HomeMy WebLinkAboutCC Resolution 8006 (Three Clicks Out Nightclub)RESOLUTION NO. 8006
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
UPHOLDING APPEAL AND MODIFYING CONDITIONS OF APPROVAL
THROUGH ACCEPTANCE OF A STIPULATED AGREEMENT
FOR OPERATION OF THREE KLICKS OUT NIGHTCLUB
[UP83-94(a-i)]
WHEREAS, use permit UP83-94(a-i), hereinafter "use permit",
was granted for operation of a nightclub to the owners of County
Assessor's parcel 14-152-28 on January 26, 1988; and
WHEREAS, Michael Maritzen and David Younge, owners of the
nightclub operation known as "Three Klicks Out" located at 555
Francisco Boulevard East, City of San Rafael, State of California, were
required to conduct business as specified under the conditions of
approval of the use permit granted on January 26, 1988; and
WHEREAS, Section 14.88.020 of the San Rafael Municipal Code
states in part "Any zoning permit, use permit or variance granted in
accordance with the terms of this Title may be revoked if any of the
conditions or terms of such permit or variance are violated or if any
law, Ordinance, or provision of this code is violated in connection
therewith."; and
WHEREAS, on February 28, 1989, the San Rafael Planning
Commission held a duly noticed Public Hearing on the Revocation of use
permit for the operation of "Three Klicks Out" nightclub and considered
all reports, recommendations, letters and testimony; and
WHEREAS, the Planning Commission unanimously voted to revoke
the use permit; and
WHEREAS, on March 7, 1989 the operators of TKO filed an appeal
of the Planning Commission's decision; and
WHEREAS, on April 25, 1989 the San Rafael Planning
Commission formally adopted Resolution No. 89-10 revoking the use
permit for operation of "Three Klicks Out" nightclub at 555 Francisco
Boulevard; and
WHEREAS, on June 5, 1989 the City Council conducted a duly
noticed Public Hearing to consider the appeal; and
WHEREAS, on June 5, 1989 a stipulated agreement was
presented to the City Council whereby "Three Klicks Out" nightclub
would remain in operation under revised conditions of approval; and
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WHEREAS, on June 5, 1989 the City Council did refer the item
back to the Planning Commission for consideration; and
WHEREAS, on June 27, 1989 the Planning Commission did
consider the stipulated agreement and did recommend to the City
Council approval of the agreement; and
WHEREAS, on July 17, 1989 the City Council did conduct a Public
hearing on the use permit for Three Klicks Out nightclub and did
consider all reports, testimony and letters; and
NOW THEREFORE BE IT RESOLVED, that the San Rafael City
Council accepts and approves a stipulated agreement (attached hereto)
modifying the conditions of approval of the use permit for "Three Klicks
Out" nightclub; and
NOW THEREFORE BE IT FURTHER RESOLVED, that the San Rafael
City Council upholds the appeal on the basis of acceptance of a
stipulated agreement between the operators of "Three Klicks Out" and
the City based upon the following findings and conditions:
FINDING:
Extending approval of the use permit for the establishment known as
"Three Klicks Out" at 555 Francisco Boulevard East would not be
detrimental to the health, safety, peace, morals, comfort and general
welfare of the City so long as the conditions specified in the
stipulated agreement are stringently adhered to and rigorously
enforced. The conditions have been drafted so as to greatly reduce
the pattern and number of San Rafael Police Department "Calls for
Service", rectify outstanding problems and promote the public health,
safety, peace, morals, comfort and the general welfare of the City.
(a) This use permit is granted for a nightclub with a dance floor not to
exceed 400 square feet and as specified under the following
conditions.
(b) The management of the nightclub shall be responsible for strictly
adhering to the following operational conditions:
1. Last call for alcoholic beverage service shall be announced at
12:45 a.m.
2. There shall be no service of alcoholic beverages after 1:00 a.m.
3. All alcoholic beverages shall be picked up by 1:30 a.m.
4. The nightclub may remain open until 3:00 a.m. serving only
non-alcoholic beverages
5. No more than one alcoholic beverage at a time shall be served
to any patron.
6. No double (or larger) drinks shall be served at a discount
price.
7. Non -Alcoholic beverages must be offered, advertised and priced
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equal to the lowest priced alcoholic beverage. Non -Alcoholic
beverages may be served until closing.
8. The management shall announce (over the PA system) warnings
to patrons regarding excessive consumption of alcoholic
beverages and driving. The announcements shall be made in half
hour intervals beginning at 11:00 p.m. and ending at 1:00 a.m.
The announcement shall include an offer to call a cab if
requested by a patron.
9. An entry fee must be charged on all nights of operation.
10. The management of the nightclub shall be responsible for
properly disposing of litter in the parking lot on a daily basis.
It is the responsibility of the property owner and the nightclub
management to negotiate terms of accomplishing this condition
so that the nightclub management is not responsible for all
litter control of the Harbor Center.
11. The trash bin in the rear parking area shall be secured so it
cannot be vandalized or be the site of nuisance activities.
12. A valid business license shall be maintained at all times.
13. Parking lot signing shall be maintained indicating Harbor
Center parking areas and those areas restricted to harbor
tenants, to the satisfaction of the Traffic Engineer and the
Planning Director.
14. The operator shall comply with all applicable Fire, Building and
Police Department codes.
15. The management of the nightclub shall meet monthly with a
representative of the Police Department to review the
operational, security and entertainment aspects of this use
permit.
WCURITY
(c) All ID's must be checked with a black light.
(d) Management Security Personnel must take a course on
identification of false ID's to be arranged by the management. The
course shall be conducted by an independent provider and shall be
approved by the Police Department.
(e) A private security company shall be hired to provide uniformed
security guards. The selection of a security company shall be
mutually agreed upon by the management and the Police Department.
(f) The management shall maintain security personnel as follows:
1. Security personnel assigned to the parking lot shall be
responsible for keeping the driveway clear of stopped vehicles
at all times from 8:00 p.m. to closing.
2. Security personnel assigned to the door shall be responsible for
checking ID's and shall insure that the front doors are kept
closed at all times except as necessary for the entrance and
exiting of patrons.
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Management Security Personnel= MSP
Uniformed Security Personnel =USP
Sunday*
1. At least QM MSP at the door from 8:30 p.m. until closing.
2. At least JWg MSP inside from 11:30 p.m. until closing. One of
these MSP shall be responsible for patrolling the parking lot
every half hour.
Monday:
1. At least gm MSP at the door from 8:30 p.m. until closing.
Tuesday
1.
through
At least
Saturday:
QM MSP at the
door from 8:30 p.m. until 15
minutes
after closing.
2.
At least
gffl USP at the door from 10:30 p.m. until 15
minutes
after closing.
3.
At least
one
MSP in the
parking lot from 11:00 p.m.
until the
parking
lot is
clear after
closing.
4.
At least
gM
USP in the
parking lot from 11:30 p.m.
until the
parking
lot is
clear after
closing.
(e) The Police Department, property owner management and nightclub
management shall meet on the site, at night, to review and propose
a final solution to the exterior lighting issue. The Police
Department shall provide a report to the City Council regarding
resolution of this issue.
(f) Live entertainment (including bands, dances/dancing and live
performances/contests) are permitted from 8:00 p.m. to 1:00 a.m.
Monday through Thursday only.
(g) Background/ambient music may be played beginning at 4:00 p.m
(h) Amplified music for dancing may be played from 8:00 p.m. to
3:00 a. m.
(i) Band sound checks may be made from 2:00 p.m. to 5:00 p.m.
(j) This use permit is extended for six months or until JANUARY 17,
1990. Any modifications to the conditions of this use permit shall
be subject to Police and Planning Department review. The City
Council shall approve any changes. At the end of six months the
City Council shall review operations of the use under these revised
conditions.
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I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California,
HEREBY CERTIFY that the foregoing Resolution was duly and
regularly introduced and adopted at a Re4ul ar meeting of the
Council of said City held on the 17th day
of__,1Ll v1989, by- the following vote, to -wit:
AYES: Councilmembers: Boro, Brei ner, Frugol i , Thayer & Mayor Mul ryan
NOES: Councilmembers: None
ABSENT: Councilmembers: None
JIA4AM. LEONCI
Clerk of the City of San Rafael
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