75B - VARIANCE NO 2004-09 - 215 NORTH BROADWAY

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Modification to Variance No. 2004-09 December 14, 2009 Page 5 allowance to have the rear door open could create land use incompatibilities by allowing noise from the interior to escape and raise the noise level on the exterior. In addition, modification of this condition would allow Proof to effectively create an outdoor dining area not associated with a food service establishment, which is in violation of SAMC 33-170. Staff recommends that the Planning Commission confirm the action of the Zoning Administrator regarding the retention of this condition. The sale of draft beer is prohibited. The sale or service of beer on tap (or draught beer) is prohibited. This condition was originally crafted based on the previous applicant's business plan to not include beer sales but rather a "martini bar." Amendments to these conditions are recommended for approval with a revised condition to not allow the sale of pitchers of beer. Therefore the revised condition will read, "The sales of beer and malt beverages in pitchers or containers more than 16 ounces in size are prohibited." No distilled spirits shall be sold by the bottle. There appears to be a new trend in establishments selling alcohol to allow customers to order and have delivered an entire bottle of premium liquor to a table. For example, a customer would order their favorite bottle of vodka, have it delivered to their table and would serve and consume the alcohol at their leisure, without the assistance or supervision of the waiter or waitress staff. There is strong concern with this form of consumption due to the lack of monitoring by the operator or staff. Additionally, this concern would be exacerbated if outdoor and basement areas were allowed. The potential for unsupervised consumption could occur potentially resulting in excessive alcohol consumption due to the lack of waiter staff oversight. At the February 20, 2008 hearing the Zoning Administrator recommended approval of the request with modifications to the conditions. Staff is recommending a condition that a pouring device used to control portions must be attached to any champagne or distilled spirits when sold by the bottle and the submittal of an operation plan outlining the method by which the operator will train its staff and program the operation to ensure the conditions are followed. 75B-7