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Mr. Vince Fregoso, Associate Planner, provided a brief presentation and indicated that staff was requesting to begin revocation proceedings for the conditional use permit for the Roxbury South nightclub due to noncompliance with the regulations and conditions of approval. Mr. Fregoso further indicated that the Commission previously continued the revocation proceedings at the request of the applicant on July 22, 1996 to allow additional time to address staff's issues of concern. City staff had conducted several investigations of the nightclub and during the investigations it appeared as though the applicant/owner made little or no effort to come into compliance or address the concerns raised by staff. Staff was again requesting the Commission to proceed with the revocation process. Commissioner Doughty expressed her disapproval of the process which allowed business owners the ability operate businesses while neglecting the laws while continuing profit financially. She informed staff that she would like staff to develop a procedure or process which would allow a fine to be implemented. Mr. Kenneth Adams, Planning Manager, indicated that fines would have to be legally incorporated into the City's approval process. Ms. Robyn Upteqraff, Executive Director, added that if the Commission chose to revoke the conditional use permit, a fine could occur. If the code were amended to do so. Mr. Allen Blume, representing the applicant, indicated that he understood staff's concerns and stated that the restaurant had been recently closed down because the applicant believed the facility needed a fresh start with new employees and management in order to effectively rectify the problems. Commissioner Nalle asked who the primary share holder was for the business; who was the applicant for the project; and who was operating the business. Mr. Shillea responded that Nancy Clifford, his daughter was the primary shareholder. She and his son-in-law were the operators of the business. Ms. Yolanda Pena, Police Department, indicated that New York Gourmet Corporation is the applicant for the alcoholic beverage license (ABC). Commissioner Mondo stated that when the request for Roxbury's first came before the Commission several years ago, he supported the project and had high aspirations for the project. However, within six months after the operations began, the project began having problems. When the Commission met with the applicant, it was agreed that Roxbury's would not be opened until the improvements were made and in compliance with the code. Despite this promise by Mr. Shillea, subsequent investigations showed the promises were not kept, and for that reason he supports revocation of the conditional use permit. Commissioner Doughty again expressed dissatisfaction with the operation of the business as well as the City's policy which did not fine operators that ignored the code requirements and laws. Commissioner Pedroza indicated that she was not happy with the operations of the business and expressed displeasure with the applicant wasting the time of both the Commissioners and staff. She also reiterated to Mr. Shillea the he had informed them that he would bring the site into compliance and it appeared that he had not shown initiative to do so. After further discussion, Madam Chair Brown stated that she felt that several Planning Commissioners had extended themselves to conduct a site inspection. During that inspection, staff had indicated all of the requirements and had explained and identified all areas of the site that needed improvement. She further expressed disappointment with the applicant's progress to conform to the requirements. Commissioner Mondo moved to direct staff to begin revocation proceedings for Conditional Use Permit No. 92-23. The motion was seconded by Madam Chair Brown. AYES: Brown, Nalle, Doughty, Mondo, and Pedroza NOES: None ABSENT: Oliver and Segura H. CONDITIONAL USE PERMIT NO. 94-16 (Vince Fregoso) ' To determine use for the Galaxy Concert Theatre located at 3503 South Harbor Boulevard in the Light Industrial (M1) zoning district. Deternine that the dancing and nightclub use is not a permitted use under Conditional Use Permit No. 94-16. PLANNING COMMISSION MAdil"1'ES 2 SEPTCMACR 9. 1996