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HomeMy WebLinkAboutAdopt Resolution No. 2017-42, which modifies the City's guid Dept. ID CD 17-009 Page 1 of 3 Meeting Date: 8/7/2017 - i _ CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 8/7/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Community Development; and Robert Handy, Police Chief SUBJECT: Adopt Resolution No. 2017-42, which modifies the City's guidelines and standard list of conditions of approval applicable to eating and drinking establishments with alcoholic beverage sales and/or live entertainment located in Downtown Specific Plan area, District 1 Statement of Issue: Transmitted for Council consideration is Resolution No. 2017-42, which modifies the City's guidelines and standard list of conditions of approval applicable to eating and drinking establishments with alcoholic beverage sales and/or live entertainment located in Downtown Specific Plan area, District 1 in the following areas: 1. Allows the Zoning Administrator and Planning Commission to act on proposed deviations to standard conditions (currently only the City Council can approve requested deviations), 2. Establishes criteria to consider when evaluating proposed deviations; 3. Strengthens guidelines for staff to schedule a Conditional Use Permit revocation hearing in the event violations of Conditional Use Permit conditions or applicable laws occur; and 4. Refines and clarifies the standard list of conditions. Financial Impact: Not applicable. Recommended Action: Adopt Resolution No. 2017-42, "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," which modifies the City's guidelines and standard list of conditions of approval applicable to eating and drinking establishments with alcoholic beverage sales and/or live entertainment located in Downtown Specific Plan area, District 1 (Exhibits A and B). Alternative Action(s): A. Do not adopt Resolution No. 2017-42, retain existing Resolution No. 2013-24 as written, and direct staff accordingly. HB -45 1- Ltem 18. - 1 Dept. ID CD 17-009 Page 2 of 3 Meeting Date: 8/7/2017 B. Continue the recommended action and direct staff accordingly. Analysis: On January 19, 2010, the City Council adopted Resolution No. 2010-05, which established standard conditions of approval applicable to any new Conditional Use Permit and any amendments to an existing Conditional Use Permit for an eating and drinking establishment with alcoholic beverage sales and/or live entertainment located within the Downtown Specific Plan area, District 1. The objective was to improve the downtown environment by addressing late night, alcohol-related problems. Since 2010, the Council amended the Resolution in 2011 through Resolution No. 2011-16, and again in 2013 through Resolution No. 2013-24. Each amendment refined, modified, and clarified the standard conditions of approval. Many eating and drinking establishments in downtown were established prior to the adoption of the Resolution and, therefore, were not subject to the standard conditions of approval. Recently, some of these establishments proposed improvements and/or land use activity that triggered the application of the standard conditions. This has resulted in hardship because these businesses were required to modify hours of operation and close at 12:00 Midnight, despite the fact these establishments have been operating until 1:30 AM or 2:00 AM for several years. For this reason, on March 6, 2017, the Council directed City staff to collaborate with the City Attorney and present options for modifying the standard conditions of approval in Resolution No. 2013-24. Modified Resolution Through collaboration between Police Department, Community Development Department, and the City Attorney's Office, the resulting resolution modifies Resolution No. 2013-24 in the following areas. 1. Responsibility for administration of deviations to standard conditions of approval. In accordance with Resolution No. 2013-24, an applicant may request to deviate from any of the standard conditions of approval as part of a Conditional Use Permit with a public hearing, and only the City Council has the authority to approve such deviation. Therefore, the requested deviation is first reviewed by the Planning Commission at a public hearing, a recommended action is forwarded to the City Council, and the Council makes the final decision following a public hearing. The proposed modification to the Resolution allows any decision-making body (i.e., the Zoning Administrator, Planning Commission, or City Council) to approve deviations from the standard conditions as part of a Conditional Use Permit process with public hearing. This modification is intended to shorten the process for requested deviations. All decisions are still subject to the standard appeal process. 2. Criteria for evaluating deviations from standard conditions of approval. Currently, Resolution No. 2013-24 does not include findings that guide decision-makers when considering requested deviations from the standard conditions of approval. The proposed modification to the Resolution establishes criteria for approval and guidance for staff in formulating recommendations on any requested deviations. Criteria includes operational and business characteristics, distance from residential land uses, available on-site parking, presence of on- site security, established alcohol and noise controls, floor plan design, etc. This modification is intended to provide clear criteria for approval. 3. Guidelines for revocation of Conditional Use Permits. Currently, Resolution No. 2013-24 does not include guidelines for scheduling a Conditional Use Permit revocation hearing. Although there is a process in the Zoning and Subdivision Ordinance for revoking discretionary permits when there are reasonable grounds, the proposed modification to the Resolution would require a revocation hearing be scheduled in the event the business or operator has received Item 18. - 2 HB -452- Dept. ID CD 17-009 Page 3 of 3 Meeting Date: 8/7/2017 substantiated violations of the Conditional Use Permit, including citations for violation of any City, State, or Federal Law. 4. Refines and clarifies the standard list of conditions of approval. The proposed modification to the Resolution also refines and modifies the standard list of conditions of approval to consolidate similar conditions, provide clarification, and update the overall list to be reflective of current standards for responsible alcoholic beverage service. Upon adoption of the proposed modified resolution, Resolution No. 2013-24 will be repealed. All conditions contained in Exhibit A will apply to any new application for a Conditional Use Permit, made subsequent to adoption, for the establishment of any eating and drinking establishment with alcoholic beverage sales, as well as any amendment to an existing Conditional Use Permit, located within the Downtown Specific Plan area, District 1. Additionally, all conditions contained in Exhibit B will apply to any new application for a Conditional Use Permit, made subsequent to adoption, for the establishment of any new eating and drinking establishment with alcohol beverage sales and live entertainment, as well as any amendment to an existing Conditional Use Permit, located within the Downtown Specific Plan area, District 1. All conditions in the exhibits are identical, except Exhibit B includes Condition No. 13 which specifically addresses live entertainment. It should be noted that remodels or expansions to establishments with existing Conditional Use Permits that do not involve expansions of alcohol service or live entertainment would not be subject to the resolution. The City Council could continue this item and direct staff to consider an alternative resolution. One consideration could be to amend this resolution by adding a requirement for a "written contract" between the City and business owner, separate from the zoning and land use approval. This requirement would be intended to address specific requests to extend business hours of operation beyond 12:00 Midnight. Staff is not recommending this option. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Resolution No. 2017-42, "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," which modifies the City's guidelines and standard list of conditions of approval applicable to eating and drinking establishments with alcoholic beverage sales and/or live entertainment located in Downtown Specific Plan area, District 1 (Exhibits A and B). 2. Resolution No. 2013-24 SH:JJ:CW:kdc H B -453- Item 18. - 3 � RESOLUTION NO. 2017-42 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 WHEREAS, the City of Huntington Beach desires to maintain a vibrant and safe downtown commercial area, specifically the Downtown Specific Plan District 1, to be enjoyed by visitors, residents and families; and The City Council desires to establish standardized Conditions of Approval that will apply to new businesses requesting a Conditional Use Permit for alcohol beverage sales and/or an entertainment permit in the Downtown Specific Plan District 1 area in order to minimize the secondary effects of selling, serving and consuming alcohol, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. For new or amended Conditional Use Permits applied to eating and drinking establishments in the Downtown Specific Plan District 1 that propose to serve and/or sell alcohol, the Conditions of Approval set forth in Exhibit A - Standard Conditions (attached hereto and incorporated herein by this reference) shall apply. All of these Standard Conditions shall apply unless the reviewing body makes findings supported by evidence that one or more of the standardized conditions should not apply. Findings for deviations from these Conditions may include, but not be limited to, operational and business characteristics, business location, distance from residential land uses, available on-site parking, presence of on-site security, established alcohol and noise controls, floor layout design, or other features/practices which otherwise conform to maintaining a vibrant and safe downtown commercial area to be enjoyed by visitors, residents, and families. 2. For new or amended Conditional Use Permits applied to eating and drinking establishments in the Downtown Specific Plan District 1 that propose to serve and/or sell alcohol and/or include live entertainment,the Conditions of Approval set forth in Exhibit B— Standard Conditions (attached hereto and incorporated herein by this reference) shall apply. All of these Standard Conditions shall apply unless the reviewing body snakes findings supported by evidence that one or more of the standardized conditions should not apply. Findings for deviations from these Conditions may include, but not be limited to, operational and business characteristics, business location, distance from residential land uses, available on-site parking, presence of on-site security, established alcohol and noise controls, floor layout design, or other features/practices which otherwise conform to maintaining a vibrant and safe downtown commercial area to be enjoyed by visitors, residents, and families. 17-5789/162867/MV 1 RESOLUTION NO. 2017-42 3. The Standard Conditions shall not apply to amendments to existing Conditional Use Permits unless the amendment is to establish new alcohol, expand existing alcohol service, establish new live entertainment, or expand existing live entertainment. For example, the Standard Conditions shall not apply to the remodel or expansion of a business that does not also include expansion of alcohol service and/or live entertainment. 4. By this Resolution, City Council directs that in the event the business or operator has received substantiated violations of their Conditional Use Permit including citations for violation of any City, State, or Federal law, a Conditional Use Permit revocation hearing shall be scheduled as soon as practical. 5. Resolution No. 2013-24 is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7TH day of AUGUST , 2017. Mayo REV ND APPROVED: INITIATED AND APPROVED: City anag r Director of Community Development APPROVED TO FORM: ttorney Mvl 17-5789/162867/MV 2 RESOLUTION NO. 2017-42 EXHIBIT A— STANDARD CONDITIONS EATING AND DRINKING ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES: The following Standard Conditions of Approval shall apply to any new or amended Conditional Use Permit for any restaurant, bar or tavern(alcohol business) proposing to serve and/or sell alcoholic beverages in the Downtown Specific Plan District 1: 1) Generally, hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight. The hours of operation shall be limited to between 7:00 a.m. to 10:00 p.m. for any alcohol business proposed in the following locations: a. West side of 5th Street between Walnut Avenue and Orange Avenue; and b. East side of 3rd Street between Walnut Avenue and Orange Avenue. 2) No new customers shall be permitted to enter the alcohol business 30 minutes before closing. 3) A minimum of 70 percent of the net floor area of the alcohol business shall be designated for dining. The dining area excludes areas used for cooking, kitchen preparation, office, storage, and restrooms and also excluding outdoor dining areas. 4) All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. 5) Alcohol businesses must provide food service until one (1) hour before closing including a cook and food servers shall be on duty. 6) The CUP shall not be effective until an ABC license has been issued and provided to the City. 7) The CUP shall be for the type of issued ABC License; any change to the type of liquor license shall require an amendment to the CUP. 8) In addition to any ABC requirements, the following alcohol related conditions shall be required: a. An employee of the alcohol business must monitor areas where alcohol is served. b. Alcoholic drinks shall not be included in the price of admission to any alcohol business. 17-5789/162867/MV 1 RESOLUTION NO. 2017-42 C. All alcohol shall remain within alcohol business premises, including outdoor dining areas. d. Service of alcoholic beverages for consumption off-site shall not be permitted. C. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. f. Games or contests requiring or involving consumption of alcoholic beverages shall be prohibited. g. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. h. Final announcements that inform patrons the kitchen and/or bar will stop accepting orders of alcoholic beverage (i.e., last call for alcohol) shall be at least 15 minutes prior to closing. i. Each individual patron shall only be served one standard single-sized alcoholic beverage at a time after midnight (if the business is permitted to operate after midnight). j. Consumption of alcoholic beverages by on-duty employees; including servers, bartenders, kitchen staff, management and supervisory personnel is not permitted. k. 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 ABC or an ABC approved RBS trainer and records of the training must be maintained on-site for review. 9) All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premise are required as part of the CUP to be followed. 10) No patrons shall be permitted to loiter within the vicinity of any entrances and exits at any time. 11) Alcohol businesses shall install and maintain a video surveillance system to monitor all doors, eating areas, parking areas, and public area of premises and shall make the video available to the Police Department. Electronic copies of 17-5789/162867/MV 2 RESOLUTION NO. 2017-42 video must be made available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on- scene upon request by a Police Officer. The business shall retain video surveillance for one-month. All video surveillance cameras must record in color, with digital recording to DVR and able to record in low light. 12) In addition to the Downtown Specific Plan and Huntington Beach Zoning and Subdivision ordinance, all signs shall comply with the following: a. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. b. There shall be no window coverings or advertisements that reduce the visibility inside of the business. C. Signage, posters, and advertising with "Do Not Drink and Drive" shall be posted in the business. d. Signs shall be posted in a conspicuous space at the entrance/exit of the restaurant which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." 13) Dancing and/or dance floor and/or live entertainment is prohibited. (Note: a new or amended Conditional Use Permit and an Entertainment Permit issued by the City is required for these additional activities). 14) If there is an outdoor patio/dining area where alcohol is served and/or sold as part of the business, the following shall apply: a. A sign shall be posted in a conspicuous space at the entrance/exit point of the patio, which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." b. The patio shall have a physical barrier minimum 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol through the barrier. 15) If approved to be open past midnight, there shall be a minimum of two identifiable security employees on the premises every Thursday, Friday, and Saturday from 8:00 pm to 2:30 am to control crowds, monitor customers, and ensure doors remain closed. 17-5789/162867/N V 3 RESOLUTION NO. 2017-42 EXHIBIT B — STANDARD CONDITIONS EATING AND DRINKING ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT: The following standard Conditions of Approval shall be part of any Conditional Use Permit for the establishment of any eating and drinking establishment with alcohol beverage sales and entertainment located within the Downtown Specific Plan area, District 1: 1) Generally, hours of operation shall be limited to between 7:00 a.m. to 12:00 a.m. midnight. The hours of operation shall be limited to between 7:00 a.m. to 10:00 p.m. for any alcohol business proposed in the following locations: a. West side of 5th Street between Walnut Avenue and Orange Avenue; and b. East side of 3rd Street between Walnut Avenue and Orange Avenue. 2) No new customers shall be permitted to enter the alcohol business 30 minutes before closing. 3) A minimum of 70 percent of the net floor area of the alcohol business shall be designated for dining. The dining area excludes areas used for cooking, kitchen preparation, office, storage, and restrooms and also excluding outdoor dining areas. 4) All areas of the alcohol business that are accessible to patrons shall be illuminated such that the appearance and conduct of all people in the alcohol business are visible from inside the alcohol business. 5) Alcohol businesses must provide food service until one (1) hour before closing including a cook and food servers shall be on duty. 6) The CUP shall not be effective until an ABC license has been issued and provided to the City. 7) The CUP shall be for the type of issued ABC License; any change to the type of liquor license shall require an amendment to the CUP. 8) In addition to any ABC requirements, the following alcohol related conditions shall be required: a. An employee of the alcohol business must monitor areas where alcohol is served. b. Alcoholic drinks shall not be included in the price of admission to any alcohol business. 17-5789/162867/MV 1 RESOLUTION NO. 2017-42 C. All alcohol shall remain within alcohol business premises, including outdoor dining areas. d. Service of alcoholic beverages for consumption off-site shall not be permitted. e. There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks. f. Gaines or contests requiring or involving consumption of alcoholic beverages shall be prohibited. g. No reduced price or promotions of alcoholic beverages shall be allowed after 7:00 p.m. h. Final announcements that inform patrons the kitchen and/or bar will stop accepting orders of alcoholic beverage (i.e., last call for alcohol) shall be at least 15 minutes prior to closing. i. Each individual patron shall only be served one standard single-sized alcoholic beverage at a time after midnight (if the business is permitted to operate after midnight). j. Consumption of alcoholic beverages by on-duty employees; including servers, bartenders, kitchen staff, management and supervisory personnel is not permitted. k. 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 ABC or an ABC approved RBS trainer and records of the training must be maintained on-site for review. 9) All owners, employees, representatives, and agents must obey all federal, state, and local laws. In addition, all conditions of the Conditional Use Permit, Alcoholic Beverage Control License and any other regulations, provisions, or restrictions prescribed by an agency with jurisdiction over the premise are required as part of the CUP to be followed. 10) No patrons shall be permitted to loiter within the vicinity of any entrances and exits at any time. 11) Alcohol businesses shall install and maintain a video surveillance system to monitor all doors, eating areas, parking areas, and public area of premises and shall make the video available to the Police Department. Electronic copies of video must be made 17-5789/162867/W 2 RESOLUTION NO. 2017-42 available to the Huntington Beach Police Department within 48 hours of request. Digital recordings shall be made available for viewing on-scene upon request by a Police Officer. The business shall retain video surveillance for one-month. All video surveillance cameras must record in color, with digital recording to DVR and able to record in low light. 12) In addition to the Downtown Specific Plan and Huntington Beach Zoning and Subdivision ordinance, all signs shall comply with the following: a. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within,promoting or indicating the availability of alcoholic beverages. No interior displays of alcoholic beverages or signs which are clearly visible to the exterior. b. There shall be no window coverings or advertisements that reduce the visibility inside of the business. C. Signage, posters, and advertising with "Do Not Drink and Drive" shall be posted in the business. d. Signs shall be posted in a conspicuous space at the entrance/exit of the restaurant which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." 13) An Entertainment Permit from the Huntington Beach Police Department must be obtained prior to commencing any live entertainment activity. In addition to the requirements for entertainment permits set forth in Huntington Beach Municipal Code Section 5.44, the following shall apply: a. The seating capacity within the dining area(excluding outdoor dining areas) shall accommodate a minimum of 100 people. b. No outside promoters can be used under any circumstances. C. All amplified entertainment shall be confined to the indoors. d. All exterior doors and windows shall be closed during live entertainment. e. No entertainment(amplified or otherwise) shall be audible beyond 50 feet of the business in any direction. f. Entertainment is not allowed on the patio/outdoor dining area unless specifically provided by Conditional Use Permit, and said entertainment shall be limited to: i. Non-amplified entertainment with no more than two performers. 17-5789/162867/MV 3 RESOLUTION NO. 2017-42 ii. Amplified entertainment is permitted but limited to ambient music only. 14) Dancing and/or dance floor shall be prohibited. (Note: a new or amended Conditional Use Permit and Entertainment Permit issued by the City is required for dancing which must be specially identified as part of the Entertainment Permit and only in a pre-approved designated area.) 15) If there is an outdoor patio/dining area where alcohol is served and/or sold as part of the business,the following shall apply: a. A sign shall be posted in a conspicuous space at the entrance/exit point of the patio, which shall state, "NO ALCOHOLIC BEVERAGES BEYOND THIS POINT." b. The patio shall have a physical barrier minimum 36 inches in height surrounding the outdoor dining area and designed in a manner that will prohibit passing of alcohol through the barrier. 16) If approved to be open past midnight, there shall be a minimum of two identifiable security employees on the premises every Thursday, Friday, and Saturday from 8:00 pm to 2:30 am to control crowds, monitor customers, and ensure doors remain closed. 17-5789/162867/W 4 Res. No. 2017-42 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU 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 August 7, 2017 by the following vote: AYES: Semeta, Posey, Del leize, Brenden, Peterson Y 9 i NOES: Hardy ABSENT: None RECUSE: O'Connell City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2013-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HU TINGTON 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 I area with alcoholic beverage sales and/or an entertainment pennit, 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 pen-nit 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 Pen-nit via a public hearing. Any amendments to these conditions must be approved by the City Council. 1 10-2396/97629.doc HB -463- Item 18. - 13 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 1st day of July , 2013. REVIE APPROVED: Mayor INITIA AND APPROVED-. City a ha er Director of Pldnning and Building D AS TO FORM.- Cit Attorn y 2 10-2396/97629.doc Item 18. - 14 H B -464- Resolution No. 2013-24 EN BBIT A EATING AND DRRgK NG ESTABLISHMENTS WITH ALCOHOLIC BEVERAGE SALES: The following"standard Conditions of Approval shall be part of any Conditional lise 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 PIan 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 5`y' 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) 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 whore 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. l l)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. 1 Item 1.8. - 15 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 Drink and Drive" shall be posted in the business. 16)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. 2 Item 18. - 16 H B -466- Resolution No. 2 013-2 4 EXHIBIT B EATING AND DRINKING ESTABLISHMENTS 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. W-2396/976.31.doc 1 HB -467- Item 18. - 17 Rewtutiou N02013-24 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. 16) No entertainment shall be audible beyond 50 feet of the business in any direction. I7) 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 Brink 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 1()-239&9763 Ldoc 2 Item 18. - 18 HB -468- 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 cm City erk and ex-officio C rk of the City Council of the City of Huntington Beach, California HB -469- Item 18. - 19 CITY COUNCIL ADMINISTRATIVE ITEM Adopt Resolution No. 2017-42 Downtown Alcohol and Live Entertainment August 7, 2017 BACKGROUND :• CC Ad Hoc Downtown Image Committee Standard list of conditions for eating and drinking establishments with alcohol and/or live entertainment :• Hours of operation — limited to 12:00 Midnight :•Applied to new requests �o Resolution 2010-05 •: Resolution 2011-16 :• Resolution 2013-24 LOCATION c '" Downtown Specific Plan District 1 RECENT COUNCIL DIRECTION March 6, 2017 - Council directed further review of Resolution 2013-24 ❖ Proposed modifications = staff collaboration through Police Dept, City Attorney's Office, and Community Development Dept PROPOSED MODIFICATIONS Amends to allow ZA or PC action on proposed deviations from standard conditions (currently only CC can approve deviations) 4• Example—staying open past 12:00 midnight Adds criteria to consider when evaluating proposed deviations 4. Operational and business characteristics, ❖ Distance from residential, ❖ Available on-site parking, ❖ Presence of on-site security, ❖ Established alcohol and noise controls, •: Floor plan design, etc. PROPOSED MODIFICATIONS Strengthens guidelines for revocation of conditional use permits •:• Refines the standard list of conditions for responsible alcoholic beverage service Continues to apply to all new CUP requests and modifications only when expanding alcohol or live entertainment RECOMMENDATION ❖ Collectively, staff recommends City Council adoption of Resolution No. 2017-42 NOW Questions?