HomeMy WebLinkAboutExhibit 24Exhibit No. 24
IP",
20.89.060 Expiration, Violation, Discontinuance, and Revocation. Page 1 of 1
Title 20 PLANNING AND ZONING'
Chapter 20.89 ALCOHOLIC BEVERAGE OUTLETS
20.89.060 Expiration, Violation, Discontinuance, and Revocation.
A. Expiration. Any use permit for an alcoholic beverage outlet granted in accordance with the terms of
this chapter shall expire within twelve (12) months from the date of approval unless a license has been
issued or transferred by the California State Department of Alcoholic Beverage Control prior to the
expiration date.
B. Time Extension. The Planning Commission, or the Planning Director, as the case may be, may grant
a time extension for a use permit for an alcoholic beverage outlet for a period or periods not to exceed
twelve (12) months. An application for a time extension shall be made in writing to the Planning Director
no less than thirty (30) days or more than ninety (90) days prior to the expiration date.
C. Violation of Terms. The Planning Commission, or the Planning Director, as the case may be, may
revoke a use permit for an alcoholic beverage outlet upon making one or more of the following findings:
1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation;
2. That the terms or conditions of approval of the permit have been violated or that other laws or
regulations have been violated;
3. The establishment for which the permit was issued is being operated in an illegal or disorderly
manner;
4. Noise from the establishment for which the permit was issued violates the Community Noise Control
Ordinance (Chapter 10.26 of the Municipal Code);
5. The business or establishment for which the permit was issued has had or is having an adverse
impact on the health, safety or welfare of the neighborhood or the general public;
6. There is a violation of or failure to maintain a valid ABC license;
7. The business or establishment fails to fully comply with all the rules, regulations and orders of the
California State Department of Alcoholic Beverage Control.
D. Discontinuance. A use permit for an alcoholic beverage outlet shall lapse if the use is discontinued for
ninety (90) consecutive days or if the ABC license for the establishment has been revoked or transferred
to a different location.
E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96, Enforcement. (Ord.
98 -12 § 1(Exh. A) (part), 1998)
<< rp eyious. I next >>
http:/ /municipal codes. lexisnexis. com / codes /newportb /_ DATA /TITLE20 /Chapter_20_89_ALCO... 01/08/2008
20.96.040 Revocation of Discretionary Permits. Page 1 of 1
Title 20 PLANNING AND ZONING"
_Chapter 20.96 ENFORCEMENT
20.96.040 Revocation of Discretionary Permits.
A. Duties of the Planning Director. Upon the determination by the Planning Director that there are
reasonable grounds for revocation of a use permit, variance, site plan review, modification permit, or
other discretionary approval authorized by this code, a revocation hearing shall be set by the Planning
Director, the Modification Committee, the Planning Commission, or the City. Council, whichever took final
previous action on the permit, except for appeals.
B. Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to
consider approval. If no notice is required for the permit, none shall be required for the revocation
hearing; provided, that notice shall be mailed to the applicant at least ten days prior to the hearing.
C. Contents of Notice. The notice of public hearing shall contain:
1. A description of the location of the project site and the purpose of the hearing;
2. A statement of the time, place, and purpose of the public hearing;
3. A statement that any interested person or authorized agent may appear and be heard.
D. Hearing. The person or body conducting the hearing shall hear testimony of City staff and the
applicant, if present. At a public hearing, the testimony of any other interested person shall also be
heard. A public hearing may be continued without additional notice.
E. Required Findings. The person or body conducting the hearing shall revoke the permit upon making
one or more of the following findings:
1. That the permit was issued on the basis of erroneous or misleading information or misrepresentation;
2. That the terms or conditions of approval of the permit have been violated or that other laws or
regulations have been violated;
3. That there has been a discontinuance of the exercise or the entitlement granted by the permit for one
hundred eighty (180) consecutive days.
F. Decision and Notice. Within ten days of the conclusion of the hearing, the person or body that
conducted the hearing shall render a decision, and shall mail notice of the decision to the applicant.
G. Effective Date. The decision to revoke a discretionary permit shall become final ten days after the
date of decision, unless appealed.
H. Rights of Appeal. Appeals shall be as prescribed by Chapter 20.95, Appeals. (Ord. 2004 -18 (part),
2004; Ord. 98 -21 § 1 (part), 1998; Ord. 97 -09 Exh. A (part), 1997)
«.previous I next >>
li)%
http://municipalcodes.lexisnexis.com/codes/newportb/ DATA/TITLE20/Chapter�_20_96—ENFO... 01/08/2008
January 4, 2008 Delivered by Hand and mailed 01/04/08
Mr. David Lepo
Planning Department PL4N1lJjD �Y
City of Newport Beach ppp
3300 Newport Blvd.MT
Newport Beach, CA 92663 JAN d 7 Iod9
Dear Mr. David Lepo: C'r J
We are the owners of property 3400 Via Lido Newport Beach, Ca 92663. On January ,
2008 at 1:53 pm, I received an email notice from Arthur Stockton, tenant occupying 3400 �I ftpov
Lido, that he had received a letter from the City of Newport Beach notifying him of a hearing
before the Planning Commission on January 17, 2008 regarding the Use Permit for the property
and possible revoking of the Use Permit.
We are in the process of evicting the tenant, "Sejour LLC" and the attorney handling this
matter is Dennis P. Block.
As of this moment, we have not received any notification, by telephone or by written
correspondence from the City of Newport Beach regarding this hearing and the circumstances
leading to this result. To our knowledge, only our tenant was notified in writing on or about
December 24, 2008 by mail. As of today, the tenant has not provided us a copy of the letter or the
actual content of the letter.
We also contacted our attorney, Mr. Michael Cho and he instructed us to prepare a letter to
the Planning Department City of Newport Beach and respectfully request a thirty -day extension of
the hearine so we may obtain all pertinent documentation and correspondence regarding this
matter.
We appreciate and understand the importance of this matter to the City of Newport Beach
and the Planning Department and we will act swiftly to remedy any inappropriate actions with
regard to the Use Permit for 3400 Via Lido Newport Beach property.
Please contact us at the address and telephone numbers provided.
Sin rel /� "A
Denn s and Christine Overstreet
200 Via San Remo
Newport Beach, CA 92663
(949)673 -3953 or
cell 949- 378 -7271
email: christineoverstreet@mac.com
cc: Mr. Michael Cho, Attorney,
Bernard & Associates 949 -263 -1511
all