Loading...
HomeMy WebLinkAboutZA2018-035 - A MINOR USE PERMIT TO APPROVE A THEATER AND EATING AND DRINKING ESTALBISHMENT WITH A TYPE 47 (ON-SALE GENERAL, FULL LIQUOR) ALCOHOLIC BEVERAGE CONTROL LICENSE AND LIVE ENTERTAINMENT AND DANCING - 999 NEWPORT CENTER DRIVERESOLUTION NO. ZA2018-035 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2017-020 FOR A THEATER AND EATING AND DRINKING ESTABLISHMENT WITH A TYPE 47 (ON-SALE GENERAL, FULL LIQUOR) ALCOHOLIC BEVERAGE CONTROL LICENSE AND LIVE ENTERTAINMENT AND DANCING AT 999 NEWPORT CENTER DRIVE (PA2017-139) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Carlos Wellman on behalf of the LOT Fashion Island, with respect to property located at 999 Newport Center Drive, and legally described as Parcel 2 of Lot Line Adjustment LA2009-001 requesting approval of a minor use permit. 2. The applicant requests approval of a minor use permit (amendment to UP No. 2016-001) to continue the operation of a food service, eating and drinking establishment, with indoor and outdoor dining areas and a movie theater with added live entertainment and dancing in conjunction with the previously approved Type 47 (On-Sale General, Full Liquor) Alcoholic Beverage Control (ABC) license for a bona fide eating and drinking establishment. 3. Amendment No. 2 to Minor Use Permit No. UP2011-029 (renumbered as UP2016-001) approved by the Zoning Administrator on April 14, 2016 allowed a change from the a Type 41 (Beer and Wine) ABC license to a Type 47 (On Sale General, Full Liquor) ABC license for a bona fide eating and drinking establishemnt within an existing theater that also inlcuded outdoor dining. Currenlty approved alcohol sales hours are 11:00 a.m. -- 1:00 a.m. 4. The subject property is located within the North Newport Center Planned Community (PC- 56) Zoning District and the General Plan Land Use Element category is Regional Commercial (CR). 5. The subject property is not located within the coastal zone. 6. A public hearing was held on March 29, 2018 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2018-035 Page 2 of 12 07-11-17 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project will allow the continuation of alcohol services with the added allowance for live entertainment and dancing in an existing tenant space. Therefore, the project qualifies for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding: In finding that the proposed use is consistent with Section 20.48.030 of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The establishment is located within Reporting District (RD) 39, wherein the number of crimes is higher than adjacent Reporting Districts and the City. RD’s 37, 38, 43, and 47 have a lower number of crimes as they are primarily residential with few commercial uses. Due to the high concentration of commercial land uses in Fashion Island, the crime rate and the shoplifting (burglary/thievery) rate is greater than adjacent residential Reporting Districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this RD. 2. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the addition of the alcoholic beverage license subject to appropriate conditions of approval. Zoning Administrator Resolution No. ZA2018-035 Page 3 of 12 07-11-17 ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than adjacent residential Reporting Districts. In 2017, alcohol related arrests made up 18% of the all arrests (70 of 389) in RD 39. The Police Department does not consider the rate high because of the concentration of restaurants and commercial uses within Fashion Island and the surrounding Newport Center area. The Newport Beach Police Department reported 1 arrest at the subject establishment in 2017. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The establishment is located within the interior of Fashion Island, a regional shopping mall containing over 1.6 million square feet of commercial, retail, service and restaurant uses. 2. Fashion Island does not directly abut sensitive land uses and is separated from other uses by parking lots, roadways and other commercial uses. The proposed use is not located in close proximity to residential districts, day care centers, park and recreation facilities, places of religious assembly, or schools. The Police Department has reviewed the Minor Use Permit application and recommended conditions of approval to ensure that the design and security of the establishment are properly addressed. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. There are several other restaurants within the Fashion Island Shopping Center. These include tenants such as the Red O, Yard House, True Food Kitchen, Whole Foods, Cheesecake Factory, P.F. Chang’s, etc. These establishments have Type 41 (On Sale Beer and Wine) or Type 47 (On Sale General) alcohol licenses and there is no evidence suggesting these uses have been detrimental to the neighborhood. 2. The per capita ratio of one license for every 13 residents is higher than the adjacent districts in the City and the average ratio for Orange County. This is due to the higher concentration of commercial land uses relative to the low residential population in and around Newport Center. While the area does have a high concentration of alcohol licenses, the proposed change of operational characteristics to add dancing, live entertainment and extend the hours of operation will not increase the number of alcohol licenses as the previous tenant had approval for and held a valid Type 47 ABC license. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. The existing establishment has been authorized to serve alcohol since 2011 and there is no evidence of a pattern of objectionable conditions. Zoning Administrator Resolution No. ZA2018-035 Page 4 of 12 07-11-17 2. The project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. 3. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Licensee Education on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training. In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The property is designated as Regional Commercial (CR) by the Land Use Element of the General Plan. The theater and eating and drinking establishment with ancillary live entertainment and dancing is consistent with that designation as it is a supporting use that is integrated as part of a retail multi-tenant commercial center, and an allowed use under the CR designation. 2. The food and alcohol concessions for the existing theater, which also included interior and exterior dining areas, have proven compatible with the existing and allowed land uses in Fashion Island and the historical use of the theater. Additionally, eating and drinking establishment uses within Fashion Island are historically allowed uses and have been proven compatible with the existing and allowed uses within Fashion Island. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The project is located in the Fashion Island Sub-Area of the PC-56 (North Newport Center Planned Community) Zoning District. Fashion Island is intended to be a regional retail and entertainment center and a day and evening destination with a wide variety of uses that serve visitors, residents, and employees of the area. The theater/eating and Zoning Administrator Resolution No. ZA2018-035 Page 5 of 12 07-11-17 drinking establishment with alcoholic beverage sales, live entertainment and dancing is a commercial use that is intended to serve visitors, residents, and employees in the broader regional area and, therefore, is consistent with the purposes of the North Newport Center Planned Community District for the Fashion Island Sub-Area. 2. The theater and eating and drinking establishments are permitted uses within the Fashion Island Sub-Area of the North Newport Center Planned Community Zoning District. Pursuant to the Planned Community Text, live entertainment falls beneath the definition of “Commercial Recreation and Entertainment” which is also a permitted use within the Fashion Island subarea. Pursuant to the Planned Community Text, a minor use permit is required to allow the on premise sale of alcohol in conjunction with the theater, eating and drinking establishment and the addition of live entertainment and dancing requires a minor use permit. 3. The 420-seat movie theater is within the limits of the 680 seat limit allocated for the Fashion Island portion of the North Newport Center Planned Community. Additionally, the interior alterations are within the same footprint as previous tenant space. The outdoor areas occupy historical outdoor dining areas and common shared outdoor areas and walkways of in the shopping center. The proposed changes to operations characteristics do not affect the development limit because the area occupied by the establishment is within the existing tenant space and shopping center development areas. 4. Fashion Island has a Regional Commercial parking requirement of 3 spaces per 1,000 square feet. The proposed amendment does not change or increase the parking requirement. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. A theater has operated in this location since 1989 and the use has not proven detrimental to the area. The theater has provided beer and wine service since 2012 and full liquor and dining service since 2016. The use has demonstrated the location’s capability of operating as a compatible use with other land uses in the vicinity. 2. The establishment is located within the center of the Fashion Island Mall on the second floor near other eating and drinking establishments. The expansion of hours (7 a.m. - 1:30 a.m.) and the addition of live entertainment and dancing (until 11 p.m.) are intended to provide an additional entertainment venue to residents and visitors to the City. 3. Fashion Island does not directly abut sensitive land uses and is separated from other uses by parking lots, roadways and other commercial uses. The proposed use is not located in Zoning Administrator Resolution No. ZA2018-035 Page 6 of 12 07-11-17 close proximity to residential districts, day care centers, park and recreation facilities, places of religious assembly, or schools. 4. The outdoor dining area with late hours is located within the existing shopping center. The shopping contains a mix of uses that include multiple outdoor dining areas. The outdoor dining area associated with this project is located on the second floor among other vibrant and busy uses. Outdoor dining is expected to found in these type of shopping, service and entertainment environments. 5. The Police Department is familiar with the security plan in place for the overall shopping center and conditions of approval, including the requirement for a customized security plan for establishment is proposed to adequately manage the late hour component of the proposed restaurant. 6. The establishment is required to adhere to all applicable municipal code standards related to lighting and noise. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The project site is located in a tenant space historically used as movie theater with interior and exterior dining areas. 2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. Fashion Island is an outdoor and indoor mall with wide and open walkways. Fashion Island is encircled by Newport Center Drive and is developed with several surface parking lots, parking structures, and loading areas. 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The Zoning Administrator Resolution No. ZA2018-035 Page 7 of 12 07-11-17 operator is required to take reasonable steps to discourage and correct objectionable conditions including discontinuing service to intoxicated patrons. The operator must also correct conditions that constitute nuisance areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the movie theater. 2. The proposed alcohol service is provided as a public convenience to establishment patrons. The service of alcoholic beverages in addition to live entertainment and dancing will provide an economic opportunity to maintain a successful business at this location in a way that best serves the quality of life for the surrounding community. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-020, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This Resolution supersedes Minor Use Permit No. UP2006-001 (PA2016-001) which upon vesting of the rights authorized by this application, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 29th DAY OF MARCH, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-035 Page 8 of 12 07-11-17 EXHIBIT “A” CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Minor Use Permit No. UP2017-020 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Minor Use Permit. 5. This Minor Use Permit may be modified or revoked by the Zoning Administrator should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Minor Use Permit. 7. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. Zoning Administrator Resolution No. ZA2018-035 Page 9 of 12 07-11-17 10. Alcohol may be served within the interior of the establishment and on the outdoor dining patio (“licensed premises”). Alcoholic beverages served by the establishment shall only be consumed on the licensed premises and shall not be consumed on any adjacent property. 11. The hours of operation for the establishment (interior and exterior) including the sales, service and consumption of alcoholic beverages shall be limited between 7 a.m. to 1:30 a.m., daily. 12. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The size and location of the outdoor dining areas shall be in substantial conformance with approved plans. 13. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 14. The outdoor dining patio shall be separated from the main mall corridor with a decorative barrier (subject to ADA compliance and ABC requirements) which may include gates at least 36 inches high placed around the perimeter of the consumption area. The barrier and gates shall meet egress requirements and shall be installed to the satisfaction of the Building Division. Final barrier design subject to the review and approval of the Community Development Director. 15. Live entertainment and dancing are allowed between the hours of 7 a.m. and 11 p.m., daily. The operator is required to obtain live entertainment permit and café dance permit pursuant to the Newport Beach Municipal Code 16. A special event permit is required for any event or promotional activity outside the normal operational characteristics of this business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 17. All proposed signs shall be in conformance with the provisions of the PC-56 (North Newport Center Planned Community), Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code, or an approved Comprehensive Sign Program for the project site. 18. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 19. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control Zoning Administrator Resolution No. ZA2018-035 Page 10 of 12 07-11-17 requirements of the Newport Beach Municipal Code. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Between the hours of 7 a.m. and 10 p.m. Between the hours of 10 p.m. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 20. An outdoor sound system shall be permitted within the outdoor dining areas for music played at a background level. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal Code. 21. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 22. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the alcoholic beverage outlet and adjacent properties, if directly related to the patrons of the subject alcoholic beverage outlet. 23. The area outside of the establishment shall be maintained in a clean and orderly manner. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting walkways within 20 feet of the premises. The operator of the movie theater use shall be responsible for the clean-up of all on-site and off-site trash, garbage, and litter generated by the use. 24. The operator shall be responsible for the clean-up of all on-site and off-site trash, garbage and litter generated by the use. 25. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. Zoning Administrator Resolution No. ZA2018-035 Page 11 of 12 07-11-17 26. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 27. Storage outside of the building shall be prohibited. 28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the The LOT Fashion Island Minor Use Permit including, but not limited to, Minor Use Permit No. UP2017-020 (PA2017- 139). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department Conditions 29. The approval is for a theater and accessory eating and drinking establishment with on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On Sale General) license. 30. The primary use of the establishment shall be a theater. Approval does not permit the premises to operate as a “bar, tavern, cocktail lounge or nightclub” as defined by the Newport Beach Municipal Code. 31. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the use permit. 32. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The Zoning Administrator Resolution No. ZA2018-035 Page 12 of 12 07-11-17 establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner’s, manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 33. Strict adherence to maximum occupancy limits is required. Permittee must be able to produce an occupancy count for the restaurant area upon request. 34. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 35. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 36. All sales or service of alcoholic beverages in the licensed premises shall be made only from the areas specifically licensed by the Department of Alcohol Beverage Control, or by trained servers within the general spectator areas. The alcohol beverages must be personally delivered to the patron by the employee who took the order. 37. Servers shall not carry a supply of unordered alcoholic beverages for sale. 38. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 39. No off-sales of alcohol shall be permitted. 40. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 41. Security personnel with guard cards must patrol the premises to alleviate police problems including excessive noise, abusive behavior, disturbances, and other violations. This area shall include a 100 square feet perimeter and the parking area. 42. Security personnel with guard cards must be present when live entertainment or dancing are being conducted. 43. The permittee shall maintain a security recording system with a 30-day retention and make those recordings available to police upon request. 44. The permittee must submit a security plan to the Police Department for approval. The Police Department shall be notified of any changes to the approved plan.