07-17-1972 - Laserfiche WebLink

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APPEAL #307 - (Continued) Councilman Patterson informed Mr. Pamplin that if he wished to repair the front of the building without adding onto it, only a building permit would be required; that a variance would not be necessary~ and therefore, no conditions would be imposed. RECESS At 9:35 P.M. a recess was declared. The meeting reconvened at 9:50 P.M. with all Councilmen present. APPLICATION FOR The Mayor opened the public hearing PEEP SHOW ESTABLISHMENT to consider the applicant's appeal from the Hearing Officer's denial of the applications filed by Pleasure Industries, Inc., for a Theater/Peep Show establishment at 213 North Harbor Boulevard° He stated that if there is additional evidence to be presented, it should be presented to the Hearing Officer in order to augment the presentation that has been made to the Council. Mr. Richard G. Hirsch, 8383 Wilshire Boulevard, Beverly Hills, Attorney for Pleasure Industries, Inc., stated that the Hearing Officer's report made extensive reference to the fact that the applicant did not present evidence as to his reputation or as to his good character or lack of good character; that he has been unable to find any provision in the Code requiring evidence of this type to be presented; that if this is the basis of denial of the application, they would present such evidence. The Council directed that the additional evidence should be presented to the Hearing Officer~ He made reference to the case of Perrine vs. the State of California. The City Attorney stated that in the Perrine case, a reversal of a denial of permit was granted by the Supreme Court on the basis of a Los Angeles County ordinance, which differs from the City's ordinance. Mr. Hirsch stated that the Findings of Fact indicate complete compliance with all building, health, safety, fire, and related ordinances; that the only basis for denial is conviction of one of the applicants for a violation of law, which ispresently on appeal; that ih'an ar;ea so vague, the type of evidence presented to the Hearing Officer is not sufficient to deny the licensing of the establishment; that if there is a criminal act committed on the premises, there are laws in the County and State to alleviate such problems. After further discussion, Councilman Evans' motion to deny the appeal and uphold the decision of the Hearing Officer to deny the applications for Theater/Peep Show establishment at 213 N. Harbor Boulevard, was seconded by Councilman Yamamoto, and carried on the following roll call vote: AYES: NOES: ABSENT: Evans, Yamamoto, Herrin, Griset, Markel Villa, Patterson None CITY COUNCIL MINUTES -293- JULY 17, 1972