31C - CUP - 202 N BROADWAY - Laserfiche WebLink

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Modification to CUP No. 2013 -21 December 8, 2014 Page 2 square feet. The building has traditionally contained a mixture of commercial uses; including retail, office and service uses. The use that previously occupied the subject tenant space was Theater Out, which relocated to 402 West Fourth Street in 2013. In conjunction with the new restaurant, the applicant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer, wine, and distilled spirits to patrons at the restaurant. The restaurant will be a full service, sit -down eating establishment that will hold approximately 45 seats within its dining room plus approximately eight more at standing tables. No outdoor seating is proposed at this time. The on- premise sale of alcoholic beverages to customers, which requires a CUP, is intended to provide a service ancillaryto the primary restaurant use. Overall alcohol storage and display areas will contain approximately 34 square feet, which is less than five percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). The proposed hours of operation for the restaurant are from 11:00 a.m. to 2:00 a.m., seven days a week. Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates there are currently 14 ABC licenses located within 500 feet of the project site, including the proposed license. These 14 ABC licenses include one Type 40 license (on -sale beer), four Type 41 licenses, (on -sale beer and wine), six Type 47 ABC licenses (on -sale beer, wine and distilled spirits), one Type 42 license (public premise beer and wine only), one Type 48 (public premise beer, wine and distilled spirits), and one Type 23 license (brewery). However, this information does not affect the analysis or recommendation contained in this report. Protect Background On August 11, 2014, the Planning Commission adopted a resolution approving CUP Nos. 2013 -21, 2013.22, and 2013 -23 for the on- premise sale of beer and wine (Type 41 ABC license), for after -hours operations until 2:00 a.m., and for a banquet use at Last Call on Broadway. Since that time, the applicant received authorization from the State Department of Alcoholic Beverage Control to upgrade to a Type 47 ABC license for the sale of distilled spirits in addition to beer and wine. The proposed Type 47 ABC license for the on- premise sale of beer, wine, and distilled spirits requires approval of modification to CUP No. 2013 -21. The issuance of a new CUP is not required as the existing CUP is still valid and the use must continue to comply with the same operational standards for all eating establishments that offer on- premise consumption of any alcoholic beverage. The Empire Market Building was constructed in the Art Deco style in 1933 at a time when Art Deco /Streamline Moderne styles of architecture were very popular. The building has been occupied by a variety of retail businesses and office uses on both floors. The previous tenant was a theater, which vacated in early 2013. 31 C -4