HomeMy WebLinkAboutBZA Resolution 154-337 - (1018 Hermosa Ave),t
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RESOLUTION B.Z.A. 154-337
A RESOLUTION OF THE BOARD OF ZONING ADJUSTMENTS OF THE CITY
OF HERMOSA BEACH GRANTING A MODIFICATION OF CONDITIONAL USE
PERMIT ON PROPERTY LOCATED AT 1018 HERMOSA AVENUE, HERMOSA
BEACH, CALIFORNIA.
WHEREAS, the Board of Zoning Adjustments of the City of Hermosa Beach
held a public hearing on August 6, 1979 in the Council Chambers of the
City Hall, to consider the request of Mr. Mike Lacey for a modification
of an existing conditional use permit to allow service of liquor in
conjunction with the operation of a comedy and magic, entertainment
club, on property legally described as Lots 1, 2, 3, Block 35, 1st
Addition to Hermosa Beach Tract; 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 modified 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
the City of Hermosa .Beach does hereby approve an amended conditional use
permit to allow service of alcoholic beverages in addition to beer and
wine for a comedy and magic, entertainment club.at 1018 Hermosa Avenue,
subject to the following conditions:
1. The business shall soundproof all walls.
2. 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.
3. No off~sale of any alcoholic beverage; no take-out of any alcoholic
beverage.
4: If, in the judgment of the Police Department, it is deemed necessary,
two policemen will be assigned as doormen at the business' expense
during hours of operation.
5. Thirty-five percent (35%) of total receipts to be admission related,
no more than sixty-five percent (65%) of total receipts to be
alcoholic beverage related.
6. Posting of sign advising patrons of the illegality of open containers
on public streets, sidewalks, Strand, and the beach.
7. No admission, or service of alcohol to people on skates.
8. The outer doors are to be kept closed at all times when entertainment
is occurring.
9. Any changes to the interior layout of this establishment shall
require that it be returned to the Board of Zoning Adjustments, and
it shall revoke the conditional use permit if the new interiors are
not in the spirit of the original approval and permit.
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PAGE 2 -RESOLUTION B.Z.A. 154-337
1018 HERMOSA .AVENUE
10. No electronic amplification of live or recorded music and no
singing.
11. No dancing.
12. Maintain comedy/theatrical productions at least 50% of the time.
13. This conditional use permit is to be for only 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 revoc-
ation of the permit.
14. The City shall have the right during business hours upon 15 days
notice to inspect the books and records of the applicant to deter-
mine the .gross sales of admission and/or the gross sales of alco-
holic beverages.
15. Upon request at the time the City inspects the books and records
of the applicant, the applicant shall also submit ~o the City
copies of all records submitted 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 Equaliza-
tion for the purposes of verifying the applicant's books and
records, with the understanding that these reviews are confiden-
tial.
16. In the event that any one condition is found to be illegal or
unenforceable by a court of competent jurisdiction, then the
VOTE:
parties agree that all other conditions shall remain in full force
and effect. The parties understand that the applicant is repre-
sented by counsel at all steps of these proceedings and it is the
opinion of the City Attorney that the conditions meet Constitutional
requirements with the possible exception of a preemption problem
with the personal application of the conditional use permit to the
applicant, 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 deter-
mination that any one or more conditions is illegal and unenforce-
able, and parties waive all rights to damages under the Civil Rights
Act as promulgated by recent Supreme Court decision.
AYES: Comms. Cummings, DeBellis, Moore, Chmn. Ebey
NOES: Comm. Beard
ABSENT: Comms. Merrill, Walker
eERTIFICATION
I hereby certify that the foregoing Resolution BZA 154-337 was adopted
by the Board of Zoning Adjustments at a regular meeting held on the
6th day of August, 1979.
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