HomeMy WebLinkAboutBZA 154-489RESOLUTION B.Z.A. 154-489
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A CONDITIONAL USE PERMIT FOR THE
SERVICE OF BEER AND WINE IN CONJUNCTION WITH A RESTAURANT
LOCATED AT 68 PIER AVENUE, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach,
at a public hearing held on October 18, 1982 in the Council Chambers
of the City Hall, considered the request of Mr. LeRoy Mills to allow
the service of beer and wine in conjunction with the operation of a
restaurant, on property legally described as Lot 13, Block 2, Hermosa
Beach Tract; and
WHEREAS, at said public hearing, the Board heard testimony from the
applicant that all of the proposed conditions were accetpable to him;
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 a restau-
rant on property located at 68 Pier Avenue, 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. Posting of sign inside advising illegality of open containers on
public streets, sidewalks, Strand and ,beach.
4. Provide screens on exterior openable windows when alcoholic bever-
ages are being served to insure no pass thru of same.
5. Any changes to the interior layout of the establishment shall
require that it be returned to the Board of Zoning Adjustments,
and it may revoke the conditional use permit if the new interiors
are not consistent with the original approval.
6. Operators of the business must police the sidewalks which are dir-
ectly adjacent to the business for litter and maintain in a clean
and orderly manner on a daily basis.
7. 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/
or the gross sales of alcoholic beverages. Upon request at the
time the City inspects the books and records of the applicant, the
applicant shall also submit to the City copies of all records sub-
-Continued -
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PAGE 2 -RESOLUTION B.Z.A. 154-489
68 PIER AVENUE
mitted to the State Board of Equalization for purposes of com-
puting 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.
8. Maximum permissible occupancy must be clearly posted at all times
and may not be exceeded at any time. If the Police and/or Fire
Departments determine that the maximum permissible occupancy of
the building is being violated, they may cite the business and
initiate a conditional use permit revocation.
9. Hours of servi~~·,of alcoholic beverages shall be limited to
7:00 a.m. to 9:30 p.m.
10. No admission, or service of alcohol, to anyone on skates.
11. There shall be a six month review.
12. 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
VOTE:
force and effect. The parties understand that the applicant is
represented by counsel at all steps of these proceedings and it
is the opinion of the City Attorney that the conditions meet
Constitutional 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 unenforceable, and parties waive all rights to damages.
AYES: Comms. Cutler, Ebey, Toth, Chmn. Moore
NOES: None
ABSENT: Comm. Williams
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-489 was adopted
by the Board of Zoning Adjustments of the City of Hermosa Beach at a
regular meeting held. on the 18th -day of October, 1982.
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