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HomeMy WebLinkAbout20210527_Resolution_ZA2021-026Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL May 27, 2021 Rye, LLC Attn: Sara Lezama sara@ryegoods.com Subject: Minor Use Permit No. UP2021-012 (PA2021-063) 3418 Via Lido Rye Goods Bakery and Deli Dear Ms. Lezama, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on May 27, 2021 and effective on June 11, 2021. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, MS/msw cc: DJM Arc Lido, LLC awesley@djmcapital.com RESOLUTION NO. ZA2021-026 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR USE PERMIT NO. UP2021-012 TO ADD A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE (ON-SALE BEER AND WINE) AND A TYPE 20 (OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE TO AN EXISTING FOOD SERVICE EATING AND DRINKING ESTABLISHMENT (RYE GOODS BAKERY AND DELI) LOCATED AT 3418 VIA LIDO (PA2021-063) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rye, llc. with respect to property located at 3418 Via Lido, and legally described as Lot 6 in Tract 1235 requesting approval of a minor use permit. 2. The applicant proposes to allow an existing food service, eating and drinking establishment (Rye Goods Bakery and Deli) to add a Type 41 Alcoholic Beverage Control (ABC) License (On-Sale Beer and Wine) and a Type 20 (Off Sale Beer and Wine) ABC License. The request does not include any physical changes to the existing establishment. The hours of operation will remain 7:00 a.m. to 10:00 p.m., daily. This Minor Use Permit will supersede Minor Use Permit No. UP2015-045 (PA2015-203). 3. The subject property is designated Mixed Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W2) Coastal Zone District. The project is exempt from the requirements of a Coastal Development Permit (CDP) as no additional parking is required, and the proposed alcohol sales is intended as a convenience for the food service establishment that already exists within the building. The ABC licenses will add a service to the existing menu for on-site and take-out orders and does not modify or increase the operational capacity of the establishment. Therefore, the proposed changes are not considered an intensification of use. 5. A public hearing was held online on May 27, 2021, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. 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. ZA2021-026 Page 2 of 13 01-25-19 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. 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. 2. The proposed project involves no physical improvements with no expansion in floor area or change in parking requirements. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the findings for a use permit 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 (Alcohol Sales) 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 crime rate in the subject reporting district (RD 15) as well as two (2) of the three (3) adjacent RDs (Reporting Districts) are over the City average. RD 15 contains the large commercial shopping center known as The Landing at 32nd Street and Balboa Boulevard and much of Via Lido and Balboa Boulevard. The purpose of the Zoning of these beach areas is to provide various commercial and retail uses to support the surrounding residential area as well as the surrounding tourist destinations. Therefore, these beach areas with a higher concentration of commercial land uses tend to have a higher crime rate than adjacent RDs. 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 RDs. Additionally, this is the beach area that is considered one of the most significant tourist areas of the City. Zoning Administrator Resolution No. ZA2021-026 Page 3 of 13 01-25-19 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 subject property is located in a mixed-use district where residential development is permitted above the first floor. However, Lido Marina Village does not include any residential development and there are no plans to add mixed- use. 2. The nearest place of recreation, the beach, is located approximately one half (0.5) mile to the west. The nearest church, St. James Episcopal Church, is located approximately 800 feet to the south of the Property along Via Lido, and substantially separated from the Property by commercial properties and the Lido Villas development. The nearest school, Newport Elementary School, is located approximately one (1) mile to the southeast along West Balboa Boulevard. The Property is not located in close proximity to a daycare center. The Project is otherwise surrounded by other commercial retail and office uses. 3. Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. This location in Lido Marina Village has greater distance from sensitive land uses than other commercial areas iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. The Lido Marina Village was designed to accommodate multiple restaurants therefore the existing Rye Goods Bakery and Deli is located in close proximity to other food service establishments. This includes Nobu, a food service with late hours, outdoor dining, and a Type 47 (On Sale General) ABC license located at 3450 Via Oporto; Zinque, a food service with late hours, outdoor dining and a Type 41 (On Sale Beer and Wine); Circle Hook, a food service with outdoor dining, a Type 41 (On Sale Beer and Wine) ABC license and no late hours located at 3432 Via Oporto; and Lido Bottle Works, a food service with late hours, outdoor dinner, a Type 41 ABC license, and a Type 20 (Off Sale Beer and Wine) ABC license. The RD 15 statistics indicate an overconcentration of ABC licenses within this statistical area. 2. The per capita ratio of on-sale retail is one (1) license for every 69 residents and is higher than the adjacent districts and the average ratio for Orange County. The per capita ratio of off-sale retail is one (1) license for every 572 residents and is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, alcohol licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Lido Marina Village, Cannery Village, and McFadden Square. While the proposed restaurant is located in close proximity to other establishments, the location in Lido Marina Village, an established commercial Zoning Administrator Resolution No. ZA2021-026 Page 4 of 13 01-25-19 area, together with the proposed operational characteristics would make the service of alcoholic beverages appropriate. The Police Department does not anticipate any increase in crime or alcohol-related incidents with the approval of this application subject to the proposed conditions of approval. 3. Due to the type and operation of the restaurant which is conditioned to close at 10:00 p.m. with limited net public areas, and the incorporation of additional conditions to prevent the restaurant from operating as a bar or lounge, the proximity to other establishments does not appear to create foreseeable concern. v. Whether or not the proposed amendment will resolve any current objectionable conditions 1. The existing commercial building has been occupied by a food service, eating, and drinking establishment since 2016. No objectionable conditions are presently occurring at the restaurant site. 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 NBMC 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. The off-sale of alcohol is intended for the convenience of the to- go goods that are often purchased. 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. All employees serving alcohol will be required to complete a certified training program in responsible methods and skills for selling alcoholic beverages, as required by the State of California. 3. Offering alcohol service will complement the food service and provide a convenience to customers. The Police Department has no objections to the operation given the proposed hours of operation, license type, and location of the use. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. Minor Use Permit In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a minor use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan; Zoning Administrator Resolution No. ZA2021-026 Page 5 of 13 01-25-19 Facts in Support of Finding 1. The General Plan designates the site as Mixed-Use Water 2 (MU-W2) which applies to areas where it is the intent to establish waterfront locations in which marine-related uses are intermixed with commercial service use and residential. 2. The proposed alcohol services are consistent with the MU-W2 designation as it is intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. 3. Several mixed-use structures including visitor serving commercial such as eating and drinking establishments with alcohol service uses exist nearby and are complementary to the surrounding commercial and residential uses. 4. The subject property is not part of a specific plan area. 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 property is designated by the Zoning Code as Mixed-Use Water (MU-W2), which applies to areas where it is the intent for waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The proposed addition of alcohol service to the existing food service establishment requires a minor use permit pursuant to Table 2-8 of Newport Beach Municipal Code Section 20.22.020 (Mixed- Use Zoning Districts Land Uses and Permit Requirements). The property is located approximately 370 feet from a residential zoning district. 2. The existing food service establishment operates under existing Use Permit No. UP2015-045 (PA2015-203). There are conditions limiting the net public area of the existing interior (514 square feet) and outdoor dining area (250 square feet), as well as the hours of operation (7:00 a.m. to 10:00 p.m., daily). These conditions will remain with the new use permit and the net public areas and hours of operation will remain unchanged. 3. Conditional Use Permit No. UP2014-014 (PA2014-002) approved the Lido Marina Village Parking Management Plan and established a maximum square footage limit on food service, eating and drinking uses within Lido Marina Village to ensure the adequacy of parking resources. Conditional Use Permit No. UP2017-019 (PA2017- 135) authorized changes to the Parking Management Plan (and superseded the prior Use Permit), including additional off-site patron parking and changes to the off-site employee parking shuttle service. The approved Parking Management Plan requires Zoning Administrator Resolution No. ZA2021-026 Page 6 of 13 01-25-19 off-site parking with shuttle service during peak occupancy periods from 4:00 p.m. through 10:00 p.m., Friday and Saturday, and during other periods that generate parking demands where occupancy within the parking structure is expected to exceed 85 percent. Off-site valet service is also available for customers at 3700 Newport Boulevard after 7:00 p.m. Therefore, sufficient parking is provided with the implementation of the Parking Management Plan approved with UP2014-014 and amended under UP2017-019, provided the maximum square footage limit on food service uses is not exceeded. In this case, Rye Goods Bakery and Deli operates under existing Use Permit No. UP2015-045 and the existing floor area is already accounted for within the food service limit of the Parking Management Plan with no increase in floor area proposed. The proposed addition of alcohol service does not change the parking requirements. 4. As conditioned, the proposed project will comply with Zoning Code standards for eating and drinking establishments. 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. The existing establishment consists of 514 square feet of interior net public area, a 250-square-foot outdoor dining area, kitchen facilities, indoor storage and washing areas, a restroom, dedicated wash down area that will drain directly into the sewer system, and a covered trash enclosure with gate. No physical changes are proposed. 2. The hours operation of the existing food service will remain restricted to the hours between 7:00 a.m. and 10:00 p.m., daily. These hours are consistent with the business hours of other restaurants and uses in the commercial area. 3. The subject property is located in a relatively dense commercial village area with multiple uses within a short distance of each other. Lido Marina Village is conducive to a significant amount of walk-in patrons. No on-site parking is available for the subject property but adequate parking is provided in the Lido Marina Village parking structure and adjacent streets (Central Avenue and Via Oporto) as authorized under the Parking Management Plan approved by Use Permit Nos. UP2014-014 (PA2014-002) and UP2017-019 (PA2017-135). 4. The surrounding area contains various, retail and visitor serving commercial uses including restaurants with alcohol service. Adding the alcohol service to the existing food service is compatible with the existing and permitted uses within the area. 5. The operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related Zoning Administrator Resolution No. ZA2021-026 Page 7 of 13 01-25-19 impacts. The project has been conditioned to ensure that the business remains a restaurant and does not become a bar or tavern. Additionally, dancing or live entertainment is not permitted. 6. The existing common trash storage area located approximately 150 feet to the west is adequate to accommodate the proposed food service use and is conveniently located where materials can be deposited and collected, and does not impede with parking. 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; and Facts in Support of Finding 1. The existing food service establishment provides adequate public and emergency vehicle access, public services, and utilities. 2. The site is accessible from both Via Lido and a private alley at the rear. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, and 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 limited hours reduce impacts to surrounding land uses and sufficient parking is available for the existing food service establishment. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The food service, eating and drinking establishment serves the surrounding community in a commercial area designed for such uses. The additional service of alcohol is provided as a public convenience and is not uncommon in establishments of this type. Additionally, the service of alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. Zoning Administrator Resolution No. ZA2021-026 Page 8 of 13 01-25-19 3. All owners, managers, and employees selling or serving alcohol will be required to complete a Responsible Beverage Service Certification Program. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2021-012 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 4. This resolution supersedes Zoning Administrator Resolution No. ZA2016-005, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF MAY, 2021. Zoning Administrator Resolution No. ZA2021-026 Page 9 of 13 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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 Use Permit. 4. This Minor Use Permit may be modified or revoked by the Zoning Administrator if it is determined 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. 5. 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. 6. 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. 7. The hours of operation shall be limited between 7:00 a.m. and 10:00 p.m., daily. 8. The “net public area” of the establishment shall not exceed 514 square feet for the interior of the subject facility. 9. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 250 square feet in area. 10. Fences, walls, or similar barriers shall serve only to define the outdoor dining area, shall meet the minimum requirements required by the Alcoholic Beverage Control License, and shall not constitute a permanent all-weather enclosure. The barrier shall match the approved use permit plan, shall be in-line with the existing outdoor dining area and shall not obstruct the adjacent public walkway. Zoning Administrator Resolution No. ZA2021-026 Page 10 of 13 01-25-19 11. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 of the Newport Beach Municipal Code. 12. All lighting shall conform with the standards of NBMC 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. 13. 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. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 14. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays and Holidays. 15. 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. 16. No outside paging system shall be utilized in conjunction with this establishment. 17. All trash shall be stored within the existing common trash enclosure 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. 18. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 19. 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. Zoning Administrator Resolution No. ZA2021-026 Page 11 of 13 01-25-19 20. 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). 21. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 22. Storage outside of the building, in the front or at the rear of the property, shall be prohibited, with the exception of the required trash container enclosure. 23. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or 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. 24. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 25. 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 Rye Goods Bakery and Deli including, but not limited to, Minor Use Permit No. UP2021-012 (PA2021-063). 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. Zoning Administrator Resolution No. ZA2021-026 Page 12 of 13 01-25-19 Police Department 26. 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 is a violation and may be cause for revocation of the use permit. 27. 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 certifying/licensing body designated by the State of California. The 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. 28. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 29. 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. 30. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 31. There shall be no live entertainment or dancing allowed on the premises. 32. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 33. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m. 34. Food service from the regular menu shall be made available to patrons until closing. 35. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 36. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. Zoning Administrator Resolution No. ZA2021-026 Page 13 of 13 01-25-19 37. “VIP” passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 38. Strict adherence to maximum occupancy limits is required. 39. The applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. 40. 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, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 41. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition.