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SR-9-B (21) vlb -~ _ e ~ r CrTY PLANNrNG DIVIS 'ION Land Use and Transportation Management Department MEMORANDUM. DATE: March 4, 1992 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: Conditional Use permit 91-041 Address: 625 Montana Avenue Applicant: Montana wine company SUMMARY Action: Application for a Conditional Use Permit to allow an upgrade from an existing Type 20, Off-Sale Beer & Wine, alcohol license to a Type 21, Off-Sale General, alcohol license for an existing retail wine sales establishment. The State Department of Alcohol Beverage Control (ABC) has filed formal charges against the applicant regarding non-compliance with a state statute requiring 50% of all retail sales to be from non- alcoholic items. Suspension of the existing license and payment of fines may result from the charges. The applicant has the op- tion to apply for a Type 21, Off-Sale General, alcohol license. A Type 42, On-Sale Beer & Wine, alcohol license for purposes of wine-tasting in conjunction with retail sales of wine is pending with the ABC. Recommendation: Denial. Permit Streamlininq Expiration Date: July 2, 1992 SITE LOCATION AND DESCRIPTION The subject property is a 30,000 sq. ft. parcel located on the north side of Montana Avenue between sixth and seventh streets having a frontage of 200 feet. Surrounding uses consist of a one story single family residential unit (Rl) to the north, two story commercial buildings (C2) to the south, two story commercial and two story mUlti-family structures (C2 & Rl) to the east and a two story mUlti-family residential structure (R3) to the west. Ex- isting on-site uses include a 14,976 sq. ft. retail building with 50 existing on-site parking spaces. Zoning District: C2 Land Use District: Neighborhood Commercial - 1 - <ij])013 e - '- Parcel Area: 150' x 200' = 30,000 sq. ft. ,IF , PROJECT DESCRIPTION The applicant is proposing an upgrade from a Type 20, Off-Sale Beer & Wine, alcohol license to a Type 21, Off-Sale General, al- cohol license for the Montana Wine Company, an existing retail wine sales establishment. Formal charges by the ABC have been filed against the applicant regarding non-compliance with state law that requires 50% of all retail to be non-alcoholic items. This law applies to all Type 20, Off-Sale Beer & Wine, alcohol outlets in Los Angeles County approved by the ABC since 1985. Suspension of the existing Type 20 alcohol license and/or payment of fines may occur as a result of the charges against the appli- cant. Revocation of the existing license may also occur if the applicant does not come into compliance with the 50% non- alcoholic retail sales requirement. The applicant has an option to apply for a Type 21, Off-Sale General, alcohol license. No changes to the existing floor plan are proposed at this time. A Type 40, On-Sale Beer & Wine, alcohol license for purposes of wine tasting in conjunction with retail wine sales is pending ABC approval. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE i The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS The project is categorically exempt, Class I (21) , Ci ty of Santa Monica Guidelines for Implementation of CEQA. RENT CONTROL STATUS The project is exempt from Rent Control. FEES No additional Planning fees are required. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9130.8, within 30 days after the subject application was deemed complete, the applicant posted a sign on the property stating the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the Planning and Zoning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after. posting. In addition, pursuant to Municipal Code Section 9131.5, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius - 2 - 00011 ; e e of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment B. ANALYSIS Project Chronoloqy A conditional Use Permit (CUP 546) was approved by Planning Com- mission on November 2, 1988 to permit the issuance of a Type 20, Off-Sale Beer &. Wine, alcohol license for the operation of a 2,625 sq. ft. retail wine shop and bakery (Attachment C). Approx- imately 1,850 sq. ft. of floor space is currently used for Montana Wine Company (Attachment K). According to the ABC, Odeon Bakery obtained a lease for the remaining portion of the building on August 9, 1988. Montana Wine company and Odeon Bakery are two separate businesses. The bakery is not considered part of the Montana Wine Company's premises. A conditional Use permit (CUP 90-074) was approved by City Coun- cil on appeal on March 12, 1991 (Attachment D). The CUP allows wine tasting and wine tasting classes on-site in conjunction with retail sales of wine for Montana Wine Company with a Type 40, On- Sale Beer & Wine, alcohol license. Expansion of the establish- ment into the adjacent retail space of 1,200 sq. ft. was also ap- proved. Approval of the alcohol license with the ABC is- still pending. The CUP expiration date is March 12, 1992. The applicant has requested a code-permitted six month extension for CUP 90-074 (Attachment E). In view of the information from the ABC about the applicant's non-compliance with requirements associated with the original license, staff has denied this six-month extension for the CUP to allow the pending Type 40, On-Sale Beer & Wine, alcohol license. The applicant is also currently proposing a Type 21, Off-Sale General, alcohol license which is an option in- lieu of complying with the 50% non-alcoholic sales requirement. proposal A Type 20, Off-Sale Beer & Wine, alcohol license exists for the Montana Wine Company for retail sales of wine in an existing com- mercial building. Currently, there are formal charges against Montana Wine Company by the ABC with regards to the sale of more than 50% of all products on-site as alcoholic beverages (AttaCh- ment D). An ABC representative has indicated that the applicant had misconstrued facts to obtain the existing Type 20 license in that the adjacent "Odeon Bakery" is a separate business and not connected to Montana Wine Company. Further details of the pend- ing case against the applicant have not been divulged by the ABC at this time. A hearing with the Office of Administrative Hear- ings is scheduled for April 7, 1992. Based on information from the ABC, suspension of the existing license and payment of fines appear likely as a result of the charges against the applicant. Revocation of the existing ~ 00015 - 3 - e e ~ license is possible unless the establishment is brought into com- pliance with the 50% non-alcoholic sales requirement. As men- tioned above, this requirement applies to all Type 20, Off-Sale Beer & Wine, alcohol outlets in Los Angeles County issued after 1985 (State Government Code Section 23804, Business and Profes- sions Code). The ABC informed the applicant that they have the option to apply for a Type 21, Off-Sale General, alcohol license to alleviate the requirements of the state statute. This would allow sales of spirits in addition to wine. The applicant has proposed various conditions limiting the amount of spirits sold and displayed. other options for the applicant are to bring the establishment into compliance with the statute or to cancel the existing alcohol license. The charges against the applicant will not be dropped regardless of whether the applicant obtains a CUP for the proposed Type 21 alcohol license. The ABC has approved a "premises expansion" as approved per CUP 90-074 into the adjacent retail space. The applicant would be required to comply with state law requiring 50% of any retail sales to be from non-alcoholic products for this area. The ex- pansion area may also be used legally as storage for wine only without further permits. Two violations have occurred for the premises. They consist of sale to a minor (a Police Department decoy) and failure to fur- nish books & records to the ABC. According to an ABC representa- tive, the applicant has paid a maximum first-time fine of $1,500 in-lieu of a la-day (alcohol license) suspension. The applicant is currently in violation of the state statute requiring 50% of all sales to be from non-alcoholic products and is subject of the pending charges. A Santa Monica Police Department representative indicated to staff that they have observed consumption of wine purchased at the wine store on the premises at Ode on Bakery. In the Police Department's view, this is in violation of the existing CUP al- lowing the Type 20, Off-Sale Beer & Wine, alCOhol license (At- tachment C). The Police Department recommends denial of the pro- posal to upgrade to a Type 21 alcohol license. One of their main concerns is that the establishment could become a full liquor store (Attachment G). Liquor stores have been the source of numerous problems elsewhere in the city. Alcohol Outlets There are two alcohol outlets consisting of a restaurant (Type 47, On-Sale Beer & Wine) and grocery store (Type 21, Off-Sale General) within a 500' radius of the site: Type Establishment Address 47 Le Petit Moulin, Inc. 714 Montana Avenue 21 Van's Grocery Store 820 Montana Avenue There are no schools or churches located within a 500' site radius. saint Monica's is located outside the 500' radius at 7th . 00016 - 4 - . e e and California Streets. Roosevelt Elementary School is located just outside the 500' radius at 801 Montana Avenue. According to the 1980 Census, there are approximately 800 persons residing within the 500' site radius. Parking and Circulation There are fifty (50) existing on-site parking spaces. Nine (9) parking spaces are devoted to the existing retail space. Addi- tional spaces are not required for the proposal and no changes are proposed. Conclusion The proposal for an upgrade to a Type 21, Off-Sale General, al- cohol license from an existing Type 20, Off-Sale Beer & Wine, alcohol license at Montana Wine company is one option for the applicant in-lieu of complying with state law requiring that 50% of all sales be from non-alcoholic items. Staff feels that that the proposal is inappropriate for the establishment as formal charges regarding this non-compliance are pending against the applicant by the ABC, that two violations have occurred at the site including sale to a minor, that the Santa Monica Police De- partment has observed patrons of the wine company consuming wine on-premises in violation of the original CUP, and that an off- sale general license has the potential to create enforcement problems for the Police and community. RECOMMENDATION It is recommended that the Planning commission deny Conditional Use Permit 91-041 to allow the upgrade of an existing Type 21, Off-Sale Beer & Wine, alcohol license to a Type 20, Off-Sale General, alcohol license subject to the findings below: CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "city of Santa Monica comprehensive Land Use and Zoning Ordinance", in that the proposal to upgrade the existing Type 20, Off-Sale Beer & Wine, alcohol license to a Type 21, Off-Sale General, alcohol license is a conditionally permitted use in the C2 (Neighborhood Com- mercial) District. 2. The proposed use would impair the integrity and character of the district in which it is to be established or lo- cated, in that the applicant is not in compliance with state law for Type 20 alcohol outlets approved in Los An- geles County since 1985 requiring that 50% of all retail sales be from non-alcoholic products, that two ABC viola- tion have occurred for the premises consisting of sales to a minor and failure to provide books and receipts to the ABC and in that the Santa Monica Police Department has observed patrons consuming wine on-site at the adjacent -5- 00017 e e . establishment in violation of Conditional Use permit con- ditions and in that conversion to an off-site general licens, allowing the sale of spirits, may lead to greater impact on Police Department enforcement resources, based on experience with other such outlets in the city, and in that the site is in close proximity to a school. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposal is for an existing commercial structure in the C2 district. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the proposal is for an existing commercial structure in the C2 district. 5. The proposed use would not be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that although the existing retail wine sales establishment is a permitted use in the C2 district and the proposal for an alcohol outlet upgrade to a Type 21 alcohol license is a conditionally permitted use, establishment of such use may lead to an adverse impact on Police enforcement resources, which has been the case at other liquor store sites'in the city. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposal is for an existing retail sales es- tablishment in an existing commercial structure in the C2 district. 7. Public access to the proposed use will be adequate, in that the proposal is for an existing co~~ercial structure with 50 parking spaces on-site in the C2 district. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the proposal is for an ex- isting retail sales establishment in an existing structure in the C2 district. 9. The proposed use is not consistent with the goals, objec- tives, and policies of the General Plan, in that the ap- plicant is not in compliance with state law for Type 20 alcohol outlets approved in Los Angeles County since 1985 requiring that 50% of all retail sales be from non- alcoholic products, that two ABC violations have occurred for the premises consisting of sales to a minor and failure to provide books and receipts to the ABC and in that the Santa Monica Police Department has observed patrons consuming wine purchased at the wine store on-site at the adjacent establishment in violation of Conditional Use Permit conditions, and in that conversion to an off- - 6 - OOU I R . e e site general license, allowing the sale of spirits, may lead to greater impact on Police Department enforcement resources, based on experience with other such outlets in the City, and in that the site is in close proximity to a school. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the applicant is not in compliance with state law for Type 20 alcohol outlets approved in Los Angeles County since 1985 requiring that 50% of all retail sales be from non-alcoholic products, that two ABC violations have oc- curred for the premises consisting of sales to a minor and failure to provide books and receipts to the ABC and in that the Santa Monica Police Department has observed patrons consuming wine purchased at the wine store on-site at the adjacent establishment in violation of Conditional Use Permit conditions, and in that conversion to an off- site general license, allowing the sale of spirits, may lead to greater impact on Police Department enforcement resources, based on experience with other such outlets in the City, and in that the site is in close proximity to a school. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the city of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that this section is not ap- plicable to the proposal. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the pro- posal is for an existing alcohol outlet for retail sales of wine and in that there are two other alcohol outlet within a 500' radius of the site. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are not in accordance with good zoning practice, in the public interest, and necessary tha t substantial justice be done in that the applicant is not in compliance with state law for Type 20 alcohol outlets approved in Los Angeles County since 1985 requiring that 50% of all retail sales be from non-alcoholic products, that two ABC violations have occurred for the premises consisting of sales to a minor and failure to provide books and receipts to the ABC and in that the Santa Monica Police Department has observed patrons consuming wine purchased at the wine store on-site at the adjacent establishment in violation of Conditional Use Permit conditions, and in that conversion to an off-site general license, allowing the sale of spirits, may lead to greater impact on Police Department enforcement resources, based on experience with other such - 7 - 00019 e e . outlets in the city, and in that the site is in close proximity to a school. 2. The proposed use will adversely affect the welfare of neighborhood residents in a significant manner in that in that conversion to an off-site general license, allowing the sale of spirits, may lead to greater impact on Police Department enforcement resources, based on experience with other such outlets in the City, and in that the site is in close proximity to a school. 3. The proposed use will not contribute to an undue concentration of alcohol outlets in the area in tha t the proposal is for an existing alcohol outlet for retail sales of wine and in that there are two other alcohol outlets within a 500' radius of the site. 4. The proposed use will not detrimentally affect nearby neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that there is one school in close proximity to the site and one church located just outside of the 500' site radius. , .... 5. The proposed use is not compatible with existing and potential uses within the general area in that the proposal is for an upgrade to a Type 21, Off-Sale General, alcohol license permitting the off-sale of distilled spirits with the potential for an adverse impact on Police enforcement resources, which has been the case at other liquor store sites in the City, and in that a school and a church exist within general proximity to the site. 6. Traffic and parking congestion may result from the proposed use in that the proposal for an upgrade to a Type 21, Off-Sale General, alcohol license represents an intensification of use and and the sale of distilled spirits would potentially contribute to an increase of traffic, parking, noise, drunk-driving and crime problems. 7. The public health, safety, and general welfare are not protected in that the proposal for an upgrade to a Type 21, Off-Sale General, alcohol license represents an intensification of use and and the sale of distilled spirits would potentially contribute to an increase of traffic, parking, noise, drunk-driving and crime problems. 8. Harm to adjacent properties will result in that the proposal for an upgrade to a Type 21, Off-Sale General, alcohol license represents an intensification of use and and the sale of distilled spirits would potentially contribute to increase of traffic, parking, . an no~se, drunk-driving and crime problems. - 8 - OOO~O . It e 9. The proposed use is inconsistent with the objectives of the General Plan in that the proposal for an upgrade to a Type 21, Off-Sale General, alcohol license represents an intensification of use and and the sale of distilled spirits would potentially contribute to an increase of traffic, parking, noise, drunk-driving and crime problems. Prepared by: D. Kenyon Webster, Planning Manager Susan White, Assistant Planner Attachments: A. Municipal Code and General Plan Conformance B. Notice of Public Hearing C. statement of Official Action for cup 546 dated 11/2/88. D. statement of Official Action for CUP 90-074 dated 3/12/91. E. Letter from Murray Weber to Staff dated 2/7/92. F. Letter from Murray Weber to Planning Commission dated 2/13/ 92. G. Memorandum from Larry Horn & Ca1isse Lutcher, Santa Monica Police Department to staff dated 2/24/92. H. Alcohol Outlets Within a 500' Radius of the site I. Radius and Location Map J. Letters dated 2/16/92, 2/19/92 & 2/25/92 to Planning commission. K. Plot Plan & Floor Plans. pcwordjmontwine SMW 02/26/92 - 9 - 00 i' ~ -1 e e . ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Land Use Category Element Municipal Code project Permitted Use Retail sales Retail sales - -- of alcohol of alcohol conditionally conditionally permitted. Upgrade from existing Type 20, Off-Sale Beer & Wine to Type 21, Off-Sale General, alcohol license requires a CUP. Moratorium status N/A .. OOO'?2 . - 10 - e e OFFICIAL NOTICE OF PUBLIC HEARING Subject of Hearing: Conditional Use Permit 91-041, 625 Montana Avenue, C2, Applicant: Murray Weber, Montana Wine Company A Public Hearing will be held by the Planning Commission on the following request: Application for a Conditional Use Permit to allow a Type 21, Off-Sale General, alcohol license for an existing wine retail sales establishment with a Type 20, Off-Sale Beer & Wine, alcohol license currently in place. Suspension of the Type 20 alcohol license by the Department of Alcohol Beverage Control (ABC) will occur unless the establishment comes into compliance with a state statute requiring that 50% of all retail sales on-site be from non-alcoholic products. The applicant has the option to apply for a Type 21, Off-Sale General alcohol license. A Type 42, On-Sale Beer & Wine, alcohol license for purposes of wine-tasting in conjunction with retail sales of wine is pending with the ABC. (Planner: Susan White) ,. TIME: WEDNESDAY, March 4 , 1992 AT 7:00 P.M. LOCATION: COUNCIL CHAMBER, ROOM 213, CITY HALL, 1685 MAIN STREET, SANTA MONICA, CALIFORNIA The City of Santa Monica encourages public comments. Interested persons may comment at the hearing, or by writing a letter. Letters should be addressed to: Planning Division, Room III 1685 Main Street Santa Monica, California 90401 Attn: Susan White, Assistant Planner Information on any application may be obtained from the Planning Division at the address above or by calling (310) ~58-834l. The meeting facility is handicapped accessible. If you have any special needs such as sign language interpreting, please contact the Office of the Disabled at (310) 458-8701. Pursuant to california Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the Public Hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the Public Hearing. S - 1 - OO()"~ ---------- - e e Esto es una noticia de una audencia pUblica para revisar applicaciones proponiendo desarrollo en santa Monica. Si . deseas mas informacion, favor de llamar a Elsa Gonzalez en la Division de Plantificacion al numero (310) 458-8341. pc/nt041 SMW APPROVED AS TO FORM: D. KENYON WEBSTER Principal Planner . -" ..., nOd IJ 1 L5 - 2 - . ($500.00) in support of or in opposition to any candidate or measure shall file with the City Clerk notice of such expenditure within ten (1.0) days of making such payment, except that any expenditures made within ten (10) days of the election shall be reported to the City Clerk no later than twenty-four (24) hours after the close of the election. Notices shall be filed for each Five Hundred Dollars ($500.00) of expenditure. SECTION 11219. Filinq of statements. (a) Each candidate and each committee supporting or opposing a candidate or candidates or any ballot measure and each member of the Santa Monica city Council! Santa Monica Rent Control Board, or any other elected office of the city of Santa Monica, shall file with the City Clerk each statement required under Chapter 4 of Title 9 of the Government Code (Political Reform Act of 1974). (b) In addition to the disclosure requirements of the Political Reform Act, candidates, their controlled committees and other committees primarily formed to support or oppose measures or candidates covered by this Chapter, shall disclose all contributions cumulating Fifty Dollars ($50.00) or more, by providing the amount of " the contribution as well as the name, address! occupation, employer, and employer's address of each - 14 - . .. such contributor; and shall disclose all expenditures of Fifty Dollars ($50.00) or more, by providing the amount of the expenditure as well as the name and address of the recipient and a description of the consideration for the payment. SECTION 11220. Printed Literature. All literature that is printed by or on behalf of any person, candidate or committee including, but not limited to, small cards and billboards, shall be identified with the name and address of the candidate or committee, or chairperson and secretary, or at least two officers of the political group or organization on whose behalf or order the same is printed. If the literature is printed on behalf of any person or group of persons who are not also a candidate or committee, the person or group of persons shall be identified. Such identification of said persons shall be printed legibly and shall be appropriate to the size and type of the literature, but in no event shall such printing be less than in six (6) point type. Compliance with Government Code Sections 84305 et seq. shall be - deemed compliance with this Section. " - 15 - e e of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that there is only two other alcohol licenses within a 500' radius of the site and in that the conditions for approval will minimize the potential affect on the adjacent residential uses. CONDITIONS OF APPROVAL l. The sale of wine shall be limited to bottled wine for off- site consumption. 2. Plans for signage shall be subject to review and approval by the Architectural Review Board. 3. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subj ect to Planning Commission Review. construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 4. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 5. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.5 gallon toilets and 1.0 gallon urinals and low flow shower head.) 6. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. - - 3 - GOO"? e e 7. This determination shall not become effective for a period - of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. VOTE Ayes: Farivar, Nelson, Lambert, Mechur, Pyne Nays: Abstain: Absent: Kaufman, Hecht I hereby certify that this statement of Official Action aeeurately reflects the final determina.tion of the Planning Commission of the city of santa Moniea. signature date .- print name and title PCjstcup546 DM 11/04/88 000')8 - 4 - e e - STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: conditional Use Permit 90-074 LOCATION: 625 Montana Avenue APPLICANT: Montana Wine Company CASE PLANNER: Susan Hhite, Assistant Planner REQUEST: Appeal of a Planning commission approval of a Conditional Use permit to allow wine tasting and wine tasting classes on-site in conjunc- t~on with retail sales of wine in an existing shopping center located at 625 Montana Avenue and a request for approval of a proposed 1,200 square foot expansion into an existing retail space adjacent to the east side of the store. / CITY COUNCIL ACTION 3/12/91 Date. Approved based on the following findings and subject to the conditions below. X Denled. Other. EXPIRATION DATE(S) OF ANY PERMITS GRANTED: 3/12/92 CCP 90-074 ~E~GTH OF ANY ?O$SI3LE EXTENSION OF EXPIRATION DATE(S) 6!~2/92 C~p 90-07~ CONDITIONAL USE PERMIT FINDINGS ~. The proposed use is one conditionally permitted within the subject distrlct and complies with all of the appl~cable provisions of the "city of santa Monica Comprehenslve Land Use and Zoning ordinance", in that the C2 zone permits specialized retail uses, and conditionally permits the sale of alcohol for on-site consumption. - l - 000'19 D e e 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that there are only 2 other establishments with alcohol licenses within a 500' radius of the site. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the site is currently developed as a retail center. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the existing uses in the retail center are similar specialized retail uses. 5. The proposed use would be compatible wi th existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the use is conditionally permitted in the C2 zone as an alcohol use. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that tha p~oposed use would not be detrimental to public health and safety, in that the use would take place within an existing retail center. 7 . Publ1c access to the proposed use will be adequate, in that the existing retail center is adequately served by existing streets. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the use is oriented toward the commercial street, away from adjacent residential properties. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Element pOlicy 1. 7.1 requires that fl... a majority of the ground floor street frontage on a block by block basis be uti- lized for neighborhood commercial uses" and this policy is fulfilled. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the conditions of approval for the additional al- cohol license would mitigate any negative impact on adja- cent properties. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the city of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the use is not governed by the applicable chapters. 00' '0 lJ.) - 2 - e e _ 12. The proposed use will not result in an overconcentration of such uses in the immed~ate vicinity, in that there are only 2 other similar uses with alcohol licenses w~thin a 500' radius of the site. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial just~ce be done in that the proposed use is one conditionally permitted in the C2 zone. 2. The proposed use is compatible with existing and potential uses within the general area: traffic and parking conges- tions will not result: the public health, safety, and general wel fare are pro't.ected: and no harm to adj acent properties will result in that the alcohol sales would be limited to bottled wine and that on-site consumption will be limited to wine tast~ng and will occur in a controlled manner. 3. The welfare of neighborhood residents will not be adverse- ly affected in that the proposed use would be oriented toward the commercial street, away from adjacent residen- tial properties. 4. There will be no detrimental affect on nearby residential- ly zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that there are only 2 other alcohol outlets within a 500' radius of the site and in that the conditlons for approval will minimize the potential effect on the adjacent residentlal uses. CONDITIONAL USE PERMIT CONDITIONS Spec~al Cond~tions 1. The proposed expansion to the east of the ex~sting retail space shall be limited l.n use to retail sales of wine only. There shall be r.o expansion of rights for the ap- proval of the wine tast~ng service. 2. The wine tasting activity shall only take place on the fl.rst floor in a designated area not to exceed ~70 square feet. wine tasting activity, in conjunction with retail sales of wine, shall take place only after 5 p.m., Monday through Friday and durl.ng retail hours of 11 a. m. to 6 p.m., Saturday and Sunday. 3. Only persons 21 years of age and older are permitted in the wine tasting area. 4. No more than three (3) bottles of wine may be open at any one time during approved wine tasting hours in conjunction - 3 - 00011 e e with retail sales of wine. A maximum of three, one half ounce portions of wine may be served per person within a - 24 hour period. 4. Activity within the first floor wine tasting area is limited to serving of wine beverages only and small pieces of bread during supervised wine tasting classes for cleansing of palate only. No other alcoholic beverage or incidental food may be served on the premises. 5. A table and chairs shall be provided for Wlne tasting classes only. The number of persons and staff shall be limited to 14 for the wine tasting classes at anyone time. 6. No advertising or promotion of the wine tasting service shall be made in the media or the yellow pages. wine tasting classes may be advertised in the Montana Wine Com- pany newsletter only. 7. Wine tasting classes shall only be held when retail sales are not in effect. Wine tasting classes are permitted after 7 p. m., Monday through Thursday and after 6 p. m. , Saturday and Sunday only. No wine tasting cla~ses are permitted on Friday evenings. 8. The applicant shall be on notice that future standard al- cohol conditions which may be developed shall apply to this project 1f the conditions are 1nstituted prior to final building 1nspection of the first floor wine tasting area. Plans 9. This approval 1S for those plans dated November 21, 1990 a copy of Wh1Ch shall be maintained in the files of the Clty Planning niV1s1on. ProJect development shall be con- sistent with such plans, except as otherwlse specified 1n these cond1t1ons of approval. 10. The Plans shall comply with all other provisions of Chap- ter I, Art~cle IX of the l1un1cipal Code, (Zoning Or- dJ.nance) and all other pertinent ordinances and General Plan policies of the city of Santa Monica. 11. Minor amendments to the plans shall be subject to approval by the D~rector of Planning. An increase of more than 10% of the square footage or a significant change in the ap- proved concept shall be subject to Planning commission Review. Construct1on shall be in conformance with the plans submitted or as modif1ed by the Planning Commission, Architectural Review Board or Director of Planning. Arch1tectural Review Board 00 t) 12 - 4 - ----- - e e 12. Pr~or to consideration of the project by the Architectural . ReV1.ew Board, the applicant shall review disabled access requirements with the BUl.lding and Safety Division and make any necessary changes in the proJect design to achieve compliance with such requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 13. Signage shall be subject to the approval of the Architec- tural Review Board. l~. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 15. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of des1.gn ele- ments; exterior colors, textures and materials; w1.ndow ~reatment; glazing; and landscaping. Environmental Mitigation / 16. Ultra-low flow plumbing fixtures are requ1.red on all new development and remodeling where plumbing is to be added. (Max1.mum 1.6 gallon toilets and 1.0 gallon ur~nals and low flow shower head.) Miscellaneous Conditions :7. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or res1.dents by reason of lights, n01.se, activities, parki:1g or other act1.ons. :8. Street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specif~cations and ~1.th the approval of the Department of General Services. Valld1.ty of Permlts 19. In the event permittee violates or fails ~c comply with any conditlons of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remed~ed. 20. Hith~n ten days of Planning Division transm1.ttal of the statement of Offic1.al Act1.on, proJect applicant shall sign and return a copy of the Statement of Offic1.al Action pre- pared by the Planning Dl.vision, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential , - 5 - 00013 e e revocation of the permlt approval~ By signing same, ap- plicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed state- ment shall be returned to the Plann1ng Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 2l. The approval of this permit shall expire one year from the permit's effective datel unless the relevant building per- mit, business license or ABC license has been issued prior to the permit expiratlon date. One three-month extension of the one year per10d may be permitted if approved by the Director of Planning. ALCOHOL OUTLET CONDITIONS l. The Santa Monica Police Department shall not be restricted in access to the first floor wine tasting area durlng retail hours or dur~ng wine tasting classes. 2 . No persons under 21 years of age shall be allowed within the first floor w~ne tastlng area and signs shall be posted to this effect. 3 . Serving of alcoholic beverages is restricted to tasting of Wlne in conjunction with retail sales of wine after 5 p.m. only, Monday through Fr1daYt from 11:00 a.m. to 6: 00 p. m. , Saturday and Sunday I and during supervised wine tasting classes after 7 p.m. , Monday through Thursday and after 6 p.m. I Saturday and Sunday. Wine tasting classes may be conducted only outs1de of regular store operating hours, due to parking demand. A The Hontana Wine COT.'lpany shall provide a driver to any '"T . 1nebr1ated customers or wine-tasting students. 4 . Servlng of food othe~ than bread shall not occur in con- junction wlth the W1~e tasting activity. Any expansion of -:.he reta1l bakery 1S subJect to approval by the Planning Director. 5. No danc1ng or llve entertainment shall be permitted on the premises. 6. No change ln lntenslty of operation shall occur without prlor approval from the Clty of Santa Monlca and State ABC. I . Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than 10% of the square footage or a slgnificant change ln the ap- proved concept shall be subject to Planning Commission review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board, or Director of Plannlng. - ~. - o 0 ~l ~ ~ . e e 8. The applicant: shall comply with all legal requirements . regarding provis~ons for the disabled, including those set forth in the California Administrat1ve code, Title 24 I Part 2. 9. Refuse areas, storage areas, and mechanical equipment shall be screened in accordance with Sec. 9127J.2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. lO. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking I or other actions. 11. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 2.2. Alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 13. No video or other amusement games shall be permitted on the premises. ~ ::"4 . Within thirty (30) days from date of approval ( if ap- proved) the applicant shall provide a copy of the state- ment of Offic~al Action for this approval to the local office of the State Alcoholic Beverage Control department. 15. This permit shall expire one year from the effective date of approval unless required ABC permits are obtained. One three-month extension of the one-year period may be per- mitted if approved by the Director of Planning. Prepared by: Susan Whi~e, Ass~stant Planner ,.rOTE Ayes: Abdo, Genser, Holbrook, Katz, Olsen, Vazquez, Zane Nays: Abstain: Absent: NOTICE ~~ th~s is a f~nal decis~on not SUbJect to further appeal under the c~ty of Santa Honica Comprehensive Land Use and Zoning Or- dinance, the tlme w~thin wh~ch judiclal review of this decision ::lust be sought ~s governed by Code of civil Procedure section 1094.6, which provision has been adopted by the City pursuant to Munic~pal Code Sect~on 1400. - 7 - 0001;) I I / e . . ~ I hereby certify that this StateMent of Of!ie1~Action ac~~rate- ly reflects the final determinatl.on of the city Counc~l of the City of Santa Monica. . ,~~' :~ [/,-q(~~17rJ:4/' ," :' 1/ signature,/"" date Beth Holmes, Ass~stant C~ty Clerk Please Pr1nt Name and T~tle I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. < ~ ..4;.....~l~.....\...A 1,...i'L..~\.f ~-~..A~,t.{..f '- ~ <..... , ,f i Appl~cant's Slgnature "-J '~~'y'\. V'I:~, _~ _ ~ ,.'-\j ; ev..., _, - ~ I. <;: ......_'.1 Pr1n~ Name and T1tle ~" PCjc:c625 SMW . - 8 - OOi)'H} -,..- - -- ------ -- - e e . MONTANA WINE CO. CITY OF S~.~.::, ~~~ON~C\. CITv Pl a\N~(~I!" "=F!r-~ .. i "':11 '1:,11-'... ...... """'L. February 7, 1992 Kenyon Webster "92 FBI 10 P 4 :45 City of Santa Monica Department of Planning and Zon~ng 1685 Main Street Santa Mon~ca, CA. 90401 Re: Montana Wine Company, Inc. CUP 90-074 W1ne Tasting, Wine Tasting Classes on-site in conjunction with retail sales of wine~ Dear Mr. Webster: The above referenced Conditional Use Permit was approved by the Department of Planning and Zoning on March 12, 1991 however the Department of Alcoholic Beverage Control has delayed in issuing our license for this use. As instructed by Susan White of your department, this letter will serve as a formal request to extend the expiration date of the above referenced permit currently scheduled to expire on March 12, 1992 to September 12, 1992. Hopefully this extension of time will be sufficient for the Alcoholic Beverage Control to issue our license. Sincerely, Montana Wine Company ~ .. By: .~ \('Itf,t{( < 1, I!.J , _ '...., . '\. ~ Murray Weber \ OO\}17 ~. 625 Montana Ave. . Santa Monica, Ca., 90403 · (213) 451-4553 45'S - II? i7.. e e fv10NTANA WINE CO. 0 Febru3.ry 13, 1992 .::~ ty of Santa MonIca C~ty Plann~ng DIVIs~on 1685 Main Street, Room 212 Santa MonIca, CA. 90401 Re: Montana WIne Company CUP 91-041 To all PlannIng Commlssioners: The CIty of Santa MonIca approved a CondItional Jse Permit for our WIne store approxImately 2 1/2 years ago and we opened for bUSIness 1n January 1989 WIth an Off-Sale Beer and WIne license. The license was restricted to requ~re that more than 50% of our sales be from non-alcoholic products. We were able to satisfy th1.s reqUirement because the Department of Alcholic Beverage Control ( or ABC" ) requIred Odeon Bakery to be a part of our lIcense. About 8 months ago the ABC changed itl$ P9sition and excluded the Odeon sales. This caused us to fail to meet the 50% rule. The ABC also proposed to revoke our lIcense unt~l we meet the 50% rule and we will be unable to satisfy thls reqUIrement. After several months of negotlation the ABC agreed that we can remain in business only if we obtain an Off-Sale General 1Icense permitt~ng the sale of all Wlnes and sp~rits. ~~eve r the less they issued a ruling that Will result in a ger~anent suspens~on of Clur current Wine lIcense wl.thl.n a few f.1onths (copy enclosed) so we must obtaln the general lIcense promptly. We have spoken to representatives of the groups that opposed our nost. recent approval for on slte wine tastlngs and they are not generally opposed to our selling spirits. We also plan to have ~ mee~lng wit~ all of t~ese prop Ie Shortly to work wlth any concerns that ~hey may 'av~. If necessary we are wllllng to lImIt our license In several respects, although no one In th1S group consl.dered thls necessary. We would also like to be able to satisfy the complete entertal.nrnent needs of our cllentele. Some of the possible areas of 11.mitation lnclude the follow~ng: 1. Use of only 10% of our floor space for the sale and storage of flne distl.lled spirlts; 2. OfferIng only ODe s~ze bottle of any part1.cular product; 3 . AgreeIng by covenant or otherwise that hard liquors shall never be consumed on the premlses. OOH1P r: 625 Montana Ave. . Santa Monica, Ca., 90403 . (213) 451-4553 e e The cost of an Off-Sale General License is a large investment and maintenance of even a small inventory is an additional cost. It is also not at all profitable to sell whiskey and it is a route we tried to avoid, but we also wish to rema1n in business. We understand that there is currently debate about permitting new establishments to sell liquor in Santa Monica, but we are an existing Santa Monica business caterlng largely to Santa Monica residents. This community also seems to be satisfied with the manner in which we have operated under our present license since not a single complaint of any type was filed with the ABC in connection with our recent posting for an amended license to expand our store and conduct on-site wine tastings (and approval by the Santa Monica City Council for this use was unanimous). Also the very site which we presently occupy was until 1986 occupled and operated for many years by a liquor store (The Cock N' Crow) . We would appreciate your consideration in approvlng an Off-Sale General License for the Montana Wine Company. .; Sincerely, {' i mlZ I i!!!.1 ;/ ~ ' L Murr' Weber B:027A cc: Paul Berlant Kenyon Webster Susan White 00019 e BEFORE THE e DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA IN THE MATTER OF THE ACCUSATION AGAINST. ~ontana W1ne Company, Inc. Montana Wine Company 625 Montana Avenue Santa Mon1ca. CA 90403 FILE: 20-228140 REG. 91025999 L-551136 Respondents(s) NOTICE OF HEARING L1censee(s) under the AlcohollC Beverage ON ACCUSATION Control Act. To the partles 1n the above-entitled proceedlng: You are hereby not,fled that a heanng on accusatlon dated August 16. 1991. .,.,,111 be held by an Admimstratlve law Judge of the Dfflce of Admlnistrative Heanngs at 314 West Flrst Street. Los Anfe..!!? Callfornla on Apnl 7. 1992 at the hour of 1: 30 p.m. or as soon thereaf er as the matter can b.e heard. upon the charges made in the aforesa1d accusation. You may be present at the hearlng. You have the nght to be represented by an attorney at your own expense. You are not entitled to the apPolntment of an attorney to represent you at public expense. You are ent1tled to represent yourself wlthout legal counsel. You may present any sU1tab1e eVldence and wi 11 be glYen full opportunlty to cross-examlne all wltnesses testifying agalnst you. You are entlt1ed to the lssuance of subpenas to force the attendance of wltnesses and the showlng of books, documents or other thlngs. The hearlng may be postponed for good cause. If you have good cause, you are obllgated to not1fy the agency wlth1n 10 work1ng days after you d1scover the good caus e. Fallure to notrfy the agency w1th'in 10 days wlll deprive you of a p os tponement. If you are not skillful 'in speak1ng or understandlng the Engllsh language and ask for language asslstance, an lnterpreter wi 11 be made ava1lable at the hearing. You may have to pay the cost of providing an lnterpreter. If you need language help. you are asked to not1fy the Department Hnmedlately. You may ask for an interpreter or the 1ssuance of subpenas by applYlng to the Department of A 1 coho 1 i c Beverage Contra 1 at the nearest 01strict or Division Office or to Department Headquarters in Sacramento. Dated at Sacramento, Cal1fornia -- February 10. 1992 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL By -- Carolyn_Roberson Chlef. Hearing and Legal (916)445-7063 ABC-IOS(S-BS) o 0 {).t 0 e BEFORE THE e ~ DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF TJI~ STATE OF CALIFORNIA IN THE MATTER OF THE ACCUSATION AGAINST: Montana Wine Company, Inc. Montana Wlne Company 625 Montana Avenue Santa Monlca, CA 90403 FILE 20-228140 REG. 91025999 DECLARATION OF SERVICE BY MAIL under the Alcoholic Beverage Control Act. The underslgned declares: - I am over elghteen years of age, and not a party to the wlthln cause; my business address lS 1901 Broadway, Sacramento, Ca11fornla. 95818. I served by REGULAR mall a copy of the fol1owlng documents: NOTICE OF HEARING on each of the followlng, by placlng same in an envelope{s} addressed as f 0 11 ows : Montana Wlne Company, Inc., Montana Wine Company, 625 Montana Avenue, Santa Mon lca, CA 90403 Joshua Kaplan, Attorney at Law, 9171 Wilshlre Boulevard, Suite 430,Beverly Hills, CA 90210 Each sald envelope was then, on February 10, 1992, sealed and deposited 1n the Unlted States Mail at Sacramento, Californla, the county ln which I am employed; with the postage thereon fully prepaid. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 10, 1992, at Sacramento, Californla. /~~_&~~~ ~heba Chastain. Declarant ABC-1l6(8-87) (tn '41 DEPARTMEN'O~ BEFORE THE B~~GE ALCOHOLIC CONTROL OF THE STATE OF CALIFORNIA > IN THE HATTER OF THE ACCUSATION AGAINST } } FILE 20-228140 Montana W1.ne company Inc. } o 1 {, <.:; .:: C.. } REG6.;, 'C,.il# '\.. ~ La;' '\ :- DBA: Montana W1ne Company } , - / } ACCUSATION PREMISES: 625 Montana Ave. Ste uB" } UNDER ALCOHOLIC BEVERAGE Santa Hon1ca, CA 90403 } CONTROL ACT AND STATE } I CONSTITUTION } LICENSE (S) : Off-Sale Beer & W1De I hereby complaLn and accuse the above respondenc(s), hold Lng the above 11cense(s), based on ~ tollowLug statement of facts: . COUNT I Cont1nuance of the above-designated license would be contrary to publLc welfare and morals WLt' the mean1ng of Article XX, Sect10n 22 of Lhe Coost1tut1on of the State of Californla and Sectl 24200(a) of the Bus1uess and Professions Code, in that on or about November 17, 1989, the abo\ des1gnated alcoholic beverage lLcense was 1$sued to th.e respondent-licensee(s) for the abO\/ desLgnated prem1ses, subJect to the followLng cond1tion(s) in part: "The sale of products, other than beer and W10e, measured by gross rece1pts on an annual basi shall exceed the annu.a.l sales of beer and W1ne products. measured by gross rece1.pts." That 1.n v1.olatJ.on of the above-recited condition(s) and on or about June 25, 1991 and L preceed1.ng 12 ~onths, respondent-licensee, did sell more beer and wine than other products, vlolatlon of Sectlon 2380~ of the BUSlness and Professions Code. COUNT II On or about June 25, 1991, a demand was wade 1.n writ1ng of the respondent-licensee to produce boo and records. to-W1 t : Total gross sales of alcoholLc beverages and other related items sold at the above premises, S1.0 Novellrber 17, 1989. . Said demand was made pursuant to an l.nvest.igation Co det.eIlll1.ne if the sale of products I other th. beer and Wlne. measured by gross receipts on an annual basis. shall exceed the annu.a.l sales of be and ~ine produces, measured by gross receipts. Up Co and l.ncluding the date of this accusation. no records have been received, const1.tuting refusal of the l1.censee to allow the Department to examine the above-mentioned records, v~olation of Section 25753 of the Business and Professions Code. DO' 141 - - 1 . - . I . - . - ~ -------- -~- ---- - - - ----- - -...""'------ - -- 20-228140 ( ( ~ONT;NlI, l';I!lJE CQ"1PAI\Y, It-;e e ?.:.ge 2 . for the purpose of the lmposlclon ot penalty, If dny, arI.Slng from chls proceedl.ng, It 15 fur[lh alleged that the respondent-llcensee(s) has suffered the followlng dlsclpllnary hlstory' DATE vrOLATION pP.NALTY REG. NO 5/1/91 24200(a&b) Pendlng 24444 25658(a)B&P , . . ~ Llcensee(s) PreVlOUS Record: Llcensed as above Sl.nce November 17. 1989, with the above I1ste( dlsclpllnary hlstory. (l) That by reason of the foregoing facts. grounds for suSpenSH)n Or revocatlon of such h.cense(s eXlst and the contlnuance of such licensees) would be contrary to publlc welfare and morals. a set torth w Artlcle XX, Sectlon 22. State ConsCltution, and Sectlon(s) 24200(a) and (b) of the BUSlness and Professlons Code; - (2) Other prOV1Slons violated: See each count. WHEREFORE, I recommend that a hearing be held on this accusation. Dated this If- day of t'&(z 1991. ~$~ Oon,f3 / ;/ DistrIct AdlllIstrator Coatrol le~ DepartJeDt of AlcoholIc BeveragE STATEMENT TO RESPONDENT(S) UnleSS a wrItten request for a hearing signed by yoa, or OD your behalf, is delivered, or .alled, to the Departlent of Alcoholic Beveraqe Coatrol WIthin fIfteen 115) days after the foregoing accusation vas personally served on you or allIed to IOUI the DtpartJent of AlcoholI' Beyerage Control laY proceed upon the acclllatlon without a hearu~ to tate actllln thereon as ~ro'lded by avo The request for a heariaq lay be lade by delIverIng or lalling tbe focloserl fori fotitlej: Notltf of Defense', Of hy ellyerlng or lal]109 a Notice of Defense tc the Departlent of AlcoholIC Beverage Control, 19D1 BroadYaf~ sacralento, California 9S818, as prOVIded b) Section 11506 of the Goverllent Code. ThE 'HotIce of Defense' forwarded hereWIth, if signt IDd returned to the Departlent of AlcoholIC tverage COntrol, shall be dee.et a speCIfic denial of all parts of the accusation, bat JOu viII lot he rerlltted to raise an~ obJectlol to the fori of the Icc.satioD, unless fOU flle i further Hotiee of Defense as provided, In SectlG. 1150 of tbe GOVetD.elt ode wlthlD said 15 days Ifter servlce of saId accusitioD UPOD fOU. Iou II' but need aot, be represented by counsel at any or ill staqes of these proceedings. The hearing lay be postpoDEa for good cause. If rou have good cause, Joa are ob iged to notify this agency vlthiD 10 wortiag days after JOU discover the good'cause. railare to notify this aqency Iltbin 10 days viII deprive yoa of a postponelent. 1.Bc.JOO (S-SS) e e Ster-t of !teft !3 . Mes!lage. Dated. 02/24/92 at 0845. SubJed MONTANA WINE CO CUP # 91-041, Sender-. Kenyon WEBSTER I LUTMD/01 Contents : 10 TO: SU5en WKITE 1 LUrMDf0i F'er-t I TO: Susan WHITE I ~JTMO/01 CC Shar-l LAHAM 1 LU7MO/01 Oavld MARTIN f LUTMD/01 Par-t 2 FYI Pllr-t 3 TO, Kenyon WEBSTER f LUTMDf01 Par-t 4 . the e-fIIell fr-ofll John r-e the Wlne Co. I'll for-wer-d fIIY r-e~ly next Po!Ir-t 5. TO. Paul BERLANT f LUTMD/01 CC: Lynne BARRETTE 1 MGR/01 .. J11'I BUTTS I SMPD Par-t 6 Fr-ol'l Bob Taylor- at PD ""ny cOfll!ltents? Pert 7 TO John JALILI / ~GR/01 Part 8. FYI, and r-esponse Par-t 9 FROM: Lar-r-y HORN I SMPDI01 Cells5e LUTCHER f SMPOt01 TO' Bob TAYLOR I SMPO/01 Par-t 10 Based on the Ulce Unlts lnvestigatlon of the Montana Wlne COfllpany, we would r-eqUe5t a denlal of the e5tabllsh~ent recelvlng a Type 21, Alcohol Llcense. We have had one lucces!lful decoy at the establlshl'lent Also ther-. has been vlolatlons of their eXIsting Conditional Use Perl'llt (CUP), the conSUl'lptlon of alcohollc bever-age at the baker-y adjacent to the WIne Co. With thu, the Wine Co, ha! Falled to l'Iai"ta1n their 50% alcohol 5ele~ ~~th food sale!, We found that the Odeon Baker-y 15 in fect not ln as.oclet1on ~lth the W1ne Co. Therefor-e, the W~ne Co cannot llve uc to thelr current alcohol license We al.o found that the Wlne Co. 1. cur-r-ently plannIng to expand to the busI- ne5S dIrectly to the east, SUIte #13 In the pa~t, atte~pts wer-e ~ade ver-bally, to request cOfllollence of their curr-ent alcohol l1ce"5e and CUP. We have found thel'l to be uncooperatjve. It 15 our feellng that the lS5uance 0' a Ty~e 21 Llce~le, allOWIng full offssles llouor 11cen5e, wlll eventually allow the locatIon to beco~e s full serVIce "LlqUor Stor-e" End of Itt!!'l 9 000"1 G. e e .. . . - .. . . ~ l.I.J ~ ~ l.I.J > "'" '" . .. '" SOl f .. 0 ... J ~ " i . K ; L . ! . 1 . ~ ;; 'Ol I '1& ~ I 2~ l 1A SII liDl f 11 II ~.sa: - I' . e 33 . ~ w i ~ i u 1 T ~~i 0 ~ P -: 0 1 N P.' r gu ~LCOHOL OUTLETS WITHIN A 500' R~DIUS OF ~HE SITE 7H CUP~I-O.q.J LEGAL DESCRIPTION uns '7-1" $K &.. PAUs.A1>FS CASE NO ; STREET ADDRES~ ''2S ~mAAJA AVF. ZONE_ c.z. APPLICANT MUR'~AV ~f=BU D~~ (10, OATE_ PUBLIC 3o/..:t IqZ RADIUS MAP FOR HEARING DATE I' [P[!Ji\[M ~ ~1NI@j (9)~l?MlrlN ~iM1i ana, Referel'tce S-t-Jh--.-. Atlas Map " Shut No CAlLlFCllNIBA H. e e ~ - ~ K ~ ~~L;; I .. I n I > - ya.u..no -. - . - . - ~oiiRT - . -.. . LI"ICOG, " ~ v 14 : "/.. '. .. , .. I " . .. I .. OS' ...; .. '. .. . .. I. .. J .. .I~. , " . ., Ij' ... .. I K "...... ":.. I ,- J. I '; 1"> ~~ J w ~ . iI .1- jIO; E ~ IJ-: -IC .'''.l~ Ii '! ~.s ~ S;.:i1 :::) - '~;;ii!1 . ;:;;;t:..~. - , '. % 'J 16 I 11 i to 2'; 12 ! 21 1 l' 11! n ,!It i 31 . n ! J S4 ~ ! 100 ,i2 u ~ 3 Yi)~p'!) N l/. ....., : ",: Ii. : i. ~~ ~ .. . !ill ..... .~'k.P loG SOl! ~ aoULEVARO ... j " .. , .. I ... , .. I " I"" i~' '" , I I I ID i II tt I .S ".4 15 tt " 1 I I I.. '1 , :I.d · '=~.l '!l_ - '"I ~. '" "';1 OJ' . . ' . ,. I . ,. ., _ ,_ . ., _ i . , . ,~ .. . . 1& t ] WuaT 11 .. "i." "I 1.....I..i...l":.. ..'..~..'..8.. . ....' I Q I , n J - A . .' ~1 0I.' ~ l.1 "/ ~ 'l ... · - ~ .t "1' to 11 ;. ~:Ii ~ ~r U I n !1~ ~ I It ~ 10 'I "t [_ <oJ " _ j .. . H" ... '" .. ~.. ~ .., '" .. I.. .. I or-' ....1 ~ '\ml . ~ ~......\EET :I ~ ~ ~ - " 611 601 E 1 I IA. !I t ~ I I"...... 7 ""'5& ~ " ~ ~ ~!if . ~ , J'~ w D~ ~ 33 V I U :. T M i Q !P ; 0 ! '" i M . ,.. :ol . I I lpo..... r '.:A. _ I __ I "Tl-I LEGAL DESCRIPTION J..dTS '7-1'8 au< 5,. P,ALl~1>FS CASE NO CUP Cll - 04- j STREET ADDRESS "2S MtJWTAAJA AVF. ZONE' C. Z APPliCANT MUR:R'AY IUfBU 'P~~ t!P, DATE_ PUBLIC / Ll.. j.i'::l RADIUS MAP FOR HEARING '3 ---,- ~I'Z.. DATE [P1!J,\~lMOlM@ [Q)~[F>Mlr~~~ir em OlF Reference S Jl1 .401101 Map '" I' . $n..t No ~ Oft....eA' aUFOlllNlDA onn-tr. L e e Javld Clayoerg 1754 9th St. Apt .::: Santa t-Aonica. Cn 9JL04 CITY OF ~t;~. ~- MON~::;-. CITY PlANN:'l;3 OFF!CE Feb. ' ;- 1992 1.0, "92 FfB19 A8S8 Dear Sa~ta Monica City ~lar.~ing Comm:SSlon: Ps a Clty resldent and patron of the Montana Wine Comoany, ~ ~ould like to urge you to lssue the general offsale llcense for which they have 8opllec. - 80Dlaud your efforts to ~eeD a tight reln on the grcwth - ....; alcchol-relatec businesses l'l Santa Monlca, esoeclally 2lang the T~iro Street Promenade. I do feel, however, t~at :~= soirit of this idea (if yOt.: wlll wardon the pun) is to - - ::'imi t the amount cf new bars being bUllt, not to punisn our friendly neighborhood wine merchant. TC8 ~any bars can bring raucous clientelle, parki0g sroblems, and crunk drivers. Certainly no one can say the same of a 5'"1811 IInne shoo. T'Ia'lK you for respondlng so well to the needs of your Dublic. Yours truly, - /J /1 r / / // // .' ~ 41 // . i.../ ~ (,4)/ - /', ,. -----. . ~ ~ . .--" ----- IV David G. ClaYbe~g Ol)n"'" - J ---- - ~~'" j - i · ~ """- '" ~ ~ - PU: " :f:c- '" ~. J'- . :",:..,;. ~ J ~~~~ . ~ I ~.~ ~ ~ '~.~ ~~ ~ ~ ~ ~i ~l ~1~;t~ ~ i'~ 4 ~ ~ ~ ~ " ~ ~ ~ ~ . o' ~ h ' ~ . ~ ~ J . ~ .1 :f <i~ ~ ~ E ~ ~ ~ ~ ~ ~ . ~ ~.~ t-\~ ~ ' ~ ~ ~ ~ ;~ 1 : 1 VJ -:::c ~ \'- · ~ ~ IY) "'" OOO!S , . e CITY OF S:':.- \ vr' -.~ 1 CITY PLAU1 '.. ~ t,.;~!!:~- ~" \; v~rt:f "92 fEB 25 A8:S~ cc,\^c€vy ) : ~ ....f-.r--- Ct'- '"' \ ..... . ..... ",,-- ~ . ~~ ,- THREE BlIG5 fUll '\ 0 .... ~ ,,<> .,.r' "- ' C\ (..,.. So , ' CO C'- ~ .--;.i'>-" 1\ '" C- 'j L> C"" .' C- . ,(..0 'l'" , . ' ...... "- . . .-' \."" . _.,...., .~cc~-" .... 0- ' ,D-- ,!'\ ~ "",0"" ~- '^ <>'-- I~-) . ~,,\.,...' . ,,"\0"-' ,v- ._____'=-" C '" ...... " '" .-\.,0---- -'<- """ E.' ~ <(V' e v- ~ ,'\.0 ,,-' 'a..'_v''''''~ .,&- ,.,..~ t...-.,.....,"\ e.- .~~ ~ -~. (f-r2- v - ,. "",,,,<< '0 -'<- "". \., e.'~ , t.. l>~ "- c-. 1 ~! e. ,..; c' ~ ~" . "",0 0 ~. v' ....,. '^- ,,~~ ,<,-,-" "- . C0.r ","-' '" ev" <; 'M) ,,"'" ,,<1. '\ E- l -,;\,""'-k- C" f ~O '" '" 0'- (; 0 () -",\,,~c.,v,'L ~\"'''' . \.- S .......-. c. e. "-/-.:t.. -c I tJ. _ ~0~ :; ~ '" '\ \" ",," ~ 0<.''0 <;. rc~S\ ~~M ~~~ ",,=,_-:"':l ....0 .... .,. c:::'6g .,.-"" :='J~O 5~~ - '" ;:;'00 ~ ~iJ,~ ,;::::'U-o:!o ~~~ ~~~ ~~l ~fh~ . ~ ~1, =J.~ ~~! 00(1/\ 9 ::r e e MONTANA WINE CO. February 25, 1992 CITY ~i= ~." - · l,!r1-' -- u. ....'- ..-.,. t _.1"_00--' CITY PlANt-l \,. -: 0Fl:fC( Susan White City of Santa Mon~ca VZ FEB 26 P3S6 Department of P1ann~ng and zoning 1685 Main Street Santa Monica, CA. 90401 Re: Montana Wine Company CUP 191-041 Dear Susan: As you are aware we are scheduled for a hearing before the Planning Commission on March 4, 1992 to amend our existing Condltional Use Permit to an Off-Sale General Liquor License. At our hear~ng last year for expansion and wine tast~ngs, Jerry Bass representing the Early Years School and Margaret Bach representlng the Roosevelt School PTA spoke in opposit1on. We felt it would be useful to meet with these two groups in an open setting to discuss any concerns. We spoke with Cindy Lederer, the new President of the Roosevelt School PTA and she expressed no opposition to the new license. She is willing to meet if a group meeting can be arranged. I called Jerry Bass on three occaSlons and spoke with his wife, Stephanie Barbeneau who agreed to call back to schedule a meeting however at this point she has not done so. We had hoped to deal with any concerns by these groups beforehand, so the Planning Commlssion would not be burdened with an unnecessary debate and we hope that the Commission will take this into account. "Sincerely, /' -:--- [{f' - / / J/1 /'1~. / ,- - ' I //{I(/lj '/{t0JvfAJ &Janne Prescott /B:045A 00030 625 Montana Ave. . Santa Monica, Ca., 90403 · (213) 451-4553 --- -- ---- - -- . I " . ... ... \' ;I'" q." R iii ~ ~.:: ~ It . a ~ t ~ I l 5 ~ Ll!! a '" '~n ~, it I'm ~ I ,p t In In ~ i J r U~i t'l If hll - , Ji"'t H~'\ -\ .iJ~ I.I~} l~.~f- ! Ii } tIt J I ril ! It a.H! I' In! I i \ ~i I 1!:JIJ!1 ~ft Ipl r I ; I - I li\ z. :"191 I 1 ~ . i I I r, L.f.. .::.: ~ "i ~ ~ , .- J I , \ _ ~ '\ to : 1 ;.. r. \ r== \. r-- .. III I I i I J . ]j , i'-...... ~ 't "l~ i ,"., : I I ~' \ _ it 1 . - -- I ' . ". i,~ :-' ! ~ 11 I :- ~~ i . ~.I . ! . . I' -, I !. .;Ul!~ !. 'f ! ~-' I. I ;..' , L.._.; ; I ......... =,. .,.\ I \ \ p~ I DO ) ;'.., .r fj[ -...... ' \ '. . ~ t \ ~l '\~',... ~.--__________h_____~ \-P . n ~-----------------_u-:1 , t lIt'! "'"-----.. 1 I l~':! r.r ~ '......... I 1 fA' I "4 { _ I~ j{~~ 0 0 ~ 0 0 G n i ; 1 . ~II i ~ t ~. J : . ----~~.. J.....--.- -.-[ --,-.-- ._-- \ no n. .... 1 --.- - 1.;...L.. . . I P. _ :.: ~: :! :' ... -'''' --- _ _ ~ 4Tf ACH N1 t:= t-...tj"'" K l i AL LE: Y e .. -t~!. ..;J:-~... - j , -.. 't'f> . , f Z . ir . P~Q.IL IN {i<{ 0 I ~ . . ... - II .~ i K { at ~ . 4 4 l'~ II .... '"... ..<I ~ " I . t~ Y' .... .... ., .. ... .. I 8:! I( ~ t k , Ci S. I i c:. , p , ...,. 1 t; I ~ f ~ ~ ... . ~ II ...I . .. 1 -.J ..n ~ '2 ,,- :::.l ClI > <: C>.. ... ~ r ~ In 0 z.. i .... , e c:. i ~ ~ \'\'\ c .... " . ~.# ~ j! '> ~ 1r u I,'j .. ~ "-3 <II: dI . .-: "T7'" ..,...... "2 "Z .. 0 '5 w &J ~ " , oQ i ':l "2 I Q 1 ~ ~ ~ \I - ; !!f .. '"' c. I .. -! Q ..J J .. , (\. IIfPU{JNrl.i, & i OlJ\,S2 " 3(\ N"3A'J 't1 ('f:V1NQ\f.J proponent(s) of any such petition must comply with all other applicable sections of the California Elections Code including, but not limited to, any requirements relating to the filing of a notice of intent to circulate petition, summary and title prepared by the City Attorney, any publication or posting obligations, any time limitation for securing signatures, and any filing requirements. (a) Sample Initiative Petition Format. The form for an initiative petition shall be substantially in the form set forth in Exhibit A. (b) Sample Charter Amendment Petition Format. The form for a petition to amend the city Charter shall be substantially in the form set forth in Exhibit B. (c) Sample Referendum Petition Format. The form for a referendum petition shall be substantially in the form set forth in Exhibit C. (d) Sample Recall Petition Format. The following form for a recall petition shall be substantially in the form set forth in Exhibit D. SECTION 11229. Acceptance of Petition. Prior to circulating a petition, any person may request a determination from the city Clerk that the petition form is in substantial compliance with the form required by Section 11220. The city Clerk shall have seven (7) days from receipt of a petition for - 20 - NOTICE OP DEVELOPMENT PROPOSAL To: Concerned Persons From: The city of Santa Monica subject of Hearing: Appeal of conditional Use Permit 91-041 Address: 625 Montana Avenue Applicant: Murray Weber, Montana Wine Company Appellant: Kelly Olsen A Public Hearing will be held by the City Council on the following request: Appeal of a Planning Commission Approval of Conditional Use Permit 91-041 to allow an upgrade from an existing Type 20, Off-Sale Beer & Wine, alcohol license to a Type 21, Off-Sale General, alcohol license for an existing retail wine sales establishment, Montana wine Company. Suspension of the Type 20 alcohol license by the Department of Alcohol Beverage Control (ABC) will occur unless the establishment comes into compliance with state law requiring 50% of all on-site retail slaes to be from non-alcoholic products. The applicant has the option to apply for a Type 21 alcohol license. A Type 42, On-Sale Beer & wine, alcohol license for purposes of wine-tasting in conjunction with retail sales of wine is pending with the ABC. (Planner: Susan White) TIME: TUESDAY, May 12 , 1992 AT 7:30 P.M. LOCATION: COUNCIL CHAMBER, ROOM 213, CITY HALL 1685 MAIN STREET, SANTA MONICA HOW TO COHHENT: The city of Santa Monica encourages public comment on this and other projects. You or your representative, or any other persons may comment at the City Councills public hearing, or by writing a letter. Letters should be addressed to: city Council, city Clerk's Office 1685 Main street, Room 102 Santa Monica, California 90401 MORE INFORMATION If desired, further information on any application may be obtained from the City Planning Division at the address above or by calling (310) 458-8341. - 1 - 00,,1:),1 P The meeting facility is handicapped accessible. If you have any special needs such as sign language interpreting, please contact the Office of the Disabled at (310) 458-8701- Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the Public Hearing described in this notice, or in written correspondence delivered to the city of santa Monica at, or prior to, the Public Hearing. Esto es un aviso sobre una audencia publica para revisar applicaciones proponiendo desarrollo en Santa Monica. Esto puedo ser de interes a usted. si deseas mas informacion, favor de llamar a Elsa Gonzalez en 1a Division de P1antificacion al numero (310) 458-8341- PCWORDjtempccpn pcjntc041 SMW APPROVED AS TO FORM: D. KENYON WEBSTER Principal Planner - 2 - O()d;~ . .. :x>o ...j .....: :x>o ,..., ::r :s: t"l z -3 : - : o (h'j '\6 e ( BEFORE THE B"E~GE DEPARTMENT OF ALCOHOLIC CONTROL , . .., OF THE STATE OF CALIFORNIA IN THE HATTER OF THE ACCUSATION AGAINST } } FILE 20-228140 Hon~ana Wine company Inc. } } R;:'~'. (1 1 {} t:' ,~ L \ ; -4-l .L~,:,\ ~# __ .....l ~"",.J '\..: ~ . DBA. Montana Wlue company } } ACCUSATION PREMISES 625 Montana Ave. Ste uB" } UNDER ALCOHOLIC BEVERAGE Santa Monica, CA 90403 } CONTROL ACT lUrn STATE } CONSTITUTION } LICENSE(S): off-sale Beer & W1ne I hereby complain and accuse the above respondent(s), hold~ng the above 1~cen5e(s). based on the follow~ng statement of facts: . COUNT I Cont1nuance of the above-designated license would be contrary to publ1c welfare and morals with1n the mean1ng of Artlcle XX. Section 22 of the Constitution of the State of California and Sectlon 24200(a) of the BUS1ness and Professions Code, in that on or about Novewber 17, 1989. the above- des~gnated alcohollc beverage license was 1ssued to the respondent-licensee(s) tor the above- ces1gnated premises, subject to the follow1ng cond1tion(s) in part: "The sale of products, other than beer and W1ne, measured by gross receipts on an annual bas15, shall exceed the annual sales of beer and W1ne products, measured by gross rece~pts." That in violatl.on of the above-recited condition(s) and on or about June 25. 1991 and the preceed~ng 12 months. respondent-licensee, did sell more beer and W1ne than other products, 10 v~olatlon of Sectlon 23804 of the Busl.ness and Professions Code. COUNT II On or about June 25. 1991. a demand was made 1n writ1ng of the resf>(lndent-licensee to produce books and records, to-WIt: Total gross sales of alcoholic beverages and other related items sold at the above premises, Slnce November 17. 1989. . Said demand was made pursuant to an investigation Co determine if the sale of produces I other chan beer and Wl.ne, lneasured by gross receipt.s on an annual bas is, shall exceed the annual sales of bee r and vine products. measured by gross rece~pts. Up to and including the date ot th.is accusation, no records have been recelved. constltuting a refusal of the licensee to allow the Department: to examine the above-mentioned reCD rds I in violat1on of Section 25753 of the Business and Professions Code. . (OO~ 7 O~70 G ':. -"-"-- o..__ "-~~"--____O-----"'__~..III_... _~ '".___--_...__ ...__...""'----_..:..____ 20-228140 nee ( e ( MO~TAl':~ I..'INE COMPANY. Page 2 - . -. For the purpose of the lmpos~t~on of penalty, ~f dny, ar~s~ng from thIs proceed1ng, lt ~s further alleged that the respondent-l~censee(s) has suffered the follow~ng dIscIplInary hlstory: pATE vrOLATION pENALTY BEG. NO. 5/1/91 24200(a&b) Pending 24444 25658(a)B&P L~censee(s) Previous Record: L1censed as above Slnce November 17, 1989, with the above listed d1sc1plinary history (1) That by reason of the foregoing facts, grounds for suspension or revocat~on of such licensees) eXIst and the cont1nuance of such 11cense(s) would be contrary to pub11c welfare and morals, as set forth 1n Art~cle XX, Section 22, State Constitution. and Section(s) 24200(a) and (b) of the Bus~ness and Professions Code: - (2) Other provisions v10lated: See each count. WHEREFORE, I recownend that a hearing be held on thls accusat~on. / / I( day of ~Jr(1 0; /' Dated thl.s 1991. / ~/~- 0;4~~ /{ y love DIstrIct Adllnlstrator Control C'J:'r1 ~ 'J Depart.ent of AlcoholIc Beverage STATEMENT TO RESPONDENT(S) UnleSS a wrItten request for a hearing sIgned by you, or on your behalf, IS ~elivered, or laIled, to the Departlent of AlcoholIC Beverage Control WIthin fIfteen 1151 days after the foregoing accusatIon ~as personally served on you or JaIled to Ioul the Departlent of AlcoholIC Beverage control lay proceed UPOD the accusatIon WIthout a bearInG to take actIon thereon as lrOY1ded by av. The request for a hearing lay be lade by delIverIng or laIling the enclosed fori entItled: lNotlce of Defense', or by ellverlng or lalling a Notice of Defense to the Departlent of AlcoholIC eeverage Control, 1901 Broadway~ Sacralento, CalIfornIa 95616, as provIded b) SectIon 115D~ of the Govern.eot Code. The 'Notlce of Defense' forwarded herewIth, if siqne and returned to the Departlent of AlcoholIC everage control, shall be deeled a speCIfIC denial of all parts of the accusation, but y~u WIll Dot be ferlltted to raIse an~ obJectIon to the fori of tbe accusation, unless you fIle a further lIolice of Defense as provided, In SectIon 1150 of the Governent ode Vlthln said 15 days after service of saId accusation upon you. You lay but need not, be represented by counsel at any or all stages of these proceedIngs. The hearing Jay be postponeQ for good cause. If you have good cause, you are oblIged to notify this agency WIthin 10 working days after you dIscover the good cause. Failure to notify thIS agency WIthIn 10 days WIll deprive YOQ of a postponelent. ABC-30D (5-881 >- '""3 0-:3 >- (") 8: t::1 Z >-3 '"'l = . f\O~~ i. ~F . ~ __J i e BEFORE THE e DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ~ OF THE STATE OF CALIFORNIA IN THE MATTER OF THE ACCUSATION AGAINST: Montana Wine Company, Inc. Montana Wlne Company 625 Montana Avenue Santa Monlca, CA 90403 FILE: 20-228140 REG: 91025999 L-55~36 Respondents{s) NOTICE OF HEARING Llcensee(s) under the AlcohollC Beverage ON ACCUSATION Control Act. To the partles ln the above-entltled proceedlng: You are hereby notTfied that a hearing on accusatlon dated August 16, 1991, wlll be held by an AdmlnlstratlVe Law Judge of the Offlce of Administrative Heanngs at 314 West Flrst Street, Los Angel.es, Callfornia on April 7,1992 at the hour of 1:30 p.m. or as soon thereafter as the matter can be heard, upon the charges made in the aforesald accusation. You may be present at the heanng. You have the right to be represented by an attorney at your own expellse. You are not entltled to the appointment of an attorney to represent you at public expense. You are entltled to represent yourself wlthout legal counsel. You may present any suitable evidence and will be given full opportunity to cross-examlne all witnesses testifying against you. You are ent it led to the lssuance of subpenas to force the attendance of wltnesses and the showlng of books, documents or other thlngs. The hearing may be postponed for good cause. If you have good cause, you are obl1gated to notlfy the agency within 10 work lng days after you discover the good cause. Failure to notify the agency wlthln 10 days will depnve you of a postponement. If you are not Sklllful in speaklng or understanding the Engllsh language and ask for language assistance, an lnterpreter wi 11 be made avai lable at the heanng. You may have to pay the cost of providing an interpreter. I f you need language help, you are asked to notlfy the Department invnedlately. You may ask for an lnterpreter or the issuance of subpenas by app ly ing to the Department of Alcoholic Beverage Control at the nearest District or 01Vision Office or to Department Headquarters in Sacramento. Dated at Sacramento, Callfornia -- February 10, 1992 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL By -- Carolyn Roberson Chlef, Hearing and Legal (916}445-7063 ABC-I08(8-88) e!Xf:J!J O~,:1 H e BEFORE THE e UEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA IN THE MATTER OF THE ACCUSATION AGAINST: Montana Wlne Company, Inc. Montana W,ne Company 625 Montana Avenue Santa Mon1ca, CA 90403 FILE 20-228140 REG. 91025999 DECLARATION OF SERVICE BY MAIL under the Alcoholic Beverage Control Act. The undersigned declares: I am over e1ghteen years of age, and not a party to the wlthln cause; my buslness address is 1901 Broadway, Sacramento, Callforn1a, 95818. I served by REGULAR mall a copy of the followlng documents: NOTICE OF HEARING on each of the following, by plac1ng same 1n an envelope(s} addressed as f 011 ows : Montana Wlne Company, Inc., Montana W1ne Company, 625 Montana Avenue, Santa Mon1ca, CA 90403 Joshua Kaplan, Attorney at Law, 9171 Wilshire Boulevard, SU1te 430,Beverly Hllls, CA 90210 Each sa1d envelope was then, on February 10, 1992, sealed and depos1ted In the Unlted States Mail at Sacramento, Californla, the county 1n which I am employed; wlth the postage thereon fully prepaid. I declare under penalty of perJury that the foregolng 1S true and correct. Executed on February la, 1992, at Sacramento, Callfornla. ~~- &'~~;: eba Chastain; Declarant ABC-116(8-87) ~l o '74 :l>' ":: >' ,.... :3: - 1,-... Z :1 = . . cOC1:O~ O~9 --- -- -- ", · . e STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Conditional Use Permit 546 LOCATION: 625 Montana Avenue APPLICANT: Murry Weber REQUEST: To permit the issuance of a Type-20 Alcohol License in conjunction with the operation of a retail wine shop. PLANNING COMMISSION ACTION 11/2/88 Date. X Approved based on the following findings and subject to the conditions below. Denied. other. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance II , in that the C2 zone permits specialized retail uses, and conditionally permits the sale of alcohol for off-site consumption. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that there are only two other establish- ments with alcohol licenses within a 500 I radius of the site. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the site is currently developed as a retail center. 4. The proposed use is compatible with any of the land uses presently on the sUbject parcel if the present land uses are to remain, in that the existing uses in the retail center are similar specialized retail uses. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general ~. ,"7 ,. " n } L' '" J ' -1- ...-.... 1= OJN1"" ~ . . . e area in which the proposed use is to be located, in that the use is permitted in the C2 zone as a retail use. 6. There are adequate provisions for water, sanitation, and pUblic utilities and services to ensure that the proposed use would not be detrimental to pUblic health and safety, in that the use would be within an existing retail center. 7. Public access to the proposed use will be adequate, in that the existing retail center is adequately served by existing streets. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the use would be oriented toward the commercial street, away from adjacent residen- tial properties. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Element POlicy 1.7.1 requires that 11 . . . a majority of the ground floor street frontage on a block by block basis be uti- lized for neighborhood commercial uses." 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the conditions of approval for the alcohol license would mitigate any negative impact on adjacent properties. lL The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that there are only two other uses with alcohol licenses within a 5001 radius of the site. ALCOHOL OUTLET FINDINGS L The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial justice be done in that the proposed use is one conditionally permitted in the C2 zone. 2. The proposed use is compatible with existing and potential uses within the general area; traffic or parking congestions will not result; the public health, safety, and general welfare are protected; and no harm to adjacent properties will result in that the alcohol sales would be limited to bottled wine and there would be no on-site consumption. 3. The welfare of neighborhood residents will not be adversely affected in that the proposed use would be oriented toward the commercial street, away from adjacent residential properties. 4. There will be no detrimental affect on nearby residentially zoned neighborhoods considering the distance CCO~zt _ 2 _ O~!l8 . e . of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that there is only two other alcohol licenses within a 500' radius of the site and in that the conditions for approval will minimize the potential affect on the adjacent residential uses. CONDITIONS OF APPROVAL 1. The sale of wine shall be limited to bottled wine for off- site consumption. 2. Plans for signage shall be subject to review and approval by the Architectural Review Board. 3. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subj ect to Planning commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 4. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 5. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.5 gallon toilets and 1.0 gallon urinals and low flow shower head.) 6. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, ( Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. ;~ /"' i, \, C('y..o, J - 3 - ~-O ?<\r; f) . . , . e . 7. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. VOTE Ayes: Farivar, Nelson, Lambert, Mechur, Pyne Nays: Abstain: Absent: Kaufman, Hecht I hereby certify that this statement of Official Action accurately reflects the final determination of the Planning Commission of the city of Santa Monica. signature date print name and title PC/stcup546 OM 11/04/88 ('(f; (00 oft:;, 60 - 4 - . ;;, t-3 I-j :;:. r. - - :s: t::I z . ...; = ::r: = r'~1 --'0,172 ~ a e STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Conditional Use Permit 90-074 LOCATION: 625 Montana Avenue APPLICANT: Montana wine company CASE PLANNER: Susan White, Assistant Planner REQUEST: Appeal of a Planning Commission approval of a Conditional Use Permit to allow wine tasting and wine tasting classes on-site in conjunc- tion with retail sales of wine in an existing shopping center located at 625 Montana Avenue and a request for approval of a proposed 1,200 square foot expansion into an existing retail space adjacent to the east side of the store. CITY COUNCIL ACTION 3/12/91 Date. Approved based on the following findings and subject to the conditions below. X Denied. Other. EXPIRATION DATE(S) OF ANY PER}fITS GRANTED: 3/12/92 CUP 90-074 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) 6/12/92 CUP 90-074 CONDITIONAL USE PERMIT FINDINGS 1- The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa l10nica Comprehensive Land Use and Zoning Ordinance", in that the C2 zone permits specialized retail uses, and conditionally permits the sale of alcohol for on-site consumption. ~{~ - 1 - o dn~ F It e 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that there are only 2 other similar uses with alcohol licenses within a 500' radius of the site. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial justice be done in that the proposed use is one conditionally permitted in the C2 zone. 2. The proposed use is compatible with existing and potential uses within the general area; traffic and parking conges- tions will not result; the public health, safety, and general welfare are protected; and no harm to adjacent properties will result in that the alcohol sales would be limited to bottled wine and that on-site consumption will be limited to wine tasting and will occur in a controlled manner. 3. The welfare of neighborhood residents will not be adverse- ly affected in that the proposed use would be oriented toward the commercial street, away from adjacent residen- tial properties. 4. There will be no detrimental affect on nearby residential- ly zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that there are only 2 other alcohol outlets within a 500' radius of the site and in that the conditions for approval will minimize the potential effect on the adjacent residential uses. CONDITIONAL USE PERMIT CONDITIONS Special Conditions 1. The proposed expansion to the east of the existing retail space shall be limited In use to retail sales of wine only. There shall be no expansion of rights for the ap- proval of the wine tasting service. 2. The wine tasting activity shall only take place on the first floor in a designated area not to exceed 470 square feet. Wine tasting activity, In conjunction with retail sales of wine, shall take place only after 5 p.m., Monday through Friday and during retail hours of 11 a. m. to 6 p.m., Saturday and Sunday. 3 . Only persons 21 years of age and older are permitted in the wine tasting area. 4. No more than three (3) bottles of wine may be open at any one time during approved wine tasting hours in conjunction Cf[V; - 3 - on){f) 1 I " s e e with retail sales of wine. A maximum of three, one half ounce portions of wine may be served per person within a 24 hour period. 4. Activity within the first floor wine tasting area is limited to serving of wine beverages only and small pieces of bread during supervised wine tasting classes for cleansing of palate only. No other alcoholic beverage or incidental food may be served on the premises. 5. A table and chairs shall be provided for wine tasting classes only. The number of persons and staff shall be limited to 14 for the wine tasting classes at any one time. 6. No advertising or promotion of the wine tasting service shall be made in the media or the yellow pages. wine tasting classes may be advertised in the Montana wine Com- pany newsletter only. 7. Wine tasting classes shall only be held when retail sales are not in effect. Wine tasting classes are permitted after 7 p.m., Monday through Thursday and after 6 p.m. , Saturday and Sunday only. No wine tasting classes are permitted on Friday evenings. 8. The applicant shall be on notice that future standard al- cohol conditions which may be developed shall apply to this project if the conditions are instituted prior to final building inspection of the first floor wine tasting area. Plans 9. This approval is for those plans dated November 21, 1990 a copy of \vhich shall be maintained in the files of the City Planning Division. Project development shall be con- sistent with such plans, except as otherwise specified in these condit~ons of approval. 10. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the J1unicipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the city of Santa Monica. ll. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than 10% of the square footage or a significant change in the ap- proved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Architectural Review Board O~a - 4 - o ~h t e e 12. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 13. Signage shall be subject to the approval of the Architec- tural Review Board. 14. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 15. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials: window treatment; glazing: and landscaping. Environmental Mitigation 16. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urlnals and low flow shower head.) Miscellaneous Conditions 17. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parki!1g or other actions. 18. street and/ or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and wlth the approval of the Department of General Services. Valldlty of Permits 19. In the event permittee vlolates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 20. within ten days of Planning Division transmlttal of the statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action pre- pared by the Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential rA~ \ r', \ ! ( - 5 - ...........,. '- ~ O~~ e e revocation of the permit approval. By signing same, ap- plicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed state- ment shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 2l. The approval of this permit shall expire one year from the permit's effective date, unless the relevant building per- mit, business license or ABC license has been issued prior to the permit expiration date. One three-month extension of the one year period may be permitted if approved by the Director of Planning. ALCOHOL OUTLET CONDITIONS l. The Santa Monica Police Department shall not be restricted ln access to the first floor wine tasting area during retail hours or during wine tasting classes. 2. No persons under 21 years of age shall be allowed within the first floor wine tasting area and signs shall be posted to this effect. 3 . Serving of alcoholic beverages is restricted to tasting of wine in conjunction with retail sales of wine after 5 p.m. only, Monday through Friday, from 11:00 a.m. to 6:00 p.m. I Saturday and Sunday I and during supervised wine tasting classes after 7 p.m. , Monday through Thursday and after 6 p.m. I Saturday and Sunday. Wine tasting classes may be conducted only outside of regular store operating hours, due to parking demand. -<. . The Montana Wine Company shall provide a driver to any inebriated customers or wine-tasting students. 4. Serving of food other than bread shall not occur in con- Junction with the wine tasting activity. Any expansion of the retail bakery is subJect to approval by the Planning Director. 5. No dancing or live entertainment shall be permitted on the premises. 6. No change in intensity of operatlon shall occur without prior approval from the City of Santa Honlca and State ABC. 7. !linor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than 10% of the square footage or a significant change in the ap- proved concept shall be subject to Planning Commission review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commissionl Architectural Review Board, or Director of Planning. OOO1~ - 6 - OWf16 . e e 8. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 9. Refuse areas, storage areas, and mechanical equipment shall be screened in accordance with Sec. 9l27J.2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. 10. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking, or other actions. 11. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 12. Alcohol shall not be served in any disposable container such as disposable plastic or paper cups. 13. No video or other amusement games shall be permitted on the premises. 14. Within thirty (30) days from date of approval (if ap- proved) the applicant shall provide a copy of the state- ment of Official Action for this approval to the local office of the state Alcoholic Beverage Control department. 15. This permit shall expire one year from the effective date of approval unless required ABC permits are obtained. One three-month extension of the one-year period may be per- mitted if approved by the Director of Planning. Prepared by: Susan White, Assistant Planner VOTE Ayes: Abdo, Genser, Holbrook, Katz, Olsen, Vazquez, Zane Nays: Abstain: Absent: NOTICE If thlS is a final decision not subject to further appeal under the City of Santa Nonl.ca Comprehensive Land Use and Zoning Or- dinance, the time within which judiclal review of this decision must be sought is governed by Code of civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code section 1400. f'F::fJl?> - 7 - () RA 7 :.1 ." . . 1. I hereby certify that this Statement of Official Acticn accurate- ly reflects the final determination of the City Counc~l of the City of Santa Monica. '- ~r C I /,-t~.q~/}71I4/ ,/ /~; '1 I; signatu;e<~" date Beth Holmes, Ass~stant C~ty Clerk Please Print Name and Title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. 'I i. f'.. .~ "'-1 I " i I .{)M"u::;.....\.u;J'...A'J ._~~--f'.VI\:#--}!.-<j ... --I - - _ I \ '_. (.,:"(1__ \ !. I.-....J-~ ----./ --t--.uo J_ ."". \ ;"1,{..-" ~ .,) ......~. 1 ApplLcant'ssignature - '.'" 'J . \.v1 I) .. -f-~ '; ., .. .. I . J...... -"$ A.... . 1 ,~\{ '/ !1-i,\ \,........ > v.-, . r c · .>c.,.~t, Print Name and Title' I ,J PCjcc625 SMW . -8- ~1 ---y--- ~--- - -- - ~ - - ~~ --- ~ - -- --- ---~- -- -- ~ . :P -3 :t:' '1 :r:: 3: tIj Z ~ = H = on it'" "': -- e e DECLARATION OF LARRY HORN March 18, 1992 My name is Larry Horn. I am a Detective with the Santa Monica Police Department. I have been employed with the Santa Monica Police Department as a pOlice officer for 13 years. For 2 years I have been assigned to the Administrative Vice Division of the Police Department, where my responsibilities have included the enforcement of alcohol laws within the City of Santa Monica. In my capacity as an officer assigned to the Vice Division, I am personally familiar with several incidents involving Montana Wine Company, located at 625 Montana Avenue in Santa Monica. On one occasion in November 1991, I observed patrons of Montana Wine company purchase a bottle of wine at Montana Wine Company, and consume this wine at the Odeon Bakery, immediately adjacent to the Wine Company establishment. When I brought this to the attention of the Montana Wine Company, their representative denied any involvement, stating "that's the bakery's problem.1f In another incident, I supervised an underage "decoy" who entered various establishments in Santa Monica and attempted to purchase alcohol. One of the establishments at which we conducted operations was Montana wine Company. On January 19, 1991 the decoy was instructed to attempt to purchase a bottle of wine at - 1 - 0007(' e e Montana Wine. r remained outside the store. The decoy sucessfully purchased wine, and the individual who sold the wine to the decoy was then cited by myself. I did not personally know the person who was cited, although that person later claimed to me that they knew the officer who had accompanied the decoy. I understand that Montana Wine Company has applied for approval of a full off-sale liquor license, allowing the store to sell not only wine, but a full range of alcohol beverages, including spirits. As a police officer, I am concerned with approval of a license of this type~ Based on my experience with the Vice Division, and before that as a patrol officer, liquor stores are often "problem" locations where various types of criminal activity tend to occur. These activities include public intoxication, driving under the influence, and other illegal activities. In addition, such locations are often the source of noise, parking, and traffic complaints from neighboring residents. Approval of such a license at this location is of particular concern dUe to its proximity to several schools, including an elementry school several blocks away on Montana Avenue, a private high school at Washington and Lincoln, and a pre-school at 5th and Montana. ~~at the above statements are true and correct. , March 18, 1992 etecti~e Larry Horn santa Monica Police Department Santa Monica, California OflO"7 - 2 - . ):> >' r: ::r: 3: t::! Z "3 OOft7P = :.. = - a e _. , i KEMORANDUM DATE: March 19, 1991 TO: Mayor and City council FROM: Robert M. Myers, City Attorney SUBJECT: Montana Wine Company During last week's city council consideration of a conditional use permit application for the Montana Wine Company, an issue was raised concerning a citation issued to an employee of the Montana , . Wine Company for selling alcohol to a minor. The employee who received the citation was Robert Rognes. During his presentation , to the City Council, Mr. Rognes attempted to convey the impression that the charges against him had been dropped. He testified as follows: I want to first address the issue of the violation. I was the employee who was cited. The charges were dropped against me when I informed the Judge that I in fact knew the police officer. . . . The true facts are that Mr. Rognes was convicted by plea of a violation of furnishing alcohol to a minor. He was placed on summary probation for a period of one year, ordered to obey all laws, ordered to keep the court informed of his current residence address during the period of his probation, and ordered to notify the court if he is arrested or convicted of any crime (other than a traffic infraction) during the period of his probation. The Memorandum of Court Order Probation signed by Mr. Roqnes accompanies this memorandum. OOlt7Q ~ - -- - _"<0= - -"-~'-c ~~-- ~ ~-"d ThIS space for CQurr clerk only .- . f) IN THE MUNICIPAL COURT OF Case Number ________________________ JUDICIAL DISTRICT COU:-1TY OF LOS ANGELES. STATE OF CALlFORi'\IA - CITY OF SAJrITA MONICA o VEHICLE ~~ER NOTICE TO APPEAR ~ D..~ 318614 DATE1~ I q 199 TTs-zOM rAY m;-. -------~~-------------~----- -------~~-----~----------- Defendant(s) NAME'KD~STlJ()~ f?06Nb-S RESIOEr3Af~ESSyA1E ST #4 CIr:SIT\ s~ 0 tJ./{jJrj JPIVEf:\C~~LT r~~~GrRKS mBh~j - 57 0 ~EXM) F~W~ IH~JE~ rut~D Iwmi7s "E~LE llCE",SE NO 0" V I " I STATE I ~ASSF "" 1M'" f; bf)'> leo,o, ~.~" ,,."'" ":tJ) '" ~ 0 , REGISTERED OWNE OR LE E 0 SAME ADDRESS OF OWNER OR LESSEE o SAME D~,Ad~CA J&f - SELL ~L o 2 ~&ti 7D /9VK (;UJ jJ? I J.XL, 03 L l=OTf\l t:xJTJ7E a+::' sruv 16 fl2JJ,,) o L 8lA l\X:.., \..L)llJE: ') . Os ITPoIS CHECKED ARE (ITED IN ACCORDANCE WITH .1I610ib: CVC SEE REVER5E t.'P~Gt ~~r MAX 51tH SPD ~'M'T J PO~/t!..l:!' ~:E~" :t:~~l~~~ ~~crOL~O t)-mP1i A-tif'(fYJ61SfJ1Ot U)/~ I CERTIFY ~NDE~ PE~ALTY O~ PE~JURY THAT THE <OREGO'~G IS -R:JE M.D C.~RRECT EXE~JTEJ 0', T~E IT PJrO.J;:::OVE iSSjj:"'-S C~F't:EP SERIAL NO ~7 o ofFE"S<,:;;..oJ .vu...utll Iti ~. PRrSuWICfllTfl.ED 00 II.f!)PIIOT'fll< I.tw I!fl;{~:.. _~- c . "-'''._~"'"~.~-~ r::71 r T E TIME AND PlACE CHECKED BELOW AT T r11J....-C--~Al COuP'" - TKA.FFIC ~I\r,s'or~ :lO':=:_IJ .... ::;::...:...h S,JI_C'II"G IT2S "'~&.11\i ::'TqEE:"'- A.....:a. MO"" C.A Ct.L.~ 90"(-1 JLJ.~.EJ... L E TDAF 1=".: C-:::lIJP'" QOOM .::25 . J';?5 ....~I.... 5-- S~t.i"""" VONiC4 c.r.dr 9~.s.:::' ACCCM::AI\II~;J 6'- ~:"A~I\'" OR GIJAr:t[)IAo.; OOd80 POLICE !)l:p.e..cr~"EI\i" ":;"-I/ENIL.f Ql=FICEtI -+=- L6t!5 MAl.... ST;;;!EET S.A~"-.i.L MONICA CALIf" 3-'::4;:" 1000 AM ACCOMP.r.N1ED lP' P.t.~El\, 1 Oh GUARDI.t,N fOR... ~PPP0'iEO E>Y Jl.iOICI~L CO'.NCI~ SEE REVERSE SIDE OF CII"L '~O~U~IA ~E'..- 7 1 &'I \' C 40500 COURT COpy 405' 3'0' 40522' C 853 S - MISCELLANEOUS PURPOSE FORM "6M.j,>.'l~ CI 134- (n". .R.. 6.fH, 68-< it/if ., ,.. IN THE MUNICIPAL COURT OF SANTA ~ JUDICIAL DISTRICT COUNTY OF LOS ANGELES, STATE OF CALIFORNIA f< 11<"OC ""'- THE PEOPLE OF THt STATE OF CALIFORNIA, ) '"3 ;',v J'Q:J ) FIRST PLAINTIFF, ) AMENDED COMPLAINT ) vs. ) CASE NO. ) ROGNES, ROBERT JOHN ) DEFENDANT. ) ) DRt 91-001676 - COUNT 01 AGAINST DEFENDANTCS): , J ROGNES, :-' - ROBERT JOHN - ....; The undersIgned, upon InformatIon and belief, complains that on or about January 19, 1991, In Sante Monica, Callfornu!I, the Violation of Section 25658(a) of the ea II for n I a BU!olne!o!o and ProfeSSions Code, e mu!.demeanor, was committed by the above named defendant(s) who then end . there did WIlfully and unlawFully sell, furnish and gIve and cause to be sold, furnIshed, and gIven, an alcoholiC beverage to persons under the age of 21 years, Of)081 1 . . . " .-...t' -..!. For purposes of ~ny he~rIng pursu~nt to Penal Code SectIon 991, there 15 hereby Incorpor~ted Into thIS Complslnt, and each count thereof, the Arrest and BookIng Report, the CrIme Report} all Supplemental Reports, and all other offIcIal documents provIded to each defendant In the above-entItled actIon. I declare under penalty of perJury under the laws of the State of CalIfornl~ that the foregOIng IS true and correct. Executed on February 11, 1991 at Santa MonIca, CalIfornHI. I O{)iIR~ 2