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HomeMy WebLinkAboutZA FULL PACKET 2013-03-06MARCH 6, 2013 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 2 3 CONDITIONAL USE PERMIT NO. 2012-28 (Vince Fregoso) Filed by Michael Ayaz, to allow La Plaza Market to upgrade from a Type 20 to a Type 21 Alcohol Beverage Control (ABC) license for the off-premise sale and consumption of beer, wine and distilled spirits at 425 North Euclid Street located in the Community Commercial (C1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 22, 2013 PUBLICLY NOTICED: February 21, 2013 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2012-28 as conditioned. CONDITIONAL USE PERMIT NO. 2013-01 (Rally Soboleske) Filed by Brandon Fender, to allow The Good Beer Company Brewery a Type 23 Alcohol Beverage Control (ABC) license for a small beer brewery at 307 West Fourth Street located in the Transit Zoning Code (SD84) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 22, 2013 PUBLICLY NOTICED: February 21, 2013 RECOMMENDATION: Adopt a resolution approving Conditional Use Permit No. 2013-01 as conditioned. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. ZONING ADMINISTRATOR PUBLIC HEARING REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: MARCH 6, 2013 TITLE: PUBLIC HEARING -FILED BY BRANDON FENDER FOR CONDITIONAL USE PERMIT NO. 2013-01 TO ALLOW A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE GOOD BEER COMPANY AT 30T WEST FOURTH STREET Prepared by Hally Soboleske RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing 1=or DENIED ^ Applicant's Request ^ Staff Recommendaiian coNTINUED To Planning M ager Adopt a resolution approving Conditional Use Permit No. 2013-01 as conditioned. Request of Applicant Brandon Fender, representing The Good Beer Company, is requesting approval of a conditional use permit for a Type 23 Alcoholic Beverage Control (ABC} license for a small beer manufacturer at 307 West Fourth Street. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC}. Pro'ect Location and Site Descri tion The applicant proposes to operate The Good Beer Company, asmall-scale beer micro-brewery, within an existing, 4,750-square foot tenant space that is located on West Fourth Street between North Ross Street and North Broadway. The business will occupy a majority of the first floor space, with 550 square feet to be used by an office tenant. The second floor of the building will continue to be utilized by the existing office tenant. Other spaces along the same frontage contain a variety of establishments, including eating establishments and professional offices. The use is proposed within a vacant tenant space in the historic Phillips Block Building, which are actually three separate structures housed under a united fapade. This portion of the Phillips Block Building was constructed in 1895, and is a two-story brick structure built in the Italian Renaissance Revival style. The site is surrounded by the Ronald Reagan Federal Courthouse to the west, commercial uses to the east and south, and a vacant lot to the north (Exhibits 1 and 2}. Conditional Use Permit No. 2013-01 March 6, 2013 Page 2 Proiect Description The Good Beer Company is requesting approval of a Type 23 Alcoholic Beverage Control {ABC) license to allow a small beer manufacturer that produces less than 60,000 barrels per year. The applicant proposes to sell bulk quantities of beer that are manufactured onsite. The tap room occupies approximately one-third of the first floor area at 651 square feet, holding a maximum of 44 people. The Good Beer Company will occupy an existing tenant space in the lower floor of the Phillips Block Building. Physical improvements include the installation of brewery equipment in the rear of the suite, a storage area, and a seating area that holds approximately three tables within the tap roam. Rosenow Spevacek will maintain a small pilot office on the first floor, and will share a primary entry with the Good Beer Company. The Good Beer Company will operate as a micrabrewery and allow the tasting of specialty craft and experimental beers produced on the premises. The proposed hours of operation for the brewery are seven days per week from 12:00 p.m. to 9:00 p.m. (Exhibits 3 and 4). Proiect Background Rosenow Spevacek Group, a redevelopment and urban planning consulting firm, has owned and occupied the building for about 10 years. The applicant, Brandon Fender, is an employee of the company who has had along-term interest in the micro-brew field. With the major changes in the redevelopment planning field, the business owners sought a way to provide additional revenue with a new use at the site. The applicant's interest in starting amicro-brewery led to the decision to establish one in the building. This will be Mr. Fender's first micro-brewery; however, he has been home brewing for many years and is a member of a local brewing club. General Plan and Zoning Consistency The General Plan land use designation far the site is District Center (DC). District Center land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, The project site is consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Cade (SD-84) zoning district in the Downtown (DT} sub-zone. The SD-84 zoning district allows for service and retail uses such as the micro-brewery. Conditional Use Permit No. 2013-01 March 6, 2013 Page 3 Pro'ect Anal sis There are currently no micro-breweries or Type 23 ABC licenses operating in the city. Other similar types of businesses include the Bruery in Placentia and the Anaheim Brewery in Anaheim. A Type 23 ABC license is for a small beer manufacturer or micro-brewery. Amicro-brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty or experimental beers. Although some do operate a restaurant or pub in conjunction with their manufacturing plant, no restaurant is proposed at this location. Food sales are not required with a Type 23 ABC license. The Good Beer Company may offer snacks such as pretzels or peanuts as a way for customers to cleanse their palate between tasting different types of beer. The Anaheim Brewery, which holds the same type of ABC license, serves pub type food such as tacos, but is not a full service restaurant. The Bruery does not serve hot food. Since the Good Beer Company will be occupying a small suite, it is not conducive as a place for large gatherings. Further, a professional office, who is also the building owner, will be sharing space with the micro-brewery and will bath be open during similar hours, with Rosenow Spevacek closing at 5:00 p.m. The Good Beer Company will be closed at 9:00 p.m. A Type 23 license allows tasting of beer produced or bottled by the licensee either on or off the premises. The manufacturer may provide beer without charge for any tastings conducted pursuant to California Business and Professions Code Section 23357.3. Tasting, where beer is offered without charge, is limited to eight ounces per customer, per day with a Type 23 alcohol license. Patrons may purchase beer for consumption on site. They will only sell the beer that they manufacture on site, not other brands. A beer manufacturer may also sell beer to consumers for consumption on the manufacturer's licensed premises. Their target market is the local and regional consumers and restaurants. Other than the beer product, this establishment may also have a small retail component consisting of t-shirts, mugs and small sundry items that include the logo andlor name of the micro-brewery. Further, a Type 23 ABC license does not have specific restriction on the age groups that may enter the premises. Since the tasting room is too small for it to function as a bar, there is no need for age restriction. Those under 21 are not permitted to purchase any alcohol product. One of the conditions of approval is that anyone under 21 years of age must be accompanied by a parent or guardian. Additionally, there are no restrictions on the size of the alcohol storage areas as is required for an eating establishment. Gatherings and/or group parties will not be allowed at this location. Trash containers are located within an existing corridor in the building with a separate entrance. It is immediately east and adjacent to the subject site. The trash is emptied daily to a large bin that serves the suite, and is rolled out to Fourth Street for pick up. Therefore, any odors associated with the waste from the brewing process will be contained within the building. Smells associated with a micro-brewery are not offensive or strong, but rather smell like bread baking. Brewing equipment is vented to the roof. Conditional Use Permit No. 2013-01 March 6, 2013 Page 4 The brewing equipment does not generate noise above that allowed by the City's noise ordinance. There are no sensitive receptors within 500 feet of the microbrewery. Conditional Use Permit requests are governed by Section 41-638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility that will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use adversely will not affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the reguia#ions and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed alcohol beverage license will provide a service to both individuals and other businesses that wish to purchase unique craft beer for personal use or resale. This will thereby benefit the community by providing a retail opportunity for unique and locally made beer. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the consumption of beer at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and allow for tasting only. Conditional Use Permit No. 2013-01 March 6, 2013 Page 5 • The proposed use will not adversely affect the economic stability of the area, but will add another distinctive retail amenity in the Downtown, helping to create a destination point far the area. Having a variety of businesses in the Downtown helps the area remain economically viable and contributes to the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a small beer brewery pursuant to Chapter 41 and the Transit Zoning Code (SD84) of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the hand Use Element encourages land uses that accommodate the City`s needs for goods and services. A small beer brewery in Downtown Santa Ana contributes to the economic success of the city as a shopping and dining destination. Police ©epartment Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes such as drunk driving, fatal traffic coklisions, homicide, assaults, rape, domestic violence, drunk in public, and other nuisance-type offenses. Without stringent controls to address the location of alcohol outlets, there is a strong likelihood that an overconcentration will create blight and adversely impact the community. The approval of a license in an area deemed over-concentrated and high in crime may affect the quality of life and police resources in the area, and aggravate existing conditions. Since the City's overconcentration standards do not apply to on-sale establishments, the Police Department considers two factors when reviewing this type of application: crime rate and sensitive land uses, It has been determined that 307 West Fourth Street has a 20 percent greater number of reported crimes than the average number reported for all crime reporting districts and is considered above average in police-related incidents based on standards established by the State of California under the Business and Professions (B&P) Code Section 23958.4. The area of 307 West Fourth Street is located in Reporting District No. 165, which is also above-average in police-related incidents and ranks 3`d out of 102 citywide reporting districts. Although the project site is located in an area considered over concentrated by the state and is in an above average reporting district per city standards, The State Department of Alcohol and Beverage Control considers an overconcentration to be six or more of the same type of licenses in a census tract. This is the only Type 23 license in the city. As a result, the Police Department recommends approval of Conditional Use Permit No. 2013-01 subject to conditions of approval. Conditional Use Permit No. 2D13-01 March 6, 2013 Page 6 Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association. Representatives from this Neighborhood Association were notified of this project. The project site was also posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3}, which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment, Categorical Exemption Environmental Review No. 2012-57 will be filed far this project. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Conditional Use Permit No. 2013-01 as conditioned. 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Slte 4TH STREET F- ~ C MME CIAL ~.., ~ Q f-- ?~ ~ ~ ~ Q "~ O O = ~ U CIAL ~ m m CUP 2013-01 C O E CIA L COMMERCIAL PUBLE C PARKING G RAGE THE GOOD BEER COMPANY 307 WEST FOURTH STREET ~~ P € A N N ( N G A N D B U I € D I N G A G E N C Y LAND tJSE MAP EXHIBIT 2 ~ ~ W w~> ~~i M OZ ~ ~°N~ ~ ~ w O 1~. = W ~ ~ ~ ~ ~tS J o ~~~ ~ g ~ ~ ~ ~ ~o~aa o ~ ~, U ~ ~ ~ ~ m ~~ °- ~ Q ~~ W ~u.d`~"" ` ~ ~ R <a ea a< ae 4 ~/ ~ q ~/ \ /~ VlVla V ~a~ a u co u ~ k ... ...____._..._.._._._._ ._ _ 11.1 . ___ __ ~~L Q V ~~N e n ~Y _ ~ Y \ O (~ m l!7 ~ ~ ~ Ca ¢ ~ ~ ~ j Q p m q ~ ~1~~ -• I_J__I .~ - ~ O w w . . O3 CJ ~ ~. z J ~_ LA. O z ~ ~ a 0 ~ a c~ X ~.._ ~. W ~ Q wr w F- m ¢ V ~~ ~} LL p~ pQ O ~ Oa p d w~ ~ = ~" U M V o J _I 4 ~~ wz ~ 1' 41 Q Y ~ ~ Z Y N Z ~,_~~ d ~ W X ~ W~ J~ ~ V1 w 3 z n w' W O_ ~ N 4- ~ X ~ U 7 "L W ...~, . _,..,_ ~- O N ~ X 7 W ~ EXHIBIT 3 ~ ~ ~ ~ ~ © "'.aye ~ oo ~~ B N ° O W O W Q = ~ U~~ ..J Q ~ #i g ~, a ~ g N ~ ' i ~ 2 Uo~ae ~ W ~ O ~ V ~ Q ~ m ~x ~ ~ f ~ ~ ~/ i.iLL Q ~;nn ~ ~ G~4 6 cI G~G G G _ LL w O~ Q~ ~~~~ ~~w~~~ ~~~~~m ~~~~~~ ~~~~~~~ ~~~.~ a~ ;~~~ ~~~~~ ~ ~~~ ~ ~ ~~ ~ ~~Q~~~~~ ~~ ~~~~~ ~ ~~~~~ ~~ ~ ~ ~ ~~ ~ ~~~ ~ ~~ ~~ ~~s ~~~~ ~ ?~ ~ ~~~~~~~~3~ ~~~~~~a~~~$~N~~Y~~ $ ~ ~ Q ~ ~ ~ ~~ ~ ~ ~~ a ~~ ~ ~ ~~ ~ ~~~~ o~~~ ~~ ~ ~a~Q~ ~~~~~~ ~ ~ ~~ ~~~~~~ =~~~U~~~ ~ ~~~~~~1~~~~~~~~~~~~~ EXHIBIT 4 ROH - 03/06/13 RESOLUTION NO. 2013-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2013-01 TO ALLOW A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 307 WEST FOURTH STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as #ollows: A. The applicant is requesting approval of Conditional Use Permit No. 2013- 01 for a Type 23 Alcoholic Beverage Control {ABC) license to allow a small beer manufacturer at 307 West Fourth Street. B. A Type 23 license allows tasting of beer produced or bottled by the licensee either on or off the premises. The manufacturer may provide beer without charge for any Castings conducted pursuant to California Business and Professions Code Section 23357.3. Tasting, where beer is offered without charge, is limited to eight ounces per customer, per day with a Type 23 alcohol license. Patrons may purchase beer for consumption on site. C. Conditional Use Permit No. 2013-01 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on March 6, 2013. D. Santa Ana Municipal Code Section 41-156 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption. E. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to approve a conditional use permit upon making certain findings; 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcohol beverage license will provide a specialty retail use that will help the Downtown area become a destination point. Conditions have been placed on the alcoholic beverage control license which will mitigate any Resolution No. 2013-xx Page 1 of 7 potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. WIII the proposed use under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity? The proposed license for the small beer brewery at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and will serve both individuals and the local and regional business community. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stabifty of the area, but will instead allow businesses and individuals to purchase a unique and locally brewed craft beer mainly for local and regional consumption. Moreover, the offering of specialty retail allows the Downtown to remain economically viable and contributes to the overall success of Downtown Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Wil! the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A small beer manufacturer provides a specialty retail use for the residents of Santa Ana and its location within a regional destination center, Downtown Santa Ana, contributes to the Resolution No. 2013-xx Page 2 of 7 economic success of the city as a shopping and dining destination. F. In accordance with recommended action 15061(b)(3), which is have no possibility of Categorical Exemption this project. the California Environmenta! Quality Act the is exempt from further review per Section a general rule exemption applying to projects that having a significant impact on the environmen#. Environmental Review No. 2012-57 will be filed for Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Conditional Use Permit No. 2013-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted a# the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated March 6, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 6th day of March, 2013. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 20'f 3-xx Page 3 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY [, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2013-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on March 6, 2013. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2013-xx Page 4 of 7 Conditions for Conditional Use Permit No. 2013-01 Conditional Use Permit No. 2013-01 is approved subject to compliance, to the reasonable satis#action of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip ar to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 2. The approval of this Conditional Use Permit must not be construed as the approval of a bar or cocktail lounge, nor as a nightclub or cabaret with entertainment andlor dancing and this establishment must not operate as such. 3. There will be no gatherings or parties at this location other than a Grand Opening event. 4. There shall be no enclosed patio area in conjunction with this business. 5. The storage of delivery vehicles is not allowed at this location. 6. No use of delivery vehicles with more than three axels at this location. 7. This establishment must comply with Santa Ana Municipal Code Section 18-312 related to exterior noise. 8. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after-hours operations pursuant to Chapter 41 of the Santa Ana Municipal Code. 9. Anyone under the age of twenty-one (21) entering the micrabrewery must be accompanied by a parent or guardian. 10. No other brands of beer may be sold at this location other than that manufactured by this facility. Exhibit A Page 1 of 3 Resolution No. 2013-xx Page 5 of 7 11. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant. 12. The applicant or an employee of the licensee must be present to monitor all areas of the establishment during all times that alcoholic beverages are being served or consumed. 13. Alf employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 1~. Queuing lines shall be managed in an orderly manner and all disruptive andlor intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 15. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. 16. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of quality control. 17. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 18. There shall be no promotions encouraging on-site consumption of alcohol. 19. No amusement machines or video games shall be maintained on the premises at any time. 20. No entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be held at this location for promotional purposes. 21. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shalt violate the City's adult entertainment ordinance contained in SAMC Section 12-1 and 12-2. Exhibit A Page 2 of 3 Resolution iVo. 2013-xx Page S of 7 22. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41-1701.6. 23. The applicant{s} shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 24. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 25. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee{s} shall be removed or painted within 24 hours of being applied. 26. Atimed-access cash controller or drop safe must be installed. 27. Install a silent armed robbery alarm. 28. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the police department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s); verifying agelchecking identification of patrons; warning patrons of reaching their drinking limit/potential intoxication and refusing to serve; calling the police regarding observed or reported criminal activity and the management of queuing lines. Exhibit A Page 3 of 3 Resolution No. 2413-xx Page 7 of 7