalks, Strand and beach.
6. Provide screens on exterior openable windows to insure no pass
thru of alcoholic beverages.
7. Any changes to the interior layout of this establishment shall
require that it be returned to the Board of Zoning Adjustments,
and it shall revoke the conditional use permit if the new interiors
are not in the spirit of the original approval and intent.
8. If any one of the above conditions, except hours of doing business,
is not observed, the conditional use permit shall become void.
9. This conditional use permit is issued exclusively for and so long
as the premises remain a restaurant, which is defined as having
gross sales as follows: not less than 65% food sales -35% beer
and/or wine sales computed monthly. The City shall have the right
during business hours upon 15 days notice to inspect the books and
records of the applicant to determine the gross sales of food and/
-Continued -
,I
PAGE 2 -RESOLUTION B.Z.A. 154-480
110 SECOND STREET
or the gross sales of alcoholic beverages. Food shall include
the sale of beverages other than alcoholic beverages. Upon request
at the time the City inspects the books and records of the appli-
cant, the applicant shall also submit to the City copies of all
records submitted to the State Board of Equalization for purposes
of computing sales tax. Applicant gives the right to the City to
review the records of the State Board of Equalization for the
purposes of verifying the applicant's books and records, with the
understanding that these reviews are confidential.
10. There will be a one-year review.
11. In the event that any one condition is found to be illegal or
unenforceable by a court of competent jurisdiction~ then the
parties agree that all other conditions shall remain in full force
and effect. The parties understand that the applicant is repre-
sented by counsel at all steps of these proceedings and it is the
opinion of the City Attorney that .the conditions meet Constitu-
tional requirements, and in the event that either attorney is in
error both parties agree that no action for damages shall be brought
against the other party and that the exclusive remedy on behalf of
the applicant is for a Mandate of Declaratory Relief to make the
determination that any one or more conditions is illegal and unen-
forceable, and parties waive all rights to damages.
VOTE:
AYES: Comms. Ebey, Toth, Williams, Chmn. Moore
NOES: None
ABSNET: Comms. Cutler, DeBellis, Merrill
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-480 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held on the 16th day of August, 1982.
Date : ___ {J_~-~--l-~-1_/i_i'_L....... __ _
CORALIE EBEY,