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PUBLIC HEARING The Mayor opened the public APPEAL #315 hearing on Appeal #315 filed JOSEPH N. TURNER by 3oseph N. Turner appeal- ing standard Planning requirements 7 and 8 of the Zoning Administrator's Report on Minor Exception 73-5, requiring that the business remain a bona fide eating establishment as defined by the Alcoholic Beverage Control and there be n? gaming .devices, such as pool tables, pinball machines, motion picture booth, st etc., at a restaurant to be constructed at 2527 South Main Street, and asked for a staff report. The Planning Director stated that neither the applicant, Cal Enterprises, nor the proposed lessee and appella~nt, Joseph N. Turner, had attended the Zoning Administrator's hearing, and that the Minor Exception had been granted with the usual standard conditions; that subsequent to the hearing, it was brought to the Zoning Administrator's attention that five or six pool tables were desired and that the establishment would not be a bona fide eating establishment as defined by the Alcoholic Beverage Control Law. Wilfred W. Steiner, Attorney for the appellant, 880 East Colorado Boulevard, Pasadena, spoke in favor of the appeal, stating that his client was not intending a topless or bottomless type of operation; that the restaurant would specialize in a line of excellent sandwiches at low prices; that his client had six existing establishments of that type in other areas that were good, clean, well-run establishments. In response to questions from Council, the appellant, Joseph N. Turner, stated that he was applying to ABC for a Public Premises license and that the difference between a bona fide restaurant and public premises as defined by ABC was that with a bona fide restaurant, the establishment is required to carry breakfast, lunch and dinner items; that his proposed establishment would carry only sandwiches as opposed to lunches and dinners; that griddle sandwiches were prepared from lh00 A.M. to 2:00 P.M.; but that sandwiches were available for z0 hours per day; that if the demand war~anted it, they would serve evening food from 5:00 to 8:00 P.M. three or four n. ights a week. Councilman Villa's motion to grant the appeal and instruct the City Attorney to prepare the appropriate resolution was seconded by Council- man Evans, and carried on the following roll call vote: AYES: NOES: ABSENT: Villa, Evans, Herrin, Patterson Griset, Yamamoto, Markel None Prior to voting, Councilman Yamamoto stated that he could not support the motion because it would allow a liquor establishment within 300 feet of a residential district. Mayor Griset stated that he would vote against the motion~for the same reason. Councilman Evans inquired as to what type of gaming devices were proposed at the restaurant, and the appellant responded that they intended to put in only coin operated cigarette machines and coin operated pool tables. CITY COUNCIL MINUTES 77 MARCH tZ, 1973