HomeMy WebLinkAboutBZA 154-598 (934 Hermosa Ave)1
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RESOLUTION BZA 154-598
A RESOLUTION OF THE BOARD ZONING ADJUSTMENTS OF THE CITY OF HER
MOSA BEACH, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT FORT
SERVICE OF BEER AND WINE IN CONJUNCTION WITH THE OPERATION OF A
RESTAURANT ON PROPERTY LOCATED AT 934 HERMOSA AVENUE, HERMOSA
BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City o
Hermosa Beach, California, at a public hearing held on June 17,
1985 in the Council Chambers at City Hall, considered the reque
of Mr. Akbar Gorgani for a conditional use permit to serve beer
and wine conjuction with a restaurant at property legally
described as Lots 27-30, Tract 1564; and
WHEREAS, after this review the Board determined that tne
request is consistent with the zoning and general plan;
NOW, THEREFORE, BE IT RESOLVED that the Board of Zonin
Adjustments does hereby approve a conditional use permit to allow
the sale of beer and wine in conjunction with the operation of
restaurant 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 (com-
plete lunches and/or dinners, with hot entrees} and the
primary purpose of the establishment is service of food.
2. Alcoholic beverages shall be served in permanent glass con-
tainers only.
3. All alcoholic-beverages shall be consumed on the premises and
sold only with food and a sign stating such shall be promi-
nently displayed in the restaurant.
4. Hours of operation to be 11:00 a.m. to 10:00 p.m.
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5. Operators of the business must police the sidewalks which are
directly adjacent to the business for litter and maintained
in a clean and orderly manner on a daily basis.
6. Any changes to the interior design of the establishment shall
require that it be returned to the Board of Zoning Adjust-
ments, and it shall revoke the conditional use permit if ne
interiors are not in the spirit of the original approval an
intent.
7. There shall be no offers of free alcoholic beverages with
meals nor offers of "bargain" drink prices.
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 permis-
sible occupancy of the building is being violated, they ma
cite the business and initiate a conditional use permit
revocation.
9. If, in the judgement of the Police Department, it is
necessary, two policemen will be assigned as doormen
business' expense during business hours.
10. This permit is subject to review in six months.
11. This conditional use permit is issued exclusively for and so
long as the premises remain a restaurant, which is defined 1as
having gross sales as follows: not less than 65% food and
35% beer and/or wine sales computed monthly. The applican
shall maintain separate books and records identifying sale
of food/alcoholic beverages. The City shall have the righ
during business hours upon 15 days notice to inspect the
books and records of the applicant to determine the gross
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sales of food and/or the gross sales of alcoholic beverage.
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.
12. 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.
13. Cleanup resulting in delivery of refuse to the trash bins
shall occur prior to 6:00 p.m.
14. 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 ~pinion 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 determinatio
that any one or more conditions is illegal and unenforceable
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and parties waive all rights to damages under the Civil
Rights Act as promulgated by recent Supreme Court decision.
AYES: Comms. Berardo, Williams, Cutler, Chmn. Moore
NOES: None
ABSENT: None
CERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-598 was
adopted by the Board of Zoning Adjustments of the City of Hermos
Beach at a regular meeting held on the 17th day of June, 1985. µj j !985 DATg / r .. u
kb.
CARL MOORE,
fl.J eJL /we,
NEAL CUTLER, SECRETARY
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