03-19-1973 - Laserfiche WebLink

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The City IV~anager referred to the report of the Police Chief dated February 28, 1973, and stated that the dance permit had been denied for two reasons: (1) That the building failed to meet the statutory requirements relative to the size of the dance floor, and (2) That the operation was not a bona fide eating place as defined by the Business and Professions Code. The City Attorney stated that in addition there was a requirement that the establishment seat 35 people and that they have at least two live musicians present to furnish the music for dancing; that apart from Council's consideration, the Alcoholic Beverage Control Board would still require that there be a bona fide eating place. The Clerk reported no written communications had been received. Mr. John Conley, 12961 Greengrove Drive, Orange, the appellant, stated that they had come before Council the previous November with a Minor Exception appeal and had been granted permission to put in a cocktail lounge within 300 feet of a residential area; that they did not know at that time that they would not be able to get a dance permit; that their plans had showed a dance floor; that they would be willing to make the dance floor the required size and to subject the permit to any kind of restrictions desired by Council; that they were a first-class establishment and the dance floor would he for the benefit of customers and would never be used for any lewd or risque type of entertainment; that they intended to serve hors d'oeuvres during the course of the evening; that they also intended to have sandwiches brought in and that there would be an oven for customers' use in heating them. Councilman Yamamoto' s motion to uphold the action of the Police Chief in denying the dance permit was seconded by Councilman A4arkel, and carried on the following roll call vote: AYES: Yamamoto, l~4arkel, Herrin, Griset, Patterson NOES: Villa, Evans ABSENT: None Prior to voting, Councilman Yamamoto stated that the appellant had come before Council requesting one thing at a time with respect to the proposed establishment, and-~that Council should have been told about the dance floor when the~Minor Exception had been applied for. Councilman Patterson agreed, stating that it was the applicant's burden to inform Council of everything he intended to have at the time he applied for a/V~inor Exception. in response to an inquiry from Councilman Evans regarding potential police problems, the Police Chief stated that the denial had not been based upon any derogatory information; that the plans submitted showed the size of the dance floor to be approximately 70 square .feet and with revisions would be only Z10 square feet, and that in addition, the proposed establishment did not meet bona fide license criteria. Mayor Griset stated that he would be unable to support the appeal in view of the fact that the operation would not be a bona fide eating establishment. (CA 127) CITY COUNCIL MINUTES 93 MARCH 19, 1973