HomeMy WebLinkAboutResolution 2011-16 - Establish Conditions of Approval for Ea Council/Agency Meeting Held:
Deferred/Continued to:
'4App�v d ® C n itionally Ap roviarl IJ Denied Ity erk's W6nature
Council Meeting Date: 3/07/2011 Department ID Number: PD 11-006
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kenneth W. Small, Chief of Police
SUBJECT: Resolution No. 2011-16 establishing Conditions of Approval for Eating
and Drinking Establishments with Alcoholic Beverage Sales and Live
Entertainment
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
On January 19, 2010, the City Council adopted Resolution No. 2010-05 which 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.
Based on discussions with business owners and members of staff, it appears there is
confusion regarding the interpretation and implementation of certain provisions of
Resolution No. 2010-05. The purpose of this new resolution is to give further direction to
staff to clarify the intent of the City Council in regards to certain provisions of Resolution
No. 2010-05.
Funding Source:
Not Applicable
Recommended Action: Motion to:
A) Adopt Resolution No. 2011-16, "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;" and,
B) Direct staff that the hours of operation are meant to apply to alcohol sales only, with no
intent to prohibit the sale of food after those hours; and,
C) Direct staff that the proposed conditions shall apply to conditional use permit
applications applied for subsequent to the adoption of the resolution only when the
permit is a new request for either the service of alcoholic beverages or entertainment. /
ATTACHMENT #2
RESOLUTION NO.
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 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 only when the application is a new request for either the
service of alcoholic beverages or entertainment, and shall remain in effect unless modified by the
reviewing body as part of the Conditional Use Permit via a public hearing.
4. Resolution No. 2010-05 is hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the day of ,24 2011.
Mayor
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City ^dmiais'~a+e~Manager Director of Planning and Building
APPROVED AS TO FORM:
City Attorney
10-2396.00 1/Compare Result 44'1 59674
i
10-2396.00 1/Compare Result 44269 5QA:4
Resolution No.
EXHIBIT A
EATING AND DRINKING ESTABLISHMENTS 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 eper-atie*alcohol sales 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.
10-2396.001/Compare Result 2
Resolution No.
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 eper-atieealcohol sales 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) 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.
10-2396.00]/Compare Result 3 1
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 3/07/2011 DEPARTMENT ID NUMBER: PD 11-006
In situations where there is an existing conditional use permit that allows the service of
alcoholic beverages or alcoholic beverages and entertainment the resolution shall not
apply; and,
D) Direct staff that the police department has the authority to waive this provision when, in
their opinion, the nature of the entertainment (time, type of entertainment, location
within the business, etc.) will not interfere with people outside the business or create a
public safety concern.
Alternative Action(s):
Do not approve the attached Resolution and direct staff accordingly.
Analysis:
On December 15, 2008, the City Council established an Ad Hoc Committee to focus on
improving the environment in the downtown area during the summer months, holidays, and
weekend nights. The Downtown Image Committee met monthly between February 2009 and
August 2009 to study the various issues. On August 17, 2009, the committee forwarded its
recommendations to the City Council.
On January 19, 2010, the City Council adopted Resolution No. 2010-05 which 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.
Based on discussions with business owners and members of staff, it appears there is
confusion regarding the interpretation and implementation of certain provisions of Resolution
No. 2010-05. The purpose of this new resolution is to give further direction to staff to clarify
the intent of the City Council in regards to certain provisions of Resolution No. 2010-05.
Exhibit A (1) and Exhibit B (1) of Resolution No. 2010-05 states that the hours of operation
shall be limited to between 7:00 a.m. and 12:00 a.m. except for business proposed on the
west side of 5t" Street between Walnut Avenue and Orange Avenue and the east side of 3rd
Street between Walnut Avenue and Orange Avenue where the hours of operation shall be
limited to between 7:00 a.m. and 10:00 p.m.
The proposed resolution clarifies that the hours of operation are meant to apply to alcohol
sales only. There is no intent to prohibit the sale of food after those hours.
Resolution No. 2010-05 states that the proposed conditions shall apply to conditional use
permit applications applied for subsequent to the adoption of the resolution.
The proposed resolution clarifies that proposed conditions shall apply to conditional use
permit applications applied for subsequent to the adoption of the resolution only when the
permit is a new request for either the service of alcoholic beverages or entertainment. In
-2- 3/1/2011 2:35 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 3/07/2011 DEPARTMENT ID NUMBER: PD 11-006
situations where there is an existing conditional use permit that allows the service of
alcoholic beverages or alcoholic beverages and entertainment the resolution shall not apply
Exhibit No. B (12) of Resolution No. 2010-05 states that all exterior doors and windows shall
be closed at all times during live entertainment.
The proposed resolution clarifies that the police department has the authority to waive this
provision when, in their opinion, the nature of the entertainment (time, type of entertainment,
location within the business, etc.) will not interfere with people outside the business or create
a public safety concern.
Strategic Plan Goal: Maintain public safety
Environmental Status: N/A
Attachment(s):
1. Resolution' No. 2011-16, "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" including
Exhibit A Eating and Drinking Establishments with Alcoholic Beverage Sales;
and, Exhibit B Eating and Drinking Establishments with Alcoholic Beverage Sales
and Live Entertainment.
2. Legislative Draft— Resolution No. 2011-16
3. Resolution No. 2010-05 — proposed to be repealed
-3- 3/1/2011 2:35 PM
ATTACHMENT # 1
RESOLUTION NO. 2 011-16
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 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 only when the application is a new request for either the
service of alcoholic beverages or entertainment, and shall remain in effect unless modified by the
reviewing body as part of the Conditional Use Permit via a public hearing.
4. Resolution No. 2010-05 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 March , 2011.
C
REVIE D ND APPROVED: INITIA AND APPR VED:
City a ger Director of Pan in and Building
ROVED AS TO FORM:
a
y Attorney
10-2396.001159674
Resolution No. 2 011-16
EXHIBIT A
EATING AND DRINKING ESTABLISHMENTS 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 alcohol sales 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 ) 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.
10-2396.001/59676
Resolution No. 2 01 1 -16
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 alcohol sales 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 51h 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 3id 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.
10-2396.00U59675 1
Resolution No, 2 01 1®16
12)All exterior doors and windows shall be closed at all times during live entertainment,
unless the Chief of Police believes the nature of the entertainment will not interfere with
people outside the business or create a public safety concern.
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.
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.
REST OF PAGE NOT USED
10-2396.001/59675 2
Res. No. 2011-16
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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 March 07, 2011 by the following vote:
AYES: Harper, Hansen, Carchio, Bohr, Dwyer
NOES: Shaw, Boardman
ABSENT: None
ABSTAIN: None
City erk and ex-officio Cgrk of the
City Council of the City of
Huntington Beach, California
Resolution No.
12)All exterior doors and windows shall be closed at all times during live entertainment,
unless the Chief of Police believes the nature of the entertainment will not interfere with
people outside the business or create a public safety concern.
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.
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.
REST OF PAGE NOT USED
10-2396LO I/Compare Result 3 2
ATTACHMENT #3
RESOLUTION NO. 2010-05
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 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:
I. 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 and shall remain in effect unless modified
by the reviewing body as part of the Conditional Use Permit via a public hearing.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of January ,2010
a
REVIE APPROVED: INITI ll ED A D APPROVED:
City strator D' or of Tanning anZrtuilding
SAPPROVED AS TO FORM:
�Attm ( • 12• ICJ
42685
I
Resolution No. 2010-05
EXHIBIT A
EATING AND DRINKING ESTABLISHMENTS 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 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) 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.
10-2396142679
Resolution No. 2010-05
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 am.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) 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.
10-2396142680 1
Resolution No. 2010-05
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.
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.
REST OF PAGE NOT USED
10-2396/42680 2
Res. No. 2010-05
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 January 19, 2010 by the following vote:
AYES: Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ASSENT: Coerper
ABSTAIN: Carchio
CiY Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California