98-236 RESOLUTION NO. 98R-236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT
2973 AND AMENDING RESOLUTION NO. 97R-144.
WHEREAS, the City Council of the City of Anaheim heretofore
adopted Resolution NoJ 97R-144 approving Conditional Use Permit No.
2973, subject to certain conditions specified therein; and
WHEREAS, the permittee has now requested an amendment to
certain of said conditions of approval; and
WHEREAS, the City Council held a duly noticed public hearing
on October 20, 1998, at which hearing the City Council did receive and
consider evidence, both oral and documentary, relating to said request;
and
WHEREAS, the City Council hereby finds and determines that
the amendment of said conditions of approval in the manner hereinafter
set forth is reasonably necessary to protect the public peace, health,
safety or general welfare, or necessary to permit reasonable operation
under said Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval heretofore imposed in
Conditional Use Permit No. 97R-144 be, and the same are hereby, amended
by the amendment of Condition No. 32 as set forth in Resolution No.
97R-144 to read as follows:
"32. That approval for the off-premises sale of
beer and wine shall terminate on July 22,
1999, if the applicant has not purchased an
existing active and operating Alcoholic
Beverage Control license within the same
census tract prior to said date. The
purchase agreement shall effectively require
that the previous owner of the permit and
the owner of the property where the permit
was previously located refrain from applying
for a new license or for the transfer of an
existing license within the same reporting
district for a period of 90 days following
the effective date of the transfer of the
permit to the applicant. The purchase
agreement shall provide that the City of
Anaheim is a third party beneficiary for the
purpose of enforcing the application
restriction. A copy of the purchase
agreement shall be provided to the zoning
division. No sale of beer and/or wine for
off-premises consumption shall be permitted
on the property unless and until the
applicant has purchased an existing and
active ABC license within the same census
tract no later than July 22, 1999."