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Modification to Variance No. 2004 -09 <br />December 14, 2009 <br />Page 5 <br />allowance to have the rear door open could create land use <br />incompatibilities by allowing noise from the interior to escape and raise <br />the noise level on the exterior. In addition, modification of this <br />condition would allow Proof to effectively create an outdoor dining area <br />not associated with a food service establishment, which is in violation of <br />SAMC 33 -170. Staff recommends that the Planning Commission confirm the <br />action of the Zoning Administrator regarding the retention of this <br />condition. <br />The sale of draft beer is prohibited. The sale or service of beer on <br />tap (or draught beer) is prohibited. <br />This condition was originally crafted based on the previous applicant's <br />business plan to not include beer sales but rather a "martini bar." <br />Amendments to these conditions are recommended for approval with a <br />revised condition to not allow the sale of pitchers of beer. Therefore <br />the revised condition will read, "The sales of beer and malt beverages <br />in pitchers or containers more than 16 ounces in size are prohibited." <br />No distilled spirits shall be sold by the bottle. <br />There appears to be a new trend in establishments selling alcohol to <br />allow customers to order and have delivered an entire bottle of premium <br />liquor to a table. For example, a customer would order their favorite <br />bottle of vodka, have it delivered to their table and would serve and <br />consume the alcohol at their leisure, without the assistance or <br />supervision of the waiter or waitress staff. There is strong concern <br />with this form of consumption due to the lack of monitoring by the <br />operator or staff. Additionally, this concern would be exacerbated if <br />outdoor and basement areas were allowed. The potential for unsupervised <br />consumption could occur potentially resulting in excessive alcohol <br />consumption due to the lack of waiter staff oversight. At the February <br />20, 2008 hearing the Zoning Administrator recommended approval of the <br />request with modifications to the conditions. Staff is recommending a <br />condition that a pouring device used to control portions must be <br />attached to any champagne or distilled spirits when sold by the bottle <br />and the submittal of an operation plan outlining the method by which the <br />operator will train its staff and program the operation to ensure the <br />conditions are followed. <br />75B -7 <br />