HomeMy WebLinkAbout2. PLN-14-00071 (8832 Imperial Hwy)
STAFF REPORT
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
DATE: MAY 21, 2014
TO: PLANNING COMMISSION
FROM: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN-14-00071 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW LIVE
ENTERTAINMENT ACTIVITIES AT THE WET BAR BUSINESS, WHICH
OPERATES WITH AN ALCOHOLIC BEVERAGE CONTROL TYPE 48 LICENSE
LOCATION: 8832 IMPERIAL HIGHWAY (AIN 6263-001-012)
ZONING: C-2 (GENERAL COMMERCIAL)
BACKGROUND
During its Regular Meeting on May 7, 2014, the Planning Commission held a public hearing to
discuss PLN-14-00071; a proposal by Mr. Luis Gomez, the Applicant and owner of “the Wet
Bar”, to modify the previously-approved conditions of approval for the establishment to allow live
entertainment activities. The Wet Bar is located at 8832 Imperial Highway, within a shopping
center at the southwest corner of Lakewood Boulevard and Imperial Highway.
On October 3, 2012, the Planning Commission approved Conditional Use Permit PLN-12-
00215, to allow Mr. Gomez to operate a casual bar with an Alcoholic Beverage Control Type 48
(On-Sale General, Public Premises) license. Initially, the Wet Bar comprised 1,815 square feet
of floor area; however, on April 3, 2013, the Planning Commission approved PLN-13-00054
(Revision ‘A’ to PLN-12-00215), which allowed the Wet Bar business to expand into the
adjacent tenant space. As a result, the Wet Bar contains 3,110 square feet of floor with a larger
bar area and additional seating area for its customers.
PLN-14-00071 represents Revision ‘B’ to Conditional Use Permit PLN-12-00215. The live
entertainment Mr. Gomez proposes for the Wet Bar through this modification to the original
approval includes disc jockeys, dancing, live bands/mariachi, comedians, and karaoke. He also
seeks permission to charge admission fees for special events at the Wet Bar, and to cater food
for his patrons from a restaurant on the same property.
The Planning Commission received testimony from staff that addressed Downey Police
Department calls for service at the Wet Bar. They also received fifteen statements during the
public hearing in opposition to the proposed request. Due to the seriousness of those comments
and concerns, the Planning Commission continued the PLN-14-00071 public hearing to a date
certain, May 21, 2014, and directed staff to revise the conditions of approval to address the
public’s concerns and to provide additional information pertaining to these issues.
PLN-14-00071 (Conditional Use Permit) – the Wet Bar 8832 Imperial Hwy
May 21, 2014 - Page 2
DISCUSSION
The Planning Commissioners were completely unaware that the Wet Bar affected the residents
so negatively. As a Commission, they want to support local business; however, they also
respect the desire for people to enjoy the peace and comfort of their own homes. The applicant
stated that he has attempted to address the noise issue by hiring a consultant to provide
soundproofing in the walls of the Wet Bar. Nevertheless, the Planning Commission continued
the public hearing and directed staff to address the issues presented during the public hearing,
especially those relating to the form of entertainment offered at the Wet Bar, the hours of
operation, parking, noise mitigation, food, the security plan, and restricting the days the Wet Bar
has live entertainment. They also encouraged the applicant to reach out to the community to
address their concerns.
In response to the Planning Commission’s direction, staff revised the conditions of approval and
prepared the following data for the Commission to review:
Live Entertainment
PLN-14-00071 proposed live entertainment in the form of disc jockeys, dancing, live
bands/mariachi, comedians and karaoke. Planning Commission conversation ensued over the
type of dancing allowed at the Wet Bar. Mr. Gomez emphasized that dancing involved
customers only, not professional dancers paid to perform on the premises. Therefore, staff
revised the conditions of approval to address live entertainment as follows:
• Modified Condition 1 to include “customer” dancing and revised the final sentence to read
that the Owner/ Applicant shall not hire dancers to perform at the Wet Bar.
• Revised Condition 2 to define the live entertainment area in the bar more clearly.
• Added a condition to limit the number of musicians to not more than four (4) at a time during
a performance.
• Revised Condition 7 to limit the hours of operation to seven (7) days a week, between the
hours of 12:00 noon and midnight, Sunday through Thursday, and from 12:00 noon to 2:00
a.m. Friday and Saturday. It also provides that the sales of alcoholic beverages shall cease at
11:30 p.m. Sunday through Thursday, and at 1:00 a.m. Friday and Saturday.
Food
The applicant proposes to transport food from an adjacent restaurant. Questions arose
regarding the potential health issues associated with this arrangement. To address this issue,
staff modified Condition 4 by requiring the Applicant to provide written confirmation from the Los
Angeles County Health Department that this practice will satisfy the Health Code regulations.
Noise
Noise issues represent the single greatest complaint expressed about the Wet Bar. The
applicant expressed his desire to mitigate noise issues by installing a sound meter on the
perimeter wall that separates the subject property from the residences to the south. Additionally,
the applicant is proposing to mount a camera facing the sound meter to record changes in
PLN-14-00071 (Conditional Use Permit) – the Wet Bar 8832 Imperial Hwy
May 21, 2014 - Page 3
sound levels. As part of this, staff is recommending a condition of approval requiring the
applicant to maintain the video of the previous 30 days of recordings. The applicant also
mentioned hiring a sound consultant to install sound attenuation materials into the south-facing
building wall of the Wet Bar.
The close proximity of the Wet Bar to residences exacerbates the noise issue. The rear of the Wet
Bar building is approximately thirty-five feet from the rear property line of the subject property. A
seven-foot (7’) high block wall along on the property line separates the commercial and residential
properties.
Staff addressed these issues with the following:
• Revised Condition 9 to emphasize that should any complaints be formally submitted to the
City of Downey Police Department or Community Development Department regarding “noise
level” or “sound pressure level”, the Applicant/owner shall be responsible to hire a noise
consultant to measure the dBA and/or sound pressure during use, and provide the evidence to
the City Planner that said use does not exceed the noise standards established by the Downey
Municipal Code.
• Added a condition that requires the applicant to install a sound meter along the southerly
property line of the subject property with a camera pointed at it and for City staff to evaluate
and approve the sound meter, based upon the manufacture’s specifications of the sound
meter. The applicant shall maintain the previous 30-days of recordings.
• On May 8, 2014, staff met the applicant on the site and verified that sound attenuation
materials were incorporated into the building wall. However, staff added a condition that
requires the Applicant to submit plans for approval and permits from the City of Downey
Building and Safety Department for any method of sound attenuation implemented at the Wet
Bar. The condition requires the Applicant to comply within 30 days of the Planning
Commission’s approval of PLN-14-00071.
Security Plan
The applicant has hired a security team comprised of former police officers and he submitted a
security plan to the Downey Police Department for review. After reviewing the security Plan for
the Wet Bar, the Police Department determined that it states that four (4) to eleven (11)
uniformed security officers will be present for the duration of each evening, but does not include
any explanation of when or for what types of events they would have increased security. As a
result of the new issues and concerns that were brought to light during the public hearing by
residents who are directly affected by the noise and disruptive Wet Bar patrons in the parking
lot, as well as the increased number of calls for service (a summary of which is attached
hereto), the Police Department proposed the following modifications to their conditions of
approval pertaining to the security plan:
• Revised Condition 19 to read as follows:
“The owner/applicant and licensee shall provide a minimum of four (4) licensed and
bonded, uniformed patrolmen or security guards at such times as determined by,
and in consultation with, the Chief of Police. The number of security guards may be
increased or decreased as the Chief of Police determines is necessary. The
PLN-14-00071 (Conditional Use Permit) – the Wet Bar 8832 Imperial Hwy
May 21, 2014 - Page 4
applicant obtained approval of a security plan from the Downey Police Department.
Said security plan indicates the location of security guards monitoring various areas
of the establishment (i.e. parking lot, entrance, dance area, V.I.P. section). The
applicant shall abide by the requirements and performance guidelines established
by the security plan at all times”;
• Added a condition that requires a minimum of six (6) uniformed security officers on
Friday and Saturday evenings;
• Added a condition requiring a minimum of eight (8) uniformed security officers on any
occasion where they have live bands; and,
• Added a condition requiring that all areas, including any VIP area, be monitored by security
(the proposed floor plan included in their security plan does not have security personnel
posted in the west portion of the business).
Parking
The business had offered valet parking as a convenience to customers and as a method to screen
for alcohol consumption as patrons left the establishment. Valet parking was not a permitted use
and the Applicant ceased valet parking after being notified by the City. Some of the issues heard
at the May 7th public hearing were attributed to the parking at the site, and staff has addressed this
through the addition of conditions of approval for this CUP amendment request. In addition, staff
inspected the Wet Bar site on May 8th and determined that 95 parking spaces exist on the subject
property. Based on the size of the tenant space, the use requires 32 off-street parking spaces.
Staff also determined the occupancy load of the Wet Bar is 96 persons.
Six-Month Review
In order to ensure compliance with the conditions of approval and to monitor potential impacts
created by operation of the business, staff is recommending a condition of approval that
requires a six-month review of this Conditional Use Permit. Should staff find that the applicant
is in compliance with the approval and the operation of the business is not impacting the
neighbors, staff will provide an update memorandum to the Planning Commission. However,
should staff find that the applicant is not adhering to the conditions of approval, or that the
continued operation of the business impacts the neighbors, staff will schedule a public hearing
to allow the Planning Commission to consider modifying the conditions of approval.
Notwithstanding the six month review, Municipal Code Section 9828 allows staff to bring the
Conditional Use Permit back to the Planning Commission if City Planner finds that there are
reasonable grounds for revocation or modification of the Conditional Use Permit.
CONCLUSION
Staff finds that the conditions of approval proposed for PLN-14-00071, which include the
mitigation measures contained in this report, are sufficient to resolve the problems outlined
during the May 7, 2014 public hearing on this item. With these measures in place, staff believes
that the Planning Commission can make all four findings required to approve a conditional use
permit in a positive manner. Therefore, staff recommends that the Planning Commission
approve the Conditional Use Permit (PLN-14-00071, Revision ‘B’ to PLN-12-00215), subject to
the conditions of approval.
PLN-14-00071 (Conditional Use Permit) – the Wet Bar 8832 Imperial Hwy
May 21, 2014 - Page 5
VICINITY MAP
The Wet Bar
PLN-14-00071 (Conditional Use Permit) – the Wet Bar 8832 Imperial Hwy
May 21, 2014 - Page 6
INTERIOR PHOTOGRAPHS
PLN-14-00071 (Conditional Use Permit) – the Wet Bar 8832 Imperial Hwy
May 21, 2014 - Page 7
RESOLUTION NO. 14-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT NO. PLN-14-00071 (REVISION ‘B’ TO
PLN-12-00215), THEREBY ALLOWING LIVE ENTERTAINMENT AT THE WET
BAR BUSINESS, WHICH OPERATES WITH AN ALCOHOLIC BEVERAGE
CONTROL TYPE 48 (ON-SALE GENERAL, PUBLIC PREMISES) LICENSE, ON
PROPERTY LOCATED AT 8832 IMPERIAL HIGHWAY, ZONED C-2 (GENERAL
COMMERCIAL).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find, determine
and declare that:
A. On March 25, 2014, Mr. Luis Gomez (hereinafter "applicant") filed a Land Use Permit
Application requesting Planning Commission approval of PLN-14-00071 (Revision
‘B’ to Conditional Use Permit No. PLN-12-00215), to allow disc jockeys, dancing, live
bands/mariachi, and karaoke at the Wet Bar business, on property located 8832
Imperial Highway, and zoned C-2 (General Commercial); and
B. On April 23, 2014, notice of the pending public hearing was sent to all property
owners within 500’ of the subject site and the notice was published in the Downey
Patriot; and
B. The Planning Commission held a duly noticed public hearing on May 7, 2014, and,
after fully considering all oral and written testimony and facts and opinions offered at
aforesaid public hearings, continued the public hearing to a date certain, May 21,
2014; and
C. On May 21, 2014, the Planning Commission re-opened the continued public hearing,
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted this resolution, subject to conditions
of approval (Exhibit A).
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to be in
compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from
CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities).
SECTION 3. Having considered all of the oral and written evidence presented to it at said
public hearings, the Planning Commission further finds, determines and declares that:
1. That the requested conditional use permit will not adversely affect the purpose
and intent of this chapter or the City’s General Plan or the public convenience
or general welfare of persons residing or working in the neighborhood thereof.
The requested conditional use permit to allow disc jockeys, customer dancing, live
bands/mariachi, comedian, and karaoke at an existing bar that operates with a Type
48 (On-sale General, Public Premises) alcohol license will not adversely affect the
purpose and intent of this chapter or the City’s General Plan or the public
convenience or general welfare of persons residing or working in the neighborhood
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 21, 2014 – Page 2
because the site is developed as a commercial use and serves the immediate
neighborhood already. The subject property is zoned C-2 (General Commercial)
with a General Plan Land Use Designation of “General Commercial”. The City of
Downey previously approved a conditional use permit (PLN-12-00215) for a casual
bar; however, approval of PLN-14-00071 will help the business to generate sales
revenues significantly.
2. That the requested use will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located.
The proposed live entertainment activities at the Wet Bar business will not adversely
affect the adjoining land uses because the Planning Commission approved
conditions of approval for this use (PLN-12-00215) on October 3, 2012, and April 3,
2013, and those conditions will be in effect for the proposed live entertainment
activities. The conditions of approval for the requested conditional use permit will
lessen impacts relating to noise and loitering.
3. That the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use in a manner not detrimental to the
particular area. The subject site is a 68,000 square foot shopping center.
Improvements on the site include three buildings with mostly in-line retail, restaurant
and personal improvement uses and approximately 95 parking spaces. The size and
shape of the subject property is sufficient to accommodate the proposed live
entertainment activities at the bar in a manner not detrimental to the area, since the
proposed use does not include further expansion of the existing building.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area. The subject site is bounded by
and accessible from Lakewood Boulevard (a major arterial) and Imperial Highway (a
major arterial). It is staff’s opinion that the use will generate a minimal amount of daily
vehicle trips and the adjoining arterial roadways have sufficient capacity to absorb this
negligible increase. Thus, traffic generated by the proposed live entertainment
activities during the late afternoon and evening hours will not impose an undue
burden upon the streets and highways in the area.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution,
the Planning Commission of the City of Downey hereby approves PLN-14-00071 (Conditional Use
Permit), subject to the conditions of approval attached hereto as Exhibit A, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of May, 2014.
Robert Kiefer, Chairman
City Planning Commission
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 21, 2014 – Page 3
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
Planning Commission of the City of Downey at a regular meeting thereof held on the 21st day of
May, 2014, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 21, 2014 – Page 4
PLN-14-00071
(REVISION ‘B’ TO PLN-12-00215)
EXHIBIT A – CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN-14-00071 (Conditional Use Permit), Revision “B” to PLN-12-00215,
allows a casual bar (The Wet Bar) to operate with an Alcoholic Beverage Control Type 48
(On-Sale General, Public Premises) license, and with live entertainment in the form of disc
jockeys, customer dancing, live bands/ mariachi, comedians, and karaoke, on property
located at 8832 Imperial Highway, Downey. The owner/Applicant shall not hire dancers to
perform at the Wet Bar.
2) The live entertainment area, which includes the customer dance floor and the designated
area for musicians, disc jockey, comedians, and karaoke to perform, shall be located within
the southeast portion of the bar as shown on Exhibit “B”.
3) The approval of PLN-14-00071 allows the Wet Bar to charge customers cover fees for
admission to special events.
4) The owner/applicant and licensee shall ensure that outside food catered to the subject bar
must comply with and strictly adhere to all conditions of any permit issued by the Los
Angeles County Health Department and any applicable regulations from California State
Department of Alcoholic Beverage Control (“ABC”), by providing written confirmation from
the Los Angeles County Health Department within thirty (30) days of the Planning
Commission’s approval of PLN-14-00071.
5) At no time shall the Wet Bar operate as a banquet facility for private parties. Should private
events utilize a portion of the facility, the bar shall remain open for the public.
6) The owner/applicant and licensee shall not conduct valet parking on the subject site without
the approval of a conditional use permit from the Planning Commission.
7) The approval of PLN-14-00071 allows the Wet Bar to operate seven (7) days a week,
between the hours of 12:00 noon and midnight, Sunday through Thursday, and from 12:00
noon to 2:00 a.m. Friday and Saturday. The sales of alcoholic beverages shall cease at
11:30 p.m. Sunday through Thursday, and at 1:00 a.m. Friday and Saturday.
8) The owner/applicant shall ensure that the southerly (rear) doors remain closed during all
hours of operation, except to allow employee ingress/egress and in case of emergency.
9) Noise generated from the business shall comply with Downey Municipal Code Section 4600
et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
Should any complaints be formally submitted to the City of Downey Police Department or
Community Development Department regarding “noise level” or “sound pressure level”, the
Applicant/owner shall be responsible to hire a noise consultant to measure the dBA and/or
sound pressure during use, and provide the evidence to the City Planner that said use does
not exceed the noise standards established by the Downey Municipal Code.
10) The owner/applicant shall not permit any loitering on the subject site.
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 21, 2014 – Page 5
11) All promotions of the business shall be conducted under direct control of the business
owner/licensee. There shall be no outside promoters of live entertainment or night club
activity at any time.
12) Customers shall not be within the business after the specified closing time.
13) Approval of this Conditional Use Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City laws
and regulations. Unless otherwise expressly specified, all other requirements of the City of
Downey Municipal Code shall apply.
14) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
15) The owner/applicant shall comply with all conditions of PLN-12-00215 and PLN-13-00054
(Conditional Use Permit) before this Conditional Use Permit No. PLN-14-00071 becomes
valid.
16) The owner/applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void or
annul the approval of this resolution, to challenge the determination made by City under the
California Environmental Quality Act or to challenge the reasonableness, legality or validity
of any condition attached hereto. City shall promptly notify Applicant of any such claim,
action or proceeding to which City receives notice, and City will cooperate fully with Applicant
in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's
fees that the City may be required to pay as a result of any such claim, action or proceeding.
City may, in its sole discretion, participate in the defense of any such claim, action or
proceeding, but such participation shall not relieve Applicant of the obligations of this
condition.
17) The Planning Commission shall conduct a review of this Conditional Use Permit (PLN-14-
00071), six (6) months after adoption of this resolution, to determine the Applicant’s
adherence to these conditions of approval and to evaluate any issues that arose during this
time.
18) Not more than four (4) musicians shall perform at a time.
19) The applicant shall install a sound meter along the southerly property line of the subject
property with a camera pointing at the sound meter to record fluctuations in sound levels.
City staff shall evaluate and approve the sound meter, based upon the manufacture’s
specifications of the sound meter. The applicant shall maintain 30-days’ worth of recordings
and make said recording available to the City for verification of noise complaints.
20) Within thirty (30) days of the Planning Commission’s approval of PLN-14-00071, the
owner/applicant and licensee shall submit plans for approval and obtain permits from the
City of Downey Building and Safety Division for any method of sound attenuation
implemented at the Wet Bar.
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 21, 2014 – Page 6
21) Vehicle parking along the southerly (rear) side of the building is prohibited.
FIRE
22) The owner/applicant shall provide emergency lighting, exit signs, and 2A-10BC fire
extinguishers to the satisfaction of the Fire Department.
POLICE
23) Prior to occupying the building, the owner/applicant shall obtain any and all required Police
Department permits for this Conditional Use Permit.
24) The owner/applicant and licensee shall provide a minimum of four (4) licensed and bonded,
uniformed patrolmen or security guards at such times as determined by, and in consultation
with, the Chief of Police. The number of security guards may be increased or decreased as
the Chief of Police determines is necessary. The Applicant obtained approval of a security
plan from the Downey Police Department. Said security plan indicates the location of
security guards monitoring various areas of the establishment (i.e. parking lot, entrance,
dance area, V.I.P. section). The Applicant shall abide by the requirements and performance
guidelines established by the security plan at all times.
25) The owner/applicant and licensee shall immediately report to the Police Department if any
patron appears to be involved in illegal activity inside the subject bar or outside on the
parking lot (i.e. smoking marijuana, using illegal substance or intoxicated patrons).
26) Payment for beverage services shall be made only after such services have been provided
to the patrons by the business.
27) A copy of this conditional use permit and any Police permit shall be prominently posted on
the premises at all times. The applicant shall make available said copies upon request by
any Police Officer or other City official charged with the enforcement of the City’s laws,
ordinances, or regulations.
28) The owner/applicant shall impose a dress code that shall not permit patrons to wear the
following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are worn
backwards. Also, the dress code shall prohibit sandals and/or tank tops after 8:00 p.m.
29) The owner/applicant and licensee shall post signs at all entrances to the premises and
business identifying a zero-tolerance policy for nuisance behavior at the premises (including
the parking lot).
30) The owner/applicant and licensee shall comply with and strictly adhere to all conditions of
any permit issued by the California State Department of Alcoholic Beverage Control (“ABC”)
to the applicant and any applicable regulations of ABC.
31) The sale of all alcoholic beverages for consumption off the premises is prohibited.
32) The Licensee shall be responsible for monitoring the bar area to prevent anyone under the
age of 21 from consuming alcohol. The licensee shall also be responsible in preventing
anyone from furnishing alcohol to any person under the age of 21.
Resolution No. 14-____
Downey Planning Commission
PLN-14-00071 (CUP) – 8832 Imperial Hwy
May 21, 2014 – Page 7
33) The Licensee shall be responsible for monitoring the bar area to prevent anyone from
smoking inside, pursuant to section 6404.5(b) of the California Labor Code.
34) There shall be no unpermitted signage or advertising of any kind, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages.
35) No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) or any
property adjacent to the licensed premises.
36) The owner/applicant and licensee shall provide the parking lots of the premises with lighting
of sufficient power to illuminate and make easily discernible the appearance and conduct of
all persons on or about the parking lot.
37) Lighting in the parking areas of the premises shall be directed, positioned, and shielded in
such a manner so as not to unreasonably illuminate the window area of nearby residences.
38) The owner/applicant and licensee shall remove or paint over any graffiti painted or
unmarked upon the premises or on an adjacent area under control of the licensee, within
twenty-four (24) hours.
39) The owner/applicant and licensee shall remain in full compliance of all Local, State and
Federal Laws.
40) The owner/Applicant shall provide a minimum of six (6) uniformed security officers on Friday
and Saturday evenings.
41) The proposed use requires a minimum of eight (8) uniformed security officers on any
occasion where they have live bands.
42) Security personnel shall monitor all areas of the proposed use, including any VIP area.
H:\Community Development\Davis\cases\cup\PLN-14-00071 (Wet Bar) 5-21-14\RESO.doc