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9. The hours of operation for the theater, restaurant and bar shall be as <br />• follows: Monday through Friday from 6:00 p.m. to 12:00 a.m. and on <br />Saturdays and Sundays from 10:00 a.m. to 12:00 a.m. <br />10. There shall be no live entertainment, except for that provided by the <br />theatrical performance, in the restaurant, bar area or theater. (Modified <br />by Planning Commission September 27, 2004). <br />11. The proposed theater or restaurant shall not operate as a nightclub or <br />indoor entertainment venue as defined by the Santa Ana Municipal Code <br />No. 41-142. <br />12. Conditional Use Permit No. 2004-19 shall be of no force and effect and <br />null and void for all purposes unless and until Variance No. 2004-08 is <br />approved. <br />13. The use of outside promoters, which includes third parties producing <br />permitted performances at the facility, shall be prohibited. Applicant shall <br />maintain control of the facility, including the parking lots, restaurant and <br />bar, at all times the facility is open to the public, and all contracts for <br />permitted uses at the facility shall be between applicant and the <br />performer(s). (Added by Planning Commission September 27, 2004). <br />B. Police Department <br />1. There shall be no fixed bar or lounge area upon the premises maintained <br />for the sole purpose of sales, service or consumption of alcoholic <br />beverages directly to patrons. <br />2. Full menus shall be available at the counter/bar and food service must be <br />made available during all operational hours. <br />3. At all times when the premises is open for business the sale of alcoholic <br />beverages shall be made only in conjunction with the sale of food to the <br />person ordering the food. <br />4. The sale of alcoholic beverages for consumption off the premises is strictly <br />prohibited. <br />5. There shall be no exterior advertising of any kind or type, including <br />advertising directed to the exterior from within, promoting or indicating the <br />availability of alcoholic beverages. <br />6. It shall be the applicant(s) responsibility to ensure that no alcoholic <br />beverages are consumed on any property adjacent to the licensed <br />• Exhibit A <br />Page 2 of 5 <br />