HomeMy WebLinkAboutCity Council - 2013-24 RESOLUTION NO. 2013-24
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING CONDITIONS OF
APPROVAL FOR EATING AND DRINKING ESTABLISHMENTS WITH
ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT j
WHEREAS, the City of Huntington Beach desires to maintain a vibrant and safe
downtown commercial area to be enjoyed by visitors, residents and families; and
Toward that end, the City Council has established standardized Conditions of Approval
for Conditional Use Permits in the Downtown Specific Plan District 1 area with alcoholic
beverage sales and/or an entertainment permit,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the Conditions of Approval set forth in Exhibit A attached hereto and
incorporated by this reference shall apply to all eating and drinking establishments located in the
designated area with alcoholic beverage sales.
2. That the Conditions of Approval set forth in Exhibit B attached hereto and
incorporated by this reference shall apply to all eating and drinking establishments located in the
designated area with alcoholic beverage sales and live entertainment.
3. These proposed conditions shall apply to conditional use permit applications
applied for subsequent to adoption of this Resolution for new uses and amendments to existing
conditional permit use applications and shall remain in effect as part of the Conditional Use
Permit via a public hearing. Any amendments to these conditions must be approved by the City
Council.
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10-2396/97629.doc
Resolution No. 2013-24
4. Resolution No. 2011-16 is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1 s t day of July , 2013.
-
REVIE APPROVED: Mayor
INITiA AND APPROvED:
City a a er
Director of 1 6nl and Building
D AS TO FORM:
Cit Attorn y
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10-2396197629.doc
Resolution No. 2013-24
EXHIBIT A
EATYNG AND DRINKING ESTA13LISI-IWNTS WITH ALCOHOLIC BEVERAGE SALES:
The following standard Conditions of Approval shall be part of any Conditional Use Permit from the
Zoning Administrator or Planning Commission for the establishment of any eating and drinking
establishment with alcohol beverage sales located within the Downtown Specific Plan area, District 1:
1) Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight except
for a business proposed in the following locations:
a. West side of 5th Street between Walnut Avenue and Orange Avenue the hours of
operation shall be limited to between 7:00 a.m. to 10:00 p.m.
b. East side of 3rd Street between Walnut Avenue and Orange Avenue the hours of
operation shall be limited to between 7:00 a.m. and 10:00 p.m.
2) A minimum of 70 percent of the net floor area of the establishment shall be designated
as dining area excluding back of house areas (such as areas used for cooking, kitchen
preparation, office, storage, and restrooms) and outdoor dining areas.
3) Full food service menus shall be served, at a minimum, until one(1)hour before closing,
and a cook and food server shall be on duty during these times.
4) Alcoholic drinks shall not be included in the price of admission to any establishment.
5) There shall be no requirement for patrons to purchase a minimum number of alcoholic
drinks.
6) All alcohol shall remain on the establishment's premises, including within outdoor
dining areas.
7) An employee of the establishment must be present at all times in areas within the
establishment where alcohol is served.
8) All areas of the business that are accessible to patrons shall be illuminated to make easily
discernible the appearance and conduct of all people in the business.
9) Dancing and/or dance floor and/or live entertainment shall be prohibited unless a
Conditional Use Permit and Entertainment Permit are approved by the City.
10)Games or contests requiring or involving consumption of alcoholic beverages shall be
prohibited.
11)The establishment shall follow all conditions of the alcohol license issued by the
California Department of Alcoholic Beverage Control, as well as all other relevant
portions of the Huntington Beach Zoning and Subdivision Ordinance and Huntington
Beach Municipal Code.
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Resolution No. 2013-24
12)No new customers shall be permitted after 30 minutes before closing.
13)Last call for drinks shall be no later than 15 minutes before closing.
14)Only single-sized drinks and no multiple drinks shall be served after midnight.
15)Signage, posters, and advertizing with "Do Not Brink and Drive" shall be posted in the
business.
lb)Mandatory Responsible Beverage Service (RBS) training and certification shall be
required for new employees within 90 days of being hired and for existing employees
every 12 months. Training shall be provided by an ABC approved RBS trainer and
records of the training must be maintained on-site for review.
17)Establishments shall install and maintain a video surveillance system to monitor public
area of premises and shall make the video available to the police department for any
criminal or civil investigation.
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Resowfion No. 2013-24
EXHMIT B
EATING AND DRINKING ESTABLISI5"IS WITH
ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT:
The following standard Conditions of Approval shall be part of any Conditional Use Permit from
the Zoning Administrator or Planning Commission and the Entertainment Permit from the Police
Department for the establishment of any eating and drinking establishment located within the
Downtown Specific Plan area with alcohol beverage sales and entertainment, District 1:
1) Hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight except
for a business proposed in the following locations:
a. West side of 5`h Street between Walnut Avenue and Orange Avenue the hours of
operation shall be limited to between 7:00 a.m. to 10:00 p.m.
b. East side of P Street between Walnut Avenue and Orange Avenue the hours of
operation shall be limited to between 7:00 a.m. and 10:00 p.m.
2) A minimum of 70 percent of the net floor area of the establishment shall be designated
as dining area excluding back of house areas (such as areas used for cooking, kitchen
preparation, office, storage, and restrooms) and outdoor dining areas.
3) The seating capacity at all times within the dining area, excluding outdoor dining areas,
shall be able to accommodate a minimum of 100 people.
4) Full food service menu items shall be served, a minimum, until one (1) hour before
closing, and a cook and food server shall be on duty during these times.
5) Alcoholic drinks shall not be included in the price of admission to any establishment.
6) There shall be no requirement for patrons to purchase a minimum number of alcoholic
drinks.
7) All alcohol shall remain on the establishment's premises, including within outdoor
dining areas.
8) An employee of the establishment must be present at all times in areas within the
establishment where alcohol is served.
9) If dancing is allowed, the activity must be specifically identified as part of the
Entertainment Permit and only in a pre-approved designated area.
10)Games or contests requiring or involving consumption of alcoholic beverages shall be
prohibited.
11)No outside promoters can be used under any circumstances.
12)All exterior doors and windows shall be closed at all times during live entertainment.
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R atution No2013-24
13)All amplified entertainment conducted by a performer shall be confined indoors at all
times.
14)If outdoor entertainment is allowed, it shall be limited to:
a) Non-amplified entertainment with no more than two performers.
b) Amplified entertainment limited to ambient music only.
15) Any outdoor entertainment shall not be audible beyond 50 feet of the source of the
entertainment.
1 b) No entertainment shall be audible beyond 50 feet of the business in any direction.
17) All areas of the business that are accessible to patrons shall be illuminated to make easily
discernible the appearance and conduct of all people in the business.
18) All provisions of the entertainment permit required by section 5.44 of the Huntington
Beach Municipal Code shall continue to apply.
19) No new customers shall be permitted after 30 minutes before closing.
20) Last call for drinks shall be no later than 15 minutes before closing.
21) Only single-sized drinks and no multiple drinks shall be served after midnight.
22) Signage, posters, and advertizing with "Do Not Drink and Drive" shall be posted in the
business.
23) Mandatory Responsible Beverage Service (RBS) training and certification shall be
required for new employees within 90 days of being hired and for existing employees
every 12 months. Training shall be provided by an ABC approved RBS trainer and
records of the training must be maintained on-site for review.
24) Establishments shall install and maintain a video surveillance system to monitor public
area of premises and shall make the video available to the police department for any
criminal or civil investigation.
REST OF PAGE NOT USED
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Res. No. 2013-24
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on July 1, 2013 by the following vote:
AYES: Sullivan, Hardy, Boardman, Carchio, Shaw, Katapodis
NOES: Harper
ABSENT: None
ABSTAIN: None
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City Uerk and ex-officio C rk of the
City Council of the City of
Huntington Beach, California