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Modification to Variance No. 2004-09 <br /> December 14, 2009 <br /> Page 5 <br /> allowance to have the rear door open could create land use <br /> incompatibilities by allowing noise from the interior to escape and raise <br /> the noise level on the exterior. In addition, modification of this <br /> condition would allow Proof to effectively create an outdoor dining area <br /> not associated with a food service establishment, which is in violation of <br /> SAMC 33-170. Staff recommends that the Planning Commission confirm the <br /> action of the Zoning Administrator regarding the retention of this <br /> condition. <br /> The sale of draft beer is prohibited. The sale or service of beer on <br /> tap (or draught beer) is prohibited. <br /> This condition was originally crafted based on the previous applicant's <br /> business plan to not include beer sales but rather a "martini bar." <br /> <br /> Amendments to these conditions are recommended for approval with a <br /> revised condition to not allow the sale of pitchers of beer. Therefore <br /> the revised condition will read, "The sales of beer and malt beverages <br /> in pitchers or containers more than 16 ounces in size are prohibited." <br /> No distilled spirits shall be sold by the bottle. <br /> There appears to be a new trend in establishments selling alcohol to <br /> allow customers to order and have delivered an entire bottle of premium <br /> liquor to a table. For example, a customer would order their favorite <br /> bottle of vodka, have it delivered to their table and would serve and <br /> consume the alcohol at their leisure, without the assistance or <br /> supervision of the waiter or waitress staff. There is strong concern <br /> with this form of consumption due to the lack of monitoring by the <br /> operator or staff. Additionally, this concern would be exacerbated if <br /> outdoor and basement areas were allowed. The potential for unsupervised <br /> consumption could occur potentially resulting in excessive alcohol <br /> consumption due to the lack of waiter staff oversight. At the February <br /> 20, 2008 hearing the Zoning Administrator recommended approval of the <br /> request with modifications to the conditions. Staff is recommending a <br /> condition that a pouring device used to control portions must be <br /> attached to any champagne or distilled spirits when sold by the bottle <br /> and the submittal of an operation plan outlining the method by which the <br /> operator will train its staff and program the operation to ensure the <br /> conditions are followed. <br /> 31 B-6 <br /> <br />