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Modification to Variance No. 2004 -09 December 14, 2009 Page 6 There shall be no dancing allowed on the premises. Although a condition was placed on Variance No. 2004 -09 prohibiting dancing within this establishment, Chapter 11 of the Santa Ana Municipal Code (SAMC) addresses the conditions in which dancing and alcohol sales are allowed to occur. The restrictions on dancing are established in Chapter 11 of the SAMC. According to Chapter 11 there are two circumstances under which dancing is permissible: a public dance hall allows dancing with not less than a 500 square foot dance floor but does not allow the sale of alcoholic beverages, additionally a public dance hall is considered a regulated use, similar to bars, where the standards for their location include a separation from sensitive uses, as well as from other regulated uses; a public dancing place is required to be a bona fide eating establishment as defined by the California Business and Professions Code. Further, it requires a dance floor of not less than 300 square feet, seating at tables for at least 50 patrons, and no less than 20 percent of the floor space dedicated as a kitchen facility. The intent is to create a dinner /dance location, such as the Black Angus, where dancing is an ancillary use. The Proof Bar does not meet either standard and therefore cannot be issued a dance permit under the existing standards contained in Chapter 11. The Police Department will be contemplating an Ordinance Amendment to change the standards to allow dancing within the C3 -A zone. These changes will directly impact bars and restaurants within the Artists Village by allowing dancing. The dance ordinance change will allow the Proof Bar to apply to allow patrons to dance while listening to entertainment. With the pending ordinance amendment, staff supports a modification of the condition should the dance ordinance amendment be approved. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availabilitv of alcoholic beverages. The applicant has requested the ability to provide an exterior vertical sign immediately outside on the west elevation. The applicant is proposing to include the word "cocktail" within the sign copy. Staff recommends approval of a modification that will allow the request as a part of the business name advertising.