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HomeMy WebLinkAboutZA2023-074 - APPROVING A MINOR USE PERMIT TO UPGRADE A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TO A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ABC LICENSE FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENTRESOLUTION NO. ZA2023-074 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING A MINOR USE PERMIT TO UPGRADE A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TO A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ABC LICENSE FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 106 MAIN STREET (PA2023- 0112) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by David L. Nola, Esq. of Vice Legal, concerning property located at 106 Main Street, and legally described as Parcel 1 of Parcel Map 130-50 recorded in Book 4, Page 11, of Miscellaneous Maps (Property) requesting approval of a minor use permit. 2. The Applicant has requested a minor use permit to allow a food service, eating and drinking establishment to upgrade a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (ABC) license to a Type 47 (On-Sale General – Eating Place) ABC license. Additionally, a minor interior remodel is proposed that includes the addition of a bar top with seating on the first floor of the restaurant. There is no new floor area, change to net public area, or late hours (after 11:00 p.m.) proposed. If approved, this minor use permit will supersede existing Use Permit No. UP1865. (Project). 3. The Property is categorized as Mixed Use Vertical (MU-V) by the Land Use Element of the General Plan and is located within the Mixed Use Vertical (MU-V) with a Parking Management (PM) Overlay District designation. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Vertical (MU-V) and is located within the Mixed-Use Vertical (MU-V) Coastal Zoning District with a Parking Management (PM) Overlay District designation. As the Project does not add new floor area or increase parking demand, the Project is not an intensification of use and does not require a coastal development permit. 5. A public hearing was held on December 14, 2023, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. (Ralph M. Brown Act) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. Zoning Administrator Resolution No. ZA2023-074 Page 2 of 13 01-17-23 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (CEQA) under 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. Class 1 consists of 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 involves additional menu offerings and alterations to the interior floor plan of an existing restaurant space with no expansion in floor area. There is no intensification in use. 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 in an area the Newport Beach Police Department (NBPD) designates as Reporting District (RD) 12. RD 12 is located on the Balboa Peninsula and stretches from the intersection of 7th Street and West Balboa Boulevard to the intersection of B Street and East Balboa Boulevard. The RD is abutted to the north by the harbor and to the south by the Pacific Ocean. Surrounding RD’s include RD 22 to the north, RD 11 to the east, and RD 13 to the west with RD 15 beyond. RD 12 is a mix of both residential and nonresidential uses. 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 are the eight most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, Zoning Administrator Resolution No. ZA2023-074 Page 3 of 13 01-17-23 rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. The RD 12 Part One Crime count for 2022 is 136, which is 35% above the citywide average of 101 crimes per RD. c) The NBPD has reviewed the Project and has no objection to the new Type 47 ABC license, subject to appropriate conditions of approval which have 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 undergo and complete a certified training program in responsible methods and skills for selling alcoholic beverages, a prohibition on the restaurant from operating as a bar, tavern, cocktail lounge or nightclub, a prohibition on reduced price alcohol promotions, 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 2022, RD 12 had a higher percentage of alcohol-related crimes than neighboring RD 11 but had a lower percentage of alcohol related crime than both neighboring RD 13 and RD 15. The higher number of alcohol-related crimes in the subject RD compared to RD 11 is expected given that RD 11 is almost exclusively residential. RD 12, RD 13, and RD 15 include many restaurants and some bars. RD 13 and RD 15 had alcohol-related crimes 281% higher and 805% higher, respectively, than the Citywide average. In comparison, RD 12 does not exhibit a higher number of alcohol related calls for services, crimes, or arrests than two of the three adjacent RDs. b. RD 12 had 2,753 dispatch events in 2022 which is higher than 1,227 dispatch events of RD 11 but lower than the 4,674 dispatch events of RD 13 and the 8,707 dispatch events of RD 15. 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 surrounding area is developed with a variety of uses. The Project site is approximately 100 feet away from both Peninsula Park and the Balboa Pier. The nearest residential zoning district is immediately adjacent to the Project site, to the rear. The nearest school, Newport Elementary, is over 6,000 feet to the west and the nearest place of worship, Christ Church by the Sea, is also over 6,000 feet away to the west. The Balboa Fun Zone, where minors are present, is located approximately 300 feet to the northwest. While minors will be present within the vicinity of the Project, the Project does not have late hours or feature live entertainment to otherwise attract minors. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. Zoning Administrator Resolution No. ZA2023-074 Page 4 of 13 01-17-23 a. There are several active On-Sale ABC Licenses within the general vicinity of the subject Property with the largest concentration at the Balboa Pier area. Most of the On-Sale Licenses are for either restaurants including Type 41 (On-Sale Beer and Wine - Eating Place) and Type 47(On-Sale General - Eating Place) or charter boats with a Type 54 – (On-Sale General Boat) License. Notable restaurants with ABC Licenses include Ruby’s Diner, Cabo Cantina, Cruisers, and Great Mex Grill. There are two active Type 48 (On Sale General - Public Premises) ABC Licenses within the general vicinity (Balboa Saloon and Class of 47) and one active Type 02 (Winegrower) ABC License that allows for onsite wine tasting (Balboa Wines). b. There are five active Off-Sale Licenses within the general vicinity of the subject Property: License Type Address Distance from Subject Property Type 20 (Off-Sale Beer and Wine) 814 Bay Ave 867 feet Type 20 (Off-Sale Beer and Wine) 406 S Bay Front 1,540 feet Type 21 (Off-Sale General) 510 E Balboa Boulevard 175 feet Type 20 (Off-Sale Beer and Wine) 508 W Balboa Boulevard 1,800 feet Type 21 (Off-Sale General) 500 S Bay Front 1,520 feet c. While this location meets the Business and Professions code section §23958.4 criteria for undue concentration pertaining to ABC licenses, the Project’s proximity to other establishments selling alcohol do not raise concern due to the operational characteristics of the proposed Project. The restaurant does not have late hours of operation, is prohibited as operating as a bar or tavern, and is prohibited from offering games or contests involving the consumption of alcoholic beverages. If it is determined that the operation of the restaurant is to the detriment of the public health, welfare, or injurious to Property, Condition of Approval No. 7 allows the Zoning Administrator to modify or revoke the MUP. vi. Whether or not the proposed amendment will resolve any current objectionable conditions. a. There were three police dispatch events in 2022 to the 106 Main Street vicinity. The subject Property had three dispatch events in 2022 and one arrest. The arrest was not alcohol related and the subject Property received no alcohol citations. b. There are no objectionable conditions presently occurring at the Property. 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: Zoning Administrator Resolution No. ZA2023-074 Page 5 of 13 01-17-23 Finding B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The subject Property is located within the Balboa Village area of the Balboa Peninsula. Balboa Village is the historic center for recreational and social activities on the Peninsula. 2. The Land Use Element of the General Plan categorizes the Project site as Mixed Use Vertical (MU-V). The MU-V designation is intended to provide areas for the development of properties with mixed-use structures that vertically integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses. While there are no residential units within the existing building, standalone nonresidential buildings are - permitted by the MU-V land use designation. 3. General Plan Land Use Policy LU 5.3.5 (Pedestrian-Oriented Architecture and Streetscapes) encourages designs to define the public realm, activate sidewalks and pedestrian paths, and provide “eyes on the street”. The existing building abuts the public sidewalk on Main Street with no setback. The exterior of the front façade will be repainted and refreshed which will enhance the building. This improvement should improve the pedestrian experience along the public sidewalk which leads to the Balboa Pier. 4. General Plan Land Use Policy LU 6.8.7 (Property Improvement) encourages the City provide incentives and work with Property owners to improve their properties as well as to achieve the community’s vision for the Balboa Peninsula. The proposed Project will revitalize a currently vacant restaurant space in a busy visitor-serving area within Balboa Village. The Project will also improve the building by providing required disabled access upgrades. 5. The subject Property is not a 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 subject Property is zoned Mixed Use Vertical (MU-V). Pursuant to Table 2-8 of Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of the NBMC, restaurants with alcohol service are allowed in the MU-V District subject to the approval of an MUP. Table 21.22-1 of NBMC Section 21.22.020 (Mixed-Use Coastal Zoning Districts Land Uses and Permit Requirements) also indicates that restaurants with alcohol service are allowed. Zoning Administrator Resolution No. ZA2023-074 Page 6 of 13 01-17-23 2. The subject Property provides no on-site parking. As the Project only adds additional menu options and does not add additional floor area nor does it intensify the use, no additional parking is required. The nearest municipal parking lot for restaurant patrons is located 200 feet to the south, at the Balboa Municipal Lot. 3. The subject Property is located within the Balboa Village Parking Management (PM) Overlay District. This overlay allows for a variety of nonresidential uses, including restaurants, to operate without providing onsite parking. The overlay requires that properties maintain off-street parking however the project site provides no off-street parking. 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 Project site operated as a pizza restaurant, beginning in 1976 with the approval of UP1865, before closing in 2019. The Project is a new pizza restaurant with additional alcoholic beverage options, which is compatible with the surrounding commercial uses. 2. The surrounding vicinity is characterized by residential, commercial, and visitor-serving uses. The Oceanfront Boardwalk, Balboa Pier, and the Balboa Municipal Lot are located within proximity of the Project site. The neighborhood sees considerable visitor traffic by vehicle, by bicycle, and on foot and is very busy and vibrant. The restaurant will likely serve residents and visitors already within the area and is not anticipated to generate significant additional traffic or congestion. 3. The Project does not include late hours which may otherwise be disruptive to the residential Property to the rear. Condition of Approval No. 4 limits the hours of operation from 11 a.m. to 10 p.m. Sunday through Thursday and 11 a.m. to 11 p.m., Friday and Saturday. Any change to open the restaurant earlier or close later will require subsequent review by the Planning Division and may require an amendment to the minor use permit. 4. Condition of Approval No. 20 prohibits deliveries and refuse collection for the facility 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. This limitation should help minimize disturbance to the surrounding residential uses. 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. Zoning Administrator Resolution No. ZA2023-074 Page 7 of 13 01-17-23 Facts in Support of Finding 1. The Property is improved with an existing two-story commercial building within a developed neighborhood and has been adequately served by existing emergency services and utilities. Access to the subject Property is provided by Main Street, from the alley on the northern side of the Property, and the Oceanfront Boardwalk. 2. A trash area is provided on-site, behind the building. Condition of Approval No. 5 requires that the trash area be upgraded to the minimum standards provided in 20.30.120 (Solid Waste and Recyclable Materials Storage). 3. The proposed Project was reviewed by relevant City departments including the Building Division, Public Works Department, Fire/Life Safety Services and the NPBD. Comments have been incorporated into the Project through design and conditions of approval. Project 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. The tenant space has sat empty since before the COVID-19 pandemic. The proposed Project will help revitalize the 100 block of Main Street with tenant improvements to the space and the establishment of a new restaurant to serve visitors and residents in the surrounding area. 2. The exterior of the property was recently damaged by a structure fire at 104 Main Street. The exterior of the building will be repainted which will enhance the experience of visitors to the area. 3. Although there are residential units to the rear of the Property, the restaurant is oriented toward Main Street, which provides direct access to the space for patrons. The proposed use is not anticipated to be detrimental, especially with the Conditions of Approval included in Exhibit “A” which appropriately restrict the operational characteristics. 4. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the store. 5. The Project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible and no impacts to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood are expected. Zoning Administrator Resolution No. ZA2023-074 Page 8 of 13 01-17-23 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 (PA2023-0112), 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. 4. This Resolution supersedes Use Permit No. UP1865. Upon vesting of the rights authorized by this use permit, UP1865 shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 14TH DAY OF DECEMBER, 2023. Zoning Administrator Resolution No. ZA2023-074 Page 9 of 13 01-17-23 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, 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. A material violation of any of those laws in connection with the use may be caused the revocation of this minor use permit. 4. The hours of operation shall be limited to 11 a.m. to 10 p.m. Sunday through Thursday and 11 a.m. to 11 p.m., Friday and Saturday. 5. The existing trash storage area shall be upgraded to comply with the minimum standards provided in 20.30.120 (Solid Waste and Recyclable Materials Storage). 6. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 7. This minor use permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to Property or improvements in the vicinity or if the Property is operated or maintained to constitute a public nuisance. 8. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require subsequent review by the Planning Division and may require an amendment to this minor use permit or the processing of a new minor use permit. 9. Prior to the issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 10. Prior to the issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the minor 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 Zoning Administrator Resolution No. ZA2023-074 Page 10 of 13 01-17-23 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. 11. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, 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. 12. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 13. All 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 periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM 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. 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 leasing agent. 15. 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, or Holidays. 16. No outside paging system shall be utilized in conjunction with this establishment. 17. 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. 18. The exterior of the business shall be always maintained free of litter and graffiti. 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. ZA2023-074 Page 11 of 13 01-17-23 19. 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). 20. 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 minor use permit. 21. Storage outside of the building in the front or at the rear of the Property shall be prohibited, except for the required trash container enclosure. 22. A Special Events Permit is required for any event or promotional activity outside the normal operating 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. 23. 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. 24. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Social Pies Restaurant including, but not limited to, a minor use permit (PA2023-0112). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Zoning Administrator Resolution No. ZA2023-074 Page 12 of 13 01-17-23 Fire Department 25. A-2 Occupancies with occupants on the second floor shall require fire sprinklers. Building Division 26. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required before the issuance of a building permit. Police Department 27. The ABC License shall be limited to a Type 47 (On-Sale General – Eating Place). Any substantial change to the ABC license type shall require subsequent review and potential amendment of the minor use permit. 28. The Applicant shall abide by all requirements and 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 minor use permit. 29. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire. The certified program must meet the standards of the State of California. 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. 30. The restaurant shall not operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 31. 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. 32. No alcoholic beverages shall be consumed on any Property adjacent to the licensed premises under control of the licensee. 33. Live entertainment shall be prohibited. 34. Dancing by patrons, as defined in Section 5.32.010 of the NBMC, shall be prohibited. 35. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. Zoning Administrator Resolution No. ZA2023-074 Page 13 of 13 01-17-23 36. Reduced price alcoholic beverage promotions after 9:00 p.m. shall be prohibited. 37. Food service from the regular menu shall be made available to patrons until closing. 38. 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. 39. 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 shall be prohibited. 40. "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 shall be prohibited (excluding charges for prix fixe meals). 41. Strict adherence to maximum occupancy limits is required. 42. 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.