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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 1 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 2 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. 3 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. 4 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 5