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HomeMy WebLinkAboutBZA Resolution 154-369 - (2512 PCH).. ,A,., r···, ! ~-: --~-t .. : ... RESOLUTION B.Z.A. 154-369 n w,c,) F L.cJ.0 ~ v, ~VJ 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 OPERATION OF A RESTAURANT ON PROPERTY LOCATED AT 2512 PACIFIC COAST HIGHWA~, HERMOSA BEACH, CALIFORNIA. WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach, at a public hearing held on June 2, 1980, in the Council Chambers of the City Hall, considered the request of Mr. Myung Sang Park for permission to sell beer and wine in con- junction with the operation of a restaurant; and WHEREAS, at said public hearing, the Board heard testimony from the applicant that all of the proposed conditions were acceptable 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 service of beer and wine in conjunction with the operation of a restaurant .. at 2512 Pacific Coast Highway, sub- ject to the following conditions: 1. No beer or wine "to go". 2. Service of alcohol in perma·nent glass containers only, and only when food is available. 3. Operator of the business must police the areas directly adjacent to the business for litter and maintain in a clean and orderly manner on a daily basis. 4. If the operation of this establishment causes a risk of harm to persons or prop- erty, the Police Chief may assign a policeman as doorman during hours of opera- tion at the applicant's expense. 5. Installation of screens on all openable exterior windows to prevent any possible pass thru of alcoholic beverages and for control of flies. Exterior doors shall be self-closing or screened or use Health Department approved fly fans. t-JO dpe:.tc..>-t3L.G W 1tJl::)CW'i>·· 6. The hours of operation to be from H-:-36 a.m. to 10:00 p.m. t J 1',.., 1 12,,1 ,f SpT ,, : 00 7. Posting of sign inside advising patrons of illegality of removing any alcoholic beverages from the premises. 8. No admission to, or service of alcohol, to anyone on skates. 9. 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. 10. Adequate trash containers shall be provided by owner of business. 11. This conditional use permit is issued exclusively for and so long as the prem- ises 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. 12. 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 -Continued - . , ✓ .. · PAGE TWO -RESOLUTION B.Z.A. 154-369 2512 PACIFIC COAST HIGHWAY food and/or the gross sales of alcoholic beverages. Food shall include the sale of beverages other than alcoholic beverages. 13. 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 sub- mitted 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. 14-. Three month review and thereafter one and two year reviews. 15. In the event that any one condition is found to be illegal or unenforceable by VOTE: a court of competent jurisdiction, then the parties agree that all other condi- tions shall remain in full force and effect. The parties understand that the applicant is reP,resented by counsel at all steps of these proceedings and it is the opinion of the City Attorney that the conditions meet Constitutional require- ments, 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 or Oeclatory Relief to make the detennination that any one or more conditions is illegal and unen- forceable, and parties waive all rights to damages. AYES: Comms. Beard, DeBellis, Merrill, Chmn. Ebey NOES: Comm. Walker ABSENT: Connn. Moore CERTIFICATION I hereby certify that the foregoing Resolution BZA 154-369 was adopted by the Board of Zoning Adjustments of the City of Hermosa Beach at a regular meeting held on the 2nd day of June, 1980.