HomeMy WebLinkAboutExhibit 20Exhibit No. 20
01
NEWPORT BEACH
PLANNING DEPARTMENT
December 12, 2007
Mr. Arthur Stockton
Mrs. Carolyn Stockton
Sejour, LLC
3400 Via Lido
350 Buena Vista
Newport Beach, CA 92663
Re: Compliance with Use Permit 2001 -005
3400 Via Lido (Sejour)
Dear Mr. and Mrs. Stockton:
I am in receipt of your e-mail directed to Patrick Alford on December 12, 2007, wherein_
you indicated you are selling the business Sejour and anticipate close of this sale to
occur by December 31, 2007. You also indicated that your operation of Sejour has
been in substantial compliance with the Use Permit. Based on the information and
documents I have reviewed, I have determined that your operation of Sejour is not in
substantial compliance with the terms of the Use Permit.
You claim that you are operating in substantial compliance with the terms of the Use
Permit; however, you have been put on notice on several occasions that you are not
operating in conformance with the conditions of the Use Permit. Specifically, on May
1, 2007, you received an administrative citation for violating the terms of the Use
Permit. On May 4, 2007, 1 notified you that it appeared that you were not complying
with the terms of the Use Permit and requested that you provide the Planning
Department with records regarding gross alcohol sales (which records have still not
been provided in violation of the terms of the Use Permit).
In addition, in your correspondence dated May 10, 2007, you admitted that you were
not operating in conformance with the Use Permit and requested relief from the
conditions imposed by the Use Permit. On May 14, 2007, Patrick Alford informed you
that your operation was not in conformance with the Use Permit and that approval of a
restaurant, bar, lounge or similar use on a temporary basis was inappropriate. In that
correspondence, Mr. Alford informed you that if you wished to operate Sejour in its
current manner, you would need to amend the Use Permit. To date, you have failed to
take any action to amend the Use Permit but have continued to violate the provisions
of the Use Permit.
3300 Newport Boulevard • Post OCQce Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3200 • Fax: (949) 644 -3229 • www.city.newport- beach.ca.us �bol
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Sejour, LLC
Page 2 of 2
December 12, 2007
Specifically, you have continued to violate the terms of the Use Permit by, among
other things:
• Exceeding the building's maximum occupancy by having in excess of 140
people on multiple occasions which is a direct violation of Use Permit
Conditions 3, 10, 13, 14 and 18;
• Exceeding the number of permitted seats in Suite A -1 in violation of Condition
14;
• Exceeding permitted occupancy beyond 29 patrons and 6 employees without a
Special Events Permit, in violation of Condition 18;
• Remaining open and continuing to sell and serve alcoholic beverages past
12:00 midnight on Friday and /or Saturdays in direct violation of Conditions 3
and 15 as well as Condition No. 1 of Sejour's Department of Alcoholic Beverage
Control License;
• Operating as a bar, cocktail lounge or nightclub in violation of Conditions 3 and
13;
• Setting aside a dance floor area and allowing dancing in violation of Condition 3
and 16;
• Not closing all doors while live entertainment is occurring generating excessive
noise in violation of Conditionsl6 and 33;
• Not operating as a Retail Establishment for the sale of general alcoholic
beverages for off -site consumption as the primary and principal use, in
violation of Condition 10; and
• Not providing the City with the Gross Receipt information requested on May 4
and November 13, 2007 in violation of Condition 12.
Given the significant violations of the Use Permit and your failure to have the Use
Permit amended to allow the current use of Sejour, the Planning Department has no
choice but to send this matter to the Planning Commission so that the Planning
Commission can consider initiation of proceedings to revoke the Use Permit. The
Planning Department plans to schedule this hearing for January 17, 2008.
Please do not hesitate to contact me If you have any questions.
Sincerely,
David Lepo
Planning Director
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cc: Planning Commission
Aaron C. Harp, Assistant City Attorney
Police Chief John Klein
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