HomeMy WebLinkAboutBZA 154-590 (20 2nd St)•
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RESOLUTION BZA 154-590
RESOLUTION OF THE BOARD ZONING ADJUSTMENTS OF THE CITY OF HER-
OSA BEACH, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT ON
ROPERTY LOCATED AT 20 SECOND STREET, HERMOSA BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of
ermosa Beach, California, at a public hearing held on May 6,
985 in the Council Chambers at City hall, considered the request
f Ms. Byong Sook Baize for a conditional use permit for the sale
f beer and wine in conjunction with the operation of a res-
aurant located at 20 Second Street, legally described as part of
ot 8, Block 2, Hermosa Beach Tract; and
WHEREAS, after this review the Board determined that the
equest is consistent with the zoning and general plan; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Zoning
djustments does hereby approve a conditional use permit to allow
he sale of beer and wine in conjunction with the opeation of a
estaurant subject to the following conditions:
Service of alcoholic beverages shall be in an establishment
that operates a full kitchen and provides a full menu (com-
plete lunches and/or dinners, with hot entrees) and the
primary purpose of the establishment is service of food.
Alcoholic beverages shall be served in permanent glass con-
tainers only.
All alcoholic beverages shall be consumed on the premises and
none may be taken out.
Hours of operation to be from 7:00 a.m. to 9:00 p.m.
No admission, or service of alcohol, to anyone on skates
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6. If, in the judgement of the Police Department, it is deemed
necessary, two policemen will be assigned as doormen at the
business; expense during hours of operation.
7.
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Posting of sign inside advising illegality of open containers
on public streets, sidewalks, Strand and beach.
This permit is subject to review in six months.
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 and
35% beer and/or wine sales computed monthly. The applicant
shall maintain separate books and records identifying sales
of food/alcoholic beverages. 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 submitted to the State Board
of Equalization for purposes of computing sales tax. Appli-
cant 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.
23 1110. This conditional use permit is to be for this current use as
defined in the present conditions; any change in use or non-
observance of any condition of operation will be cause for
revocation of the permit.
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11. In the event that any one condition is found to be illegal
and unenforceable by a court of competent jurisdiction, then
the parties agree that all other conditions shall remain in
full force and effect. The parties undertand that the appli-
cant is represented by counsel at all steps of these proceed-
ings and it is the opinion of the City Attorney that the con-
ditions 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 determina-
tion that any one or more conditions is illegal and unen-
forceable, and parties waive all rights to damages under the
Civil Rights Act as promulgated by recent Supreme Court
decision.
15 12. That individual sales of beer and wine must be accompanied by
16 the sale of food and a sign so stating this restriction shall
17 11 be prominently displayed.
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13. That there be no offers of free liquor with food, such as
champagne brunches.
21 11 14. That a fence be retained around the patio between the patio
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and the public sidewalks equal to the height of the current
fence or five feet, whichever is less, as a minimum;
15. That there be no amplified music of any kind in the outside
patio after 5:00 P.M.
27 IIAYES: Comms. Berardo, Williams, Chmn. Moore
NOES: Comm. Cutler
28 II ABSENT: None
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CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-590 was
1 adopted by the Board of Zoning Adjustments of the City of Hermosa
2 Beach at a regular meeting held on the 6th day of May, 1985.
311 C\1-t l~< 4 lloATE
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611 CAr;)Q,~~AN 711
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