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HomeMy WebLinkAboutZA2023-018 - APPROVING A MINOR USE PERMIT TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) AND LIMITED LIVE ENTERTAINMENT FOR AN EXISTING RESTAURANT SPACE LOCATED AT 6800 WEST COAST HIGHWAY (PA2022-0208)RESOLUTION NO. ZA2023-018 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) AND LIMITED LIVE ENTERTAINMENT FOR AN EXISTING RESTAURANT SPACE LOCATED AT 6800 WEST COAST HIGHWAY (PA2022-0208) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Abder Amokrane of Casablanca The Restaurant (Applicant), with respect to property located at 6800 West Coast Highway, and legally described as Lot 4 and Portion of Lot 3, Block 8, of the Seashore Colony Tract requesting approval of a minor use permit (MUP). 2. The applicant proposes to add a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) License and limited live entertainment to an existing restaurant space that is currently vacant. No physical alterations are proposed to the space and no late hours (after 11 p.m.) are requested. The current MUP, UP2016-047, would be superseded if the request is approved and implemented. In accordance with Newport Beach Municipal Code (NBMC) Chapter 5.25 (Operator License), the Applicant must also obtain an operator license from the Chief of Police, as they intend to offer alcoholic beverages for on-site consumption in combination with live entertainment (Project). 3. The subject property is located within the Commercial Visitor-Serving (CV) Zoning District and categorized as Visitor Serving Commercial (CV) by the Land Use Element of the General Plan. 4. The subject property is located within the coastal zone. The property is within the Commercial Visitor-Serving Coastal Zoning District and is categorized as Visitor Serving Commercial (CV-A) by the Coastal Land Use Plan. The Project is exempt from obtaining a coastal development permit because, if approved, the project would only allow for additional menu offerings and limited live entertainment and is not considered development. 5. A public hearing was held on March 16, 2023, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2023-018 Page 2 of 14 10-18-21 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, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes minor alterations to existing structures involving negligible or no expansion of use. The project does not propose physical alterations to the existing restaurant building. Rather, the project includes operational changes (i.e., limited live entertainment) and additional menu offerings (i.e., alcohol). The additional menu offerings and limited entertainment will not expand the use of the property beyond its current use (i.e., a restaurant). SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Zoning Administrator shall consider the following findings prior to the approval of a new or amended alcohol sales establishment: Finding A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding In finding that the project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC, 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. a. The subject property is within an area the Newport Beach Police Department (NBPD) designates as Reporting District (RD) 17. RD 17 is located on the western edge of the City and runs from the intersection of 54th Street and Seashore Drive to its western terminus at the City limits. RD 17 includes the Newport Shores Community, the residences along West Ocean Front, and commercial uses along West Coast Highway. RD 17 is abutted by only one other reporting district; RD 16 to the east, with RD 24 and RD 15 beyond. b. The NBPD is required to report offenses of Part One Crimes combined with all arrests for other crimes, both felonies, and misdemeanors (except traffic citations) to the California Department of Alcoholic Beverage Control (ABC). Part One Crimes Zoning Administrator Resolution No. ZA2023-018 Page 3 of 14 10-18-21 are the eight most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 17 is considered and reported to ABC as a higher crime area, as compared to other RDs within the City. The RD 17 crime count for 2021 is 127, which is twenty-six (26) percent over the citywide average of 101 crimes per RD. c. The NBPD has reviewed the project and has no objection to the new Type 41 ABC license, subject to appropriate conditions of approval which have all been incorporated into Exhibit “A” of this Resolution. These conditions include provisions such as the requirement that all owners, managers, and employees selling alcoholic beverages shall undergo and complete a certified training program in responsible methods and skills for selling alcoholic beverages, a prohibition of the store from operating as a bar, tavern, cocktail lounge or nightclub, and the requirement that any substantial operational change require a subsequent review. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. a) In 2021, RD 17 had a higher percentage of alcohol-related crimes than the immediately adjacent RD 16 but had a significantly lower percentage than RD 24 and RD 15. The alcohol-related crimes of RD 16 were four percent lower than RD 17 while both RD 24 and RD 15 were 146 percent higher and 515 percent higher respectively. The higher number of alcohol-related crimes of RD 17 compared to the neighboring RD 16 is expected, given that the crime figure includes driving under the influence, public intoxication, and liquor law violations. These alcohol-related crimes are typically associated with commercial establishments. RD 16, which is almost exclusively residential, is unlikely to have similar crime incidents. The difference between the RD 17 and RD 16 was not substantial enough to warrant objection from the NBPD. 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. a) The restaurant is located at the intersection of West Coast Highway and Orange Street. The restaurant is abutted on all sides by residential uses. The nearest park, West Newport Park, is 125 feet away, across West Coast Highway. The public beach is located approximately 375 feet to the southwest of the site. There are no schools, child daycare facilities, or churches within a 500-foot radius of the site. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. a) There are 2 active Off-Sale ABC Licenses within one mile (5,280 feet) of the project site. Zoning Administrator Resolution No. ZA2023-018 Page 4 of 14 10-18-21 License Type Address Distance from Subject Property Type 21 (Off-Sale General) 6710 W. Coast Highway 164 feet Type 21 (Off-Sale General) 6110 W. Coast Highway 1,584 feet b) There are 5 active On-Sale ABC Licenses within one mile (5,280 feet) of the project site. All licenses belong to restaurants and there are no bars within the vicinity of the project. License Type Address Distance from Subject Property Type 47 (On-Sale General) 6700 W. Coast Highway 180 feet Type 41 (On-Sale Beer and Wine) 6310 W. Coast Highway 885 feet Type 41 (On-Sale Beer and Wine) 6204 W. Coast Highway 1,056 feet Type 47 (On-Sale General) 211 62nd Street 1,584 feet Type 47 (On-Sale General) 5930 W. Coast Highway 2,112 feet c) While there are ABC licenses within proximity of the project site, the NBPD did not object to the addition of a new license to the area. v. Whether or not the proposed amendment will resolve any current objectionable conditions. a) There were three police dispatch events in 2021 to the 6800 West Coast Highway vicinity. None of the events resulted in arrests. b) The project was reviewed by the Water Quality and Code Enforcement Division. There are no active code complaints at the Project site and there are no objectionable conditions presently occurring at the property. Zoning Administrator Resolution No. ZA2023-018 Page 5 of 14 10-18-21 Minor Use Permit In accordance with Section 20.52.020(F) (Findings and Decision) of the NBMC, the following findings and facts in support of such findings for a use permit 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 General Plan categorizes the site Visitor Serving Commercial (CV), which is intended to provide for either accommodations, goods, or services that will benefit visitors to the City. A food service establishment with alcohol is consistent with this land use category, as the restaurant will serve visitors enjoying the nearby public and staying in the nearby hotels. 2. Land Use Element Policy 1.5 (Economic Health) encourages a local economy that provides adequate commercial, office, industrial, and marine-oriented opportunities that provides employment and revenue to support high-quality community services. The existing restaurant has been without a tenant since 2020. The building is currently vacant and provides no benefit to visitors or the community. The Project will help facilitate a new restaurant operator moving into the space and using the suite for its intended commercial purpose of a restaurant. 3. 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 in the Commercial Visitor-Serving (CV) Zoning District. A restaurant with alcohol service and no late hours is a permitted use subject to the approval of a MUP pursuant to NBMC Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements). 2. While live entertainment is not a specific land use, it is regulated by NBMC Chapter 5.28 (Live Entertainment Establishments). The restaurant will provide limited live entertainment in the form of a single dancer, performing for approximately 15 minutes, twice an evening. The dancer will use amplified, pre-recorded, music and will dance in an open area of the dining room and will visit each table. Condition of Approval no. 35 requires the operator to obtain a live entertainment permit pursuant to NBMC 5.28.020 (Permit Required). Zoning Administrator Resolution No. ZA2023-018 Page 6 of 14 10-18-21 3. As the operator will also be serving beer and wine (i.e., alcohol), Condition of Approval No. 28 requires the operator obtain an Operator License pursuant to NBMC Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On-Site Consumption in Combination with Late Hours, Entertainment, And/or Dance). 4. The Project site has an existing 80-square-foot trash enclosure. This is more than double the minimum required size provided in NBMC chapter 20.30.120 (Solid Waste and Recyclable Materials Storage) and should be adequate. 5. Prior to the current restaurant configuration, the Project site was developed with a fast- food restaurant and a tattoo establishment. The remodel allowed for the expansion of the restaurant space by eliminating the tattoo establishment and the restaurant was converted from a fast-food eating and drinking establishment to a food service (no late hours) eating and drinking establishment. The elimination of the tattoo establishment and the conversion of the fast-food to food service (no late hours) ultimately resulted in a reduced parking demand as required by Table 3-10 of NBMC chapter 20.40.040 (Off- Street Parking Spaces Required). 6. The past restaurant, while considered a food service (no late hours) land use by the NBMC, operated as what is colloquially known as a fast-casual restaurant. Customers would wait in line to order from a service counter. Customers would then pick up their order from a service counter and return to their table to enjoy. This model of operation could accommodate a large volume of customers at any given time. The Project will operate more similarly to a traditional sit-down restaurant with customers being seated and ordering from a waiter. While the addition of alcohol and evening performances will encourage guests to stay at the restaurant for a longer duration, the Project does not anticipate servicing the same volume of customers per day. 7. The previous MUP allowed the restaurant to operate from 6 a.m. to 10 p.m. The current project proposes a reduction in hours with daily lunch service from 11 a.m. to 2 p.m. and dinner service from 5 p.m. to 9 p.m., Sunday to Thursday, and 5 p.m. to 10 p.m. on, Friday and Saturday. 8. The Property currently provides no onsite parking and is considered nonconforming. Given the project will have a reduction in hours of operation from the previous restaurant, will serve fewer customers per day, has no late hours, the walkability to the establishment from surrounding residences, hotels, and public spaces in the area, and the onsite bicycle rack, staff has determined the required parking ratio of one space per 40 square feet of net public area is appropriate. This parking rate is consistent with the previous MUP and does not represent an intensification in use from the past restaurant. Therefore, no additional parking is required. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Zoning Administrator Resolution No. ZA2023-018 Page 7 of 14 10-18-21 Facts in Support of Finding: 1. Surrounding properties are developed with both residential uses and commercial uses. Commercial uses include retail, veterinary/boarding, other restaurants, and hotels to the east. The proposed establishment is compatible with the existing and permitted uses in the area. 2. The Project will continue to use the site as a restaurant, which is the historic land use of the site. 3. The design of the restaurant building should help minimize the potential for disturbance to neighboring residential properties. The restaurant orients toward West Coast Highway with doors opening toward the intersection of West Coast Highway and Orange Street. There are a limited numbers of doors along the side of the building facing the residence on Orange Street. The outdoor dining area is along the West Coast Highway side of the property, the furthest away from the residences as possible. 4. Given the proximity of the site to residential uses, conditions of approval have been incorporated into the resolution to minimize disturbances to the occupants. These conditions include but are not limited to Condition of Approval No. 27, which requires all doors and windows to be closed during the two nightly performances and Condition of Approval No. 22 which probits deliveries and trash pick-up between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays. 5. Fact 7 in support of Finding C incorporated by reference. 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 has been reviewed by relevant City departments including the Building Division, Public Works Department, Fire/Life Safety Services, and Police Department. All comments have been incorporated into the resolution as Conditions of Approval. 2. Although no parking is provided on-site, the project is located on West Coast Highway, a commercial corridor through West Newport. The corridor has heavy vehicular and pedestrian activity. On-street parking is provided along West Coast Highway and Orange Street with multiple municipal parking lots on Seashore Drive. In addition, the restaurant benefits from high visitor foot traffic, nearby hotels, and close proximity to the Newport Shores and West Newport communities. Zoning Administrator Resolution No. ZA2023-018 Page 8 of 14 10-18-21 3. Fact 2 in support of Finding D incorporated by reference. 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. Fact 1 and 2 in support of Finding E are incorporated by reference. 2. 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. 3. Conditions of Approval Nos. 6 and 7 have been carried over from UP2016-047 to ensure that the same considerations that allowed for the past restaurant to operate harmoniously with the surrounding land uses are continued. 4. The Applicant is required to obtain Health Department approval prior to opening for business and comply with the California Building Code to ensure the safety and welfare of customers and employees in the establishment. 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 the Minor Use Permit (PA2022-0208), 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 NBMC. Zoning Administrator Resolution No. ZA2023-018 Page 9 of 14 10-18-21 4. This resolution supersedes Minor Use Permit No. UP2016-047 (PA2016-191), which upon vesting of the rights authorized by this minor use permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF MARCH, 2023. Zoning Administrator Resolution No. ZA2023-018 Page 10 of 14 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plans 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 MUP. 4. The interior net public area shall not exceed 953 square feet and the exterior net public area shall not exceed 419 square feet. 5. The hours of operation for the establishment shall be limited to between the hours of 11:00 a.m. and 10:00 p.m., daily. 6. The use of amplified music within the outdoor dining area is prohibited. 7. Bicycle parking shall be provided on-site and shall be positioned to ensure that the bicycle rack and bicycles do not encroach into the public right-of-way. 8. Employees of the restaurant shall not use the alley or the northerly side setback area as a break area or smoking area. 9. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the NBMC. 10. This MUP shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the NBMC, unless an extension is otherwise granted. 11. This MUP may be modified or revoked by Zoning Administrator if 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. Zoning Administrator Resolution No. ZA2023-018 Page 11 of 14 10-18-21 12. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and potential amendment of this MUP. 13. 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. 14. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 15. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. 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 16. 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. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. 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. 19. 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. 20. 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. ZA2023-018 Page 12 of 14 10-18-21 21. 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). 22. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 23. 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. 24. 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 NBMC to require such permits. 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 Casablanca The Restaurant including, but not limited to Minor Use Permit PA2022-0208. 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. Fire Department 26. No open flames permitted in connection with the live entertainment. Water Quality and Code Enforcement Division 27. All windows and doors, with the exception of required ingress and egress, shall be closed while the entertainment is performed. Zoning Administrator Resolution No. ZA2023-018 Page 13 of 14 10-18-21 Police Department 28. The applicant shall apply for and obtain an Operator License pursuant to NBMC 5.25.010. 29. The ABC License shall be limited to a Type41 (On-Sale Beer and Wine – Eating Place). Any substantial change to the ABC license type shall require subsequent review and potential amendment of the MUP. 30. The Applicant shall comply with all federal, state, and local laws, and all conditions of the ABC License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the MUP. 31. 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. The certified program must meet the standards of the State of California. This training must be updated every three years regardless of certificate expiration date. Records of each owner’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. 32. 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. 33. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the licensee. 34. Live entertainment in the form of dance performances will be permitted between the hours of 7 p.m. and 9 p.m., daily. The performances shall be limited to two performances per night, each lasting approximately 15 minutes in length, and are permitted only within the interior dining area. Live music is not permitted. 35. The applicant shall obtain a Live Entertainment Permit issued by the City of Newport Beach. 36. Dancing by patrons, as defined in NBMC 5.32.010, is not permitted. 37. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 38. There shall be no reduced-price alcoholic beverage promotion after 9 p.m. 39. Food service from the regular menu shall be made available to patrons until closing. Zoning Administrator Resolution No. ZA2023-018 Page 14 of 14 10-18-21 40. 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. 41. Any event or activity staged by an outside promoter or entity where the applicant, operator, owner of his employees or representatives share in any profits or pay any percentage of 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. 42. “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 or the sale of drinks is prohibited (excluding charges for prix fixe meals). 43. Strict adherence to maximum occupancy limits is required. 44. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 45. 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. 46. The Applicant shall maintain a security recording system with a 30-day retention and make those recordings available to the Police Department upon request.