95-158 RESOLUTION NO. 95R-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL OF CONDITIONAL USE
PERMIT NO. 3421 AND AMENDING RESOLUTION
NO. PC91-89 AS HERETOFORE AMENDED BY
RESOLUTION NO. PC92-75.
WHEREAS, the City Council of the City of Anaheim
heretofore adopted Resolution No. PC91-89 approving Conditional Use
Permit No. 3421, subject to certain conditions specified therein;
and
WHEREAS, the conditions of approval of said Conditional
Use Permit were heretofore amended by the Planning Commission,
following a duly noticed public hearing by the adoption of
Resolution No. PC92-75; and
WHEREAS, the permittee has now requested a further
amendment to certain of said conditions of approval; and
WHEREAS, the City Council held a duly noticed public
hearing on August 22, 1995, 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. 3421 be, and the same are hereby,
amended by the amendment of Condition No. 6 thereof to read as
follows:
"6. That the subject use permit shall expire on
August 22, 1998."
BE IT FURTHER RESOLVED that the conditions of approval of
said Conditional Use Permit be, and the same are hereby, amended by
the addition of additional Conditions No. 11 through 28, inclusive,
to read as follows:
"11. That food service with an available meals shall be
available from opening time until 10:00 p.m. or closing
time, whichever occurs first, on each day of operation.
12. That the premises shall be maintained as a bona fide
restaurant and shall provide a menu containing an
assortment of foods normally offered in such restaurants.
13. That subject alcoholic beverage license shall not be
exchanged for a "public premises" type license nor
operated as a public premises.
14. That the door(s) shall be kept closed at all times during
the operation of the premises, except in cases of
emergency and to permit deliveries.
15. That the quarterly gross sales of alcoholic beverages
shall not exceed the gross sales of food or other
commodities during the same period.
16. That entertainment provided in the premises shall not be
audible beyond the area under the control of the
licensee.
17. That the sale of alcoholic beverages for consumption off
the premises is prohibited.
18. That, at any time the premises is providing entertainment
and/or dancing, the petitioner(s) shall provide a
uniformed and licensed security guard in the parking lot
and shall maintain order therein and prevent any activity
which would interfere with the quiet enjoyment of their
property of nearby residents.
19. That there shall be no exterior advertising of any kind
or type, including advertising directed to the exterior
from the inside of the building, promoting or indicating
the availability of alcoholic beverages.
20. That no alcoholic beverages shall be consumed on any
property adjacent to the licensed premises and under the
control of the licensee.
21. That the parking lot of the premises shall be equipped
with lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all
persons on or about the parking lot.
22. That the lighting in the parking area of the premises
shall be directed, positioned and shielded in such a
manner so as not to unreasonably illuminate the window
area of nearby residences.
23. That the petitioner(s) shall be responsible for
maintaining a litter free area adjacent to the premises
over which he has control.
24. That there shall be no pool tables or coin-operated games
maintained upon the premises at any time.
25. That the petitioner(s) shall not employ or permit any
persons to solicit or encourage others, directly or
indirectly, to buy them drinks in the licensed premises
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under any commission, percentage, salary or other profit-
sharing plan, scheme or conspiracy.
26. That the number of persons on the premises shall not
exceed the maximum occupancy load as determined by the
Anaheim Fire Department. Signs specifying the maximum
occupancy shall be prominently displayed inside the
premises.
27. That all entertainers and employees shall be clothed in
such a way so as to not expose "specified anatomical
areas" as described in Anaheim Municipal Code Section
7.16.060.
28. That the parking lot shall be chained, locked and emptied
by 2:10 a.m. on each day of operation."
BE IT FURTHER RESOLVED that, except as expressly amended
herein, Resolution No. PC91-89, as amended by Resolution No. PC92-
75, shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 22nd day of August, 1995.
ATTEST:/ ..
CITY CLERK OF THE CITY OF ANAHEIM
13433.1\JWHITE\August 23, 1~5 -- 3 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 95R-158 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 22nd day of August, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-158 on
the 22nd day of August, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 22nd day of August, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-158 was duly passed and adopted by the City Council of the City of Anaheim on
August 22rid, 1995.
CITY CLERK OF THE CITY OF ANAHEIM