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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."