HomeMy WebLinkAboutPC Resolution 09-03 - (22 Pier, Dragon)RESOLUTION P.C. 09-3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, AMENDING, RESTATING AND
SUPERSEDING A CONDITIONAL USE PERMIT FOR ON SALE
GENERAL ALCOHOL AND LIVE ENTERTAINMENT IN CONJUNCTION
WITH AN EXISTING RESTAURANT AT 22 PIER AVENUE, KNOWN AS
"DRAGON"; EXTENDING HOURS OF OPERATION FROM 12:00
MIDNIGHT CLOSING DAILY TO 1:00 A.M. THE FOLLOWING
MORNING THURSDAY, FRIDAY, SATURDAY AND VARIOUS
HOLIDAYS; EXTENDING LIVE ENTERTAINMENT FROM 11:30 P.M.
THURSDAY, FRIDAY, SATURDAY AND VARIOUS PUBLIC HOLIDAYS
TO 12:30 A.M. THE FOLLOWING MORNING; MODIFYING
REQUIREMENTS REGARDING FOOD SALES AND ENTRANCE FEES;
AND REQUIRING A SIX MONTH REVIEW.
Section 1. The Planning Commission on January 20, 2009 held a duly noticed public
hearing to consider an application for an amendment to an existing Conditional Use Permit
(CUP 09-2) and to conduct a six month review of the business known as Dragon, at which
time testimony and evidence, both oral and written, was presented to and considered by
the Planning Commission,
Section 2. Based on the Staff Report, testimony and evidence received, both oral and
written, the Planning Commission makes the following factual findings:
1. The site is zoned C-2 (Restricted Commercial) allowing on sale alcohol use and
live entertainment in conjunction with an existing restaurant with approval of a
Conditional Use Permit;
2. On June 24, 2008, the City Council adopted Resolution 08-6601 upholding the
Planning Commission's decision to modify Conditional Use Permit (CUP 03-24)
after finding that activities onsite were being exercised contrary to the conditions
of approval in a manner that adversely affected public welfare, including
restrictions to (1) reduce closing hours from 2:00 a.m. to midnight daily, (2)
prohibit the charging of admission to the premise, and (3) require the sale of
alcohol with an accompanying food order;
3. The applicant requests amendment of Resolution 08-6601 to remove the above
three conditions, extend opening hours to 2:00 a.m. Thursday to Sunday and
various Public Holidays, and extend live entertainment hours from 11:30 p.m. to
12:30 a.m. Thursday to Sunday and various public holidays, and to conduct a six
month review;
4. The Hermosa Beach Chief of Police by memo dated January 24, 2009 notes a
significant drop in police calls to the premises since the City Council modified the
Conditional Use Permit on June 24, 2008, and does not object to a one -hour
extension of the premise's closing time from 12:00 midnight to 1:00 a.m. provided
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additional security personnel are employed;
5. The Hermosa Beach Fire Department has no recorded over -crowding incidents
relating to this premises since the City Council's modification hearing, and the
California State Department of Alcohol Beverage Control records no alcohol
license violations since June 24, 2008;
6. Analysis of the alcohol point -of -sale receipts indicates that alcohol sales have
comprised less than fifty percent of gross receipts since June 24, 2008, in
accordance with Condition 1.3 of City Council Resolution 08-6601; and
7. The applicant has altered the interior floor layout to replace the dance floor area
with a dining area, which includes tables and seating; this revised floor plan has
been approved by the City's Building and Fire Departments in accordance with
the California Building Code, fire safety requirements and Conditional Use Permit
03-24.
Based on the foregoing, the Planning Commission makes the following findings:
1. The Commission finds that during the past six- month period, the applicant has
improved business operations and operated in a manner consistent with the
conditions of approval set forth in Resolution 08-6601. The improved business
operations have resulted in a significant drop in police calls, no overcrowding
violations, creation of a permanent seating area for diners and an increase in the
percentage of food sales at the establishment. For six -months, the CUP has been
exercised in a manner that preserves and protects the public welfare and safety on
and around Pier Plaza.
2. Given the severity of the prior violations that resulted in the City's June 24, 2008
CUP Modification set forth in City Council Resolution 08-661, the limited six-
month period of time that has elapsed since the modification, and the continuing
potential for disturbance to the public welfare and of surrounding uses residential
and commercial uses, the Planning Commission finds applicant's request to fully
restore the closing hours from 12:00 midnight to 2:00 a.m. Thursday to Sunday
and various public holidays to be inappropriate. Rather, the Commission finds
pursuant to Sections 17.40.020 and 17.40.080 of the Zoning Ordinance, an
incremental extension of closing hours to 1:00 a.m. Thursday to Sunday and
various public holidays to be appropriate and prudent, provided all alcohol
consumption must cease at the closing time and additional security personnel shall
be present onsite; hours of live entertainment shall also be extended to one-half
hour prior to the closing time; and staff are permitted to remain onsite after the
closing time for the purposes of cleaning, site maintenance and securing the
premises only.
3. The Commission finds a 'zero tolerance' approach is appropriate given the
severity of the applicant's prior violations and will take swift action to enforce the
conditions of this Conditional Use Permit should violations of the applicant's
Conditional Use Permit occur, and/or the City Manager determines a significant
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increase in Police and/or Fire Department activity at the premises has occurred.
4. It is appropriate for the applicant to have the ability to charge an admission charge
to patrons on the grounds this increases managerial control over patrons entering
the premise and provides a means of generating revenue for live entertainment
other than alcohol sales.
5. The wording of Condition 1.2 (Resolution 08-6601) "alcohol... shall be served
with an accompanying food order and in a manner consistent with its license
issued by the State Department of Alcoholic Beverage Control" is unduly
restrictive. The Commission finds it appropriate to remove the wording "shall be
served with an accompanying food order" from Condition 1.2. The wording of
Condition 1.3 (Resolution 08-6601) requiring that a certified public accountant
audit and certify the establishment's gross receipts on a monthly basis imposes an
undue financial burden on the applicant. The Commission finds it appropriate to
remove the wording "to be audited and certified by a certified public accountant"
from Condition 1.3. Notwithstanding, this action has no effect on any conditions
of the applicant's State Alcoholic Beverage license.
,Section 3. The proposed Conditional Use Permit amendment is Categorically Exempt
from the California Environmental Quality Act per Guidelines, Section 15332, hifill
Development Projects, as the project involves no physical change to any structure or site,
the number of patrons and operation will not significantly change, and the project is
located in an urbanized area on an urban lot available to all necessary public services,
access and facilities.
Section 4. Based on the foregoing, the Planning Commission hereby approves
Conditional Use Permit amendment (CUP 09-2) for on -sale general alcohol and live
entertainment in conjunction with a restaurant subject to the following Conditions of
Approval, which replaces and supersedes conditions imposed by City Council Resolution
08-6601. This Conditional Use Permit amendment (CUP 09-2) governs the entire
restaurant establishment, which includes the interior dining and bar area, outdoor dining
patio and associated parking arrangements
CONDITIONS:
1. Permitted use: dining. alcohol, entertainment
1.1 The continued operation of the business shall be as a bona ride restaurant: the
kitchen shall be equipped to prepare food from its component ingredients
whenever the restaurant is open and it shall offer a full -service lunch and/or
dinner menu; food service from the menu shall be available during all hours
that the establishment is open for business.
1.2 Alcohol may be served for on -premise consumption only and in a manner
consistent with its license issued by the State Department of Alcoholic Beverage
Control (ABC).
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1.3 The permittee shall maintain a summary of gross receipts of food and alcohol
indicating the percentage of each to the total on a monthly basis. The permittee
shall submit said summaries to the Police Chief on a quarterly basis. The Police
Chief reserves the right to request additional verification as needed to verify
compliance with this Conditional Use Permit. Failure to provide said quarterly
reports on a regular basis may result in a request by the City to the ABC to
investigate the subject business's compliance with the alcohol license conditions.
1.4 Live entertainment incidental to food service is permitted, and the types
permitted shall be consistent with definition thereof in Section 17.04.050 of the
Municipal Code and may include live music, amplified (including disc jockeys)
or non -amplified and similar live performances such as stand-up comedy,
and/or live theater on a regular basis. Live entertainment shall be "incidental'
in the sense that it serves to entertain customers who are in the premises for the
purpose of dining. Dancing by both employees and patrons is strictly
prohibited and signs shall be maintained in the restaurant notifying of this
restriction.
1.5 Drink minimums of any kind shall not be imposed at any time. Entry to the
establishment shall not be limited to persons 21 years of age or older.
1.6 The business is prohibited from using "outside promoters" to advertise the
venue and to organize and produce events at the venue. Promoters as used
herein are described as "an individual or organization that uses the facilities of
another owner to organize, oversee, or otherwise promote entertainment that is
not part of the primary business use. The business shall be under the exclusive
control of the owners at all times.
1.7 The permittee shall not solicit, advertise, or otherwise encourage the use of its
premises for "pub crawl" activities whereby persons travel in an organized or
predetermined fashion between premises with the goal of consuming alcoholic
beverages at each stop along the way.
1.8 There shall be no reduced price alcoholic beverage promotion that would
reduce the price of a single beverage below $3.00. This amount may be
modified in the future to reflect changes in economic conditions.
2. Hours of operation
2.1 The hours of operation for all operations of the restaurant, including the bar
areas, shall be limited to between 7:00 a.m. and 12:00 midnight Sunday through
Wednesday, and from 7:00 a.m. to 1:00 a.m. the following morning on Thursday,
Friday, and Saturday night, Cinco de Mayo, St. Patrick's Day, New Year's Eve,
Halloween, Thanksgiving Eve, Christmas Eve, and all State and Federal holidays.
All alcohol sales shall cease and all customers shall vacate the premises no later
than time of close and the entrance doors shall be locked.
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2.2 Hours of live entertainment shall be limited to 8:00 a.m. to 12:30 a.m. the
following morning on Thursday, Friday, Saturday nights, Cinco de Mayo, St.
Patrick's Day, New Year's Eve, Halloween, Thanksgiving Eve, Christmas Eve,
and all State and Federal holidays.
2.3 Staff are permitted to remain onsite after the business is closed to the public for
the purposes of cleaning, site maintenance and securing the premise only.
2.4 To allow for an adequate monitoring period, no further extension of operating
hours shall be permitted for at least six months from the date of this Resolution.
3. Floor plan
3.1 The furniture and interior improvement within the business operation and
outside patio shall conform to the interior Floor Plan dated March 25, 2008 and
the Outdoor Dining Patio Plan dated November 30, 2007; both plans are
attached as Exhibit "A" and date stamped by the Planning Division February
11, 2009. Other than trivial or insignificant deviations in the placement or
arrangement of furniture, no change whatsoever shall be made to the interior of
the premises that is inconsistent with the approved floor plan and under no
circumstances shall furniture or other interior/exterior improvements be
rearranged to accommodate dancing, more entertainment or greater occupancy
absent approval by the Planning Commission by way of modification of the
Conditional Use Permit.
3.2 The establishment shall have no more than eight (8) televisions.
4. Occupant Load; overcrowding
4.1 The Fire Department shall maintain a record of the posted allowable occupant
load for the business and regularly check the business for occupant load
compliance. The occupant load shall not exceed the amount permitted as
prescribed by the California Building Code, based on the floor plan shown in
Exhibit "A" which has been reviewed and approved by the Department of
Community Development and Fire Department (main restaurant) and Public
Works Department (outdoor patio within Encroachment Permit area). An
approved occupant load sign shall be posted in the business as directed by the
Fire Department.
The privilege granted to the permittee to serve alcohol for on -premises
consumption and to offer live entertainment may be suspended pursuant to the
provisions of this condition and the Hermosa Beach Municipal Code, as it exists
today or as may in the future be amended. The business may be subject to the
suspension provisions below, in the event that the business is found by the City
Manager, Fire Chief or Police Chief, to be in violation of any of the following:
a. Conditions of this Conditional Use Permit 09-02;
b. Conditions of the State Alcoholic Beverage Control license;
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c. Significant increase in police calls and/or public disturbances; or
d. The maximum, posted occupant load.
Should one violation occur, the City Manager may order the premises closed and
all. business operations suspended for three days, two of which shall fall on a
Friday and Saturday. If a second violation should occur, the City Manager may
order the premises closed and all business operations suspended for three days,
two of which shall fall on a Friday and Saturday, and shall immediately refer the
matter to City Council to consider an amendment to this CUP requiring a 12:00
am midnight daily closing time. The permittee shall be notified of the suspension
in writing. The actual date of the suspension and whether a violation has
occurred shall be as determined by the City Manager.
4.2 The permittee may appeal the suspension by filing a written notice of appeal with
the City Clerk within ten calendar days of receipt of the notice of suspension.
Filing a written notice of appeal shall stay the notice of suspension while the
appeal is pending. The appeal shall be heard by the City Council at its next
regular meeting, subject to agenda posting requirements. The City Council shall
hear testimony and consider evidence regarding the factual circumstances of the
violation and shall uphold the suspension if the evidence supports the existence of
the violation. The City Council's decision shall be final.
5. Nuisance avoidance, patron behavior and noise
5.1 The business shall not operate in a manner that adversely effects or interferes
with the comfortable enjoyment of neighboring residential and commercial
property.
5.2 To minimize public disturbances, four (4) uniformed security guards shall be
stationed onsite at all times between 10:00 p.m. to 1:15 a.m. the following
morning on Thursday, Friday, Saturday, Cinco de Mayo, St. Patrick's Day,
New Year's Eve, Halloween, Thanksgiving Eve, Christmas Eve, and State and
Federal holidays. The Police Chief may, in writing, following review of the level
of public disturbance associated with the subject site, reduce or modify the
security guard requirements at the premise.
5.3 The business owner shah install and/or maintain security lighting on the exterior
of the building subject to approval by the Police Chief and Department of
Community Development.
5.4 The business shall employ adequate staffing and management/ supervision to
prevent serving underage persons, over -serving alcohol, and loitering, unruliness,
and boisterous behavior by patrons both inside and outside on the business
premises, or in the immediate area. In particular, the permittee shall implement
and maintain the policies entitled "Regarding the Dragon's prohibition on
dancing and the Dragon's responsible sale and service of alcoholic beverages" as
submitted to the Planning Commission on May 20, 2008 and attached as Exhibit
11B," including the requirement for a manager to remain on the premises daily
C
from 7:00 p.m. until at least fifteen (15) minutes after the business closes, written
confirmation that all staff serving alcoholic beverages or monitoring patrons have
completed the Licensee Education on Alcohol and Drugs Training (LEAD) or an
equivalent staff training program offered by the California Department of
Alcoholic Beverage Control.
5.5 If the Police Chief determines that there are a disproportionate number of police
calls to the business due to the disorderly or disruptive behavior of patrons and
the inability or refusal of the business to manage its patrons, the Chief shall so
notify the Director of Community Development of these actions, who shall
forthwith schedule a public hearing before the Planning Commission to consider
modification or revocation of this Conditional Use Permit.
5.6 The business shall comply in all other respects with Municipal Code Chapter 8.24
(Noise Control) and noise from the premises shall not constitute a public
nuisance.
5.7 The permittee shall implement and maintain the noise control recommendation
in the acoustical study prepared by Davy and Associates dated June 9, 2004 and
attached hereto as Exhibit "C", to the satisfaction of the City, as well as features
previously installed or implemented measures including: double paned windows,
solid doors, self closing hardware on doors, and air conditioning system of
adequate capacity. In addition, the permittee shall continue to have all doors and
windows in a closed position during performance of any live entertainment and
the business management shall be responsible for volume levels of all music or
live entertainment.
5.8 No live entertainment, dancing, amplified music, audio, television or speakers of
any kind shall be permitted in the outside seating areas that are maintained
pursuant to an encroachment permit. In no event shall continuous, sustained or
repeated noise from the business be audible at the property line of any residential
premises at any time.
5.9 The permittee shall post and enforce a dress code that provides: "DRESS
CODE: Shoes and shirts required, no gang clothing or other articles/jewelry
indicative of gang affiliation is permitted, no beanies, no bandanas ands no
offensive message on clothing is permitted. We reserve the right to refuse service
to anyone."
5.10 The exterior of the premises shall be maintained in a neat and clean manner, and
maintained free of graffiti at all times.
6. Miscellaneous conditions
6.1 This Conditional Use Permit shall supersede and replace all Conditional Use
Permits previously approved for the property and City Council Resolution 08-
6601 is hereby rescinded and is of no further force and effect.
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6.2 The restaurant and on -sale alcohol and live entertainment shall be subject to
review by the Planning Commission six months after the effective date of this
Resolution and annually thereafter to verify conformance with the Conditions of
Approval.
6.3 The operation of the business shall comply with all ordinances, regulations and
laws applicable to a business of this kind in effect as of the date hereof or
hereafter adopted. In addition to any other remedy available at law, in equity or
as provided in the Municipal Code, any: (i) any significant or material violation,
or (ii) any repeated, continuous or sustained violation of any condition of
approval of this Conditional Use Permit shall constitute cause for revocation of
this Permit. The Permittee shall be required to reimburse the City fully for its
costs and expenses, including but not limited to attorney's fees, in undertaking
any such corrective action. Reimbursement of enforcement costs shall constitute
a civil debt and may be collected by any means permitted by law. In the event
that violations of this Permit occur, the City shall refrain from issuing further
permits, licenses or other approvals until such violation has been gully remedied.
Section 5. The operation of the business shall comply with all applicable requirements of
the Municipal Code; the subject property shall be developed, maintained and operated in full
compliance with the conditions of this grant and any law, statute, ordinance or other regulation
applicable to any development or activity on the subject property. Failure of the permittee to
cease any development or activity not in fall compliance shall be a violation of these conditions.
Permittee shall defend, indemnify and hold harmless the City of Hermosa Beach and its agents,
officers and employees from any claim, action or proceeding against the City or its agents,
officers or employees to attack, set aside, void or annul this Conditional Use Permit. The City
shall promptly notify the Permittee of any claim, action or proceeding and the City shall fully
cooperate in the defense. If the City fails to promptly notify the Permittee of any claim, action
or proceeding, or the City fails to cooperate fully in the defense, the Permittee shall not
thereafter be responsible to defend, indemnify or hold harmless the City.
Permittee shall reimburse the City for any court and attorney's fees that the City may be required
to pay as a result of any claim or action brought against the City because of this grant. Although
the Permittee is the real party in interest in an action, the City may, at its sole discretion,
participate at its own expense in the defense of the action but such participation shall not relieve
the Permittee of any obligation under this Conditional Use Permit. -
This grant shall not be effective for any purposes until the permittee and the owners of the
property involved have filed at the office of the Planning Division of the Community
Development Department their affidavits stating that they are aware of, and agree to accept, all
of the conditions of this grant. The Conditional Use Permit shall be recorded and proof of
recordation shall be submitted to the City of Hermosa Beach,
Each of the above conditions is separately enforceable and, if one of the conditions is found
unenforceable by a court of law, all other conditions shall remain valid and enforceable.
K
Section 6. Pursuant to the Code of Civil Procedure Section 1094.6, any legal challenge to
the decision of the Planning Commission, after a formal appeal to the City Council, must be
made within 90 days after the final decision by the City Council.
VOTE: AYES:
Pizer, Perrotti, Darcy, Allen and Hoffman
NOES:
None
ABSTAIN:
None
ABSENT:
None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. No. 09-3 is a true and complete record of the action
taken by the Planning Commission of the City of Hermosa Beach, California at their regular
meeting of January 0,2009.
-7
Z
'x
Ron Pizer, ChairAan enzko-rts�&�, Secretary
February 17, 2009
Date
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THESE PLANS APPROVED BY PLMNING
DIVISION GITY OF HERM10SA. BIAGH
Exhibit A (p 1 of 2): Floor Plans of
Interior and Outdoor Dining Patio
Planning Commission 02/17/09
Resolution 09-3
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ADJACENT BU5INE55 1101, PLAZA
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THE: Ur-MTHOU51E
(Musio club)
felt not. 204 5q. Ft:.
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ENCROACHMENT PERMIT PLAN
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22 Fier Avanve hermosa Beach CA
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TOTAL 39 OCCAJPANT5
152 equare, feet.
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'UPANTS 39 Occupants
NOTES
ALL CONDITION5 $HOWN ARE EX15TING
NO CON5TRUrTION IS PROPOSED
325 rquare feet
52 equare, feet
377 5quaro feet
THISE PLANS APPROVED BY P[ANNING
DIVISION CITY OF 1-169MOSA BEACHY4177
30 NOV 2007
FEB 1 1 2009
Exhibit A (p2 of 2): Floor Plans of
Interior and Outdoor Dining Patio
ZONING
Planning Commission 02/17/09
;OKFINAL
Resolution 09-3
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THE MAGON
POLICIES REGARDING THE DRAGON'S PROHIBITION ON DANCING AND THE
DRAGON'S RESPONSIBLE SALE AND SERVICE OF ALCOHOLIC BEVERAGES.
We care about our guests, their safety and the safety of others. Our goal is
to create a hospitable atmosphere for all of our guests. To that end, it is
the goal of this policy to encourage our guests to enjoy themselves in both
comfort and safety inside our establishment, and after they leave our
establishment. The best way we can accomplish this goal is to encourage our
guests to drink responsibly, and to help them make proper decisions regarding
consumption of alcohol.
All Employees are required to review and sign this policy statement confirming
their understanding. Any employee who does not follow this policy will be
disciplined or terminated as appropriate.
1. NO Dancing is permitted at The Dragon. All employees of The Dragon,
including security personnel, bartenders, servers and mangers, shall be
responsible for enforcing this policy. If an employee of The Dragon observes
a patron dancing, that employee shall immediately inform the dancing patron
that dancing is strictly prohibited at The Dragon and shall politely request the
patron to cease dancing. If the dancing patron refuses to cease dancing, the
employee shall contact a manager who will then immediately ask the dancing
patron to leave the premises.
2. Security personnel to patrol the interior of the premises to ensure that
all policies of The Dragon, including the prohibition on dancing, are being
followed by its patrons and employees.
3. It is the policy of Dragon to encourage responsible consumption of
alcoholic beverages and not serve persons who look or act intoxicated, even if
they say they are taking a taxi or have arrangements for a ride.
4. Dragon will promote food and other non-alcoholic items. Appetizers
including high fat foods (which slow alcohol absorption) will be available until
closing time. Exhibit B (pl of 3): Dragon's
Policies for Responsible Sale &
Service of Alcoholic Beverages
Page of 3 planning Commission 02/17/09
Resolution 09-3
5. It is understood that there is no substitute for personal responsibility
with respect to consuming alcoholic beverages, however, employees are
required to make reasonable and good faith efforts to look for signs of
obvious intoxication and not serve those patrons that appear to be obviously
intoxicated.
6. It shall be the policy of each Dragon employee to look for signs of
intoxication and not to serve any person(s) who look(s) or act(s) obviously
intoxicated.
Watch for any or a combination of any of the following signs of obvious
intoxication:
• Loss of inhibitions
• Impaired judgment
• Impaired reactions
• Loss of coordination
7. Management or supervisors will support servers' decisions to stop service
to any patron who appears obviously intoxicated.
8. It shall be the policy of Dragon to send all employees involved in the
service or sale of alcoholic beverages to the ABC LEAD Training Program.
Completion of this training for new hires shall be coordinated with the ABC
and new hires shall be sent to the next available class offered by the ABC.
This training shall be updated as appropriate.
9. Dragon supports the "Designated Driver" Program. Servers will ask
groups of four or more if there is a Designated Driver. The Designated
Driver may receive free non-alcoholic drinks and/or food such as an appetizer
or dessert. If the server sees the Designated Driver drinking alcohol, the
Designated Driver must pay for all drinks and food he has consumed.
10. Dragon will participate and support a taxi -ride program.
11. Dragon will post a list of taxi phone numbers in visible locations and will
offer to contact a taxi service for patrons when it seems appropriate.
12. Signs regarding over -intoxication shall be posted on ter. i s
x it(p of 3): Dragon's
Policies for Responsible Sale &
Page 2 of 3 Service of Alcoholic Beverages
Planning Commission 02/17/09
Resolution 09-3
13. Security personnel to discourage fights, disturbances or other unlawful
violations occurring on the premises.
14. Security personnel shall not permit the entrance of obviously intoxicated
individuals.
15. Security personnel to patrol the immediate exterior of the premises to
ensure alcoholic beverages not being consumed in those areas.
16. Security personnel to patrol the immediate exterior to ensure there is
no excessive noise, abusive behavior, public disturbance or other violations.
17. Security personnel to ensure the orderly dispersal of customers from
the facility and parking area at closing time, preventing any disorderly
congregations.
Employee Responsibility Statement
Employee: Read and Sign
I understand that our business is dedicated to the safe and responsible sale and service of alcohol.
I will not knowingly serve alcohol to an underage or obviously intoxicated person.
I have read and understand our policies. I understand that if I follow these policies, management
will fully support my decisions.
I also recognize that my failure to follow these policies may result in job probation, suspension,
loss of hours, or termination from this employment.
Employee Signature Date
FAaaaOpen Cases A-P1Dudick, Tom - DRAGGNBAMUDragon Beverage Policies.doc
Exhibit B (pl of 3)-. Dragon's
Policies for Responsible Sale''&
Service of Alcoholic Beverages
Planning Commission Q/17/09'
Page 3 of 3 Resolution 09-3
Detvy
JUN 0 q 2004
V &Associates Inc.
YEPT
Consultants in Acoustics C( ,)Yj0 , [,
2627 Manhattan Beach Blvd., Suite 212 , Redondo Beach, CA 90278-1604 • Tel: 310-643-5161 Fax: 31&643-S364 Enwi1,-DaYyAssoc@aoLcom
PROJECT. MEMORANDUM
TO: MARK COSGROVE
FROM: BRUCE DAVY
PROJECT: DRAGON
DATE: JUNE 9, 2004
JN: 2004-57
MEMO NO: P2004-57-1
SUBJECT: EXTERIOR NOISE IMPACT
1. Ambient noise measurements were made at the closest residential Building to
the south of the Club on June 8,, 2004 between the hours of 9:00 p.m. and
10:00 p.m. These measurements were made with a Larson Davis Model 820
sound level meter calibrated with a B&K Model 4230 acoustical calibrator prior
to and following the measurements. At this location, average. noise levels were
measured when there was music in the Club and when there was no music.
2. Ambient noise at the measurement location was dominated by traffic on
Hermosa Avenue to the east. The results of the ambient measurements and
measurements when music was being played are summarized in Table 1-
Exhibit C (pl of 2): Davy &
Associates Acoustic Study
Planning Corinini'ssion 02/11 /09
Resolution 09-3
P2004-57-1 June 9, 2004
Dragon Table 1 Page Two
Measured Noise Levels In dS at
South Property Line
Condition Nalsqq Level
Ambient 61.8 dBA
Music - Door Open 61.0
Music - Door Closed not audible
3. Chapter 8.24 - Noise Control of the Hermosa Beach City Code states that for
commercial establishments adjacent to residential property, noise from the
premises of any commercial establishment including any outdoor dining area
part of the establishment between the hours of 10:00 p.m. and 8:00 a.m. that is
plainly audible at the residential dwelling units' property line is prohibited.
4. Based on the results shown in Table 1 above, measured noise levels at the
south residential property were barely audible with the Club door open and not
audible with the door closed. Therefore, noise levels from the Club area will not
be audible at the south residential property and they will be in compliance with
the Hermosa Beach Noise Ordinance.
5. It is recommended that the rear door of the Restaurant not be blocked open or
held open when there is amplified music being played inside.
Bruce.A. Davy, P.
Davy & Associates, Inc.
I.N.C.E. Board Gerfified
Distiribution: Mark Cosgrove
Exhibit C (p2 of 2): Davy &
Associates Acoustic Study
Planning Commission 02/17/09
Resolution 09-3