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Agenda - City of Santa Monica

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from the building by one a.m. Sunday through Thursday, and two a.m. Friday and<br />

Saturday. All alcoholic beverages must be removed from the outdoor dining area no later<br />

than twelve midnight. No after-hours operation <strong>of</strong> the Restaurant is permitted.<br />

15. No more than thirty-five percent (35%) <strong>of</strong> the<br />

Restaurant’s total gross revenues per year shall be from alcohol sales. The Restaurant<br />

operator shall maintain records <strong>of</strong> gross revenue sources which shall be submitted<br />

annually to the <strong>City</strong>’s Planning Division at the beginning <strong>of</strong> the calendar year and also<br />

available to the <strong>City</strong> and the California Department <strong>of</strong> State Alcoholic Beverage Control<br />

(“ABC”) upon request.<br />

16. Prior to occupancy <strong>of</strong> the Restaurant, a Restaurant<br />

security plan shall be submitted to the Chief <strong>of</strong> Police for review and approval. The plan<br />

shall address both physical and operational security issues.<br />

17. Prior to occupancy, the Restaurant operator shall<br />

submit a plan for approval by the Planning Director regarding its employee alcohol<br />

awareness training programs and policies. The plan shall outline a mandatory alcoholawareness<br />

training program for all Restaurant employees having contact with the public<br />

and shall state management’s policies addressing alcohol consumption and inebriation.<br />

The program shall require all Restaurant employees having contact with the public to<br />

complete an ABC-sponsored alcohol awareness training program within ninety days <strong>of</strong><br />

the effective date <strong>of</strong> the exemption determination. In the case <strong>of</strong> new Restaurant<br />

employees, the employees shall attend the alcohol awareness training within ninety days<br />

<strong>of</strong> hiring. In the event the ABC no longer sponsors an alcohol awareness training<br />

program, all Restaurant employees having contact with the public shall complete an<br />

alternative program approved by the Planning Director. The Restaurant operator shall<br />

provide the <strong>City</strong> with an annual report regarding compliance with this requirement. The<br />

Restaurant operator shall be subject to any future citywide alcohol awareness training<br />

program affecting similar establishments.<br />

18. Within thirty days from the date <strong>of</strong> approval <strong>of</strong> this<br />

exemption, the Restaurant applicant shall provide a copy <strong>of</strong> the signed exemption to the<br />

local <strong>of</strong>fice <strong>of</strong> the State ABC.<br />

19. Prior to occupancy, the Restaurant operator shall<br />

submit a plan describing the establishment’s designated driver program, which shall be<br />

<strong>of</strong>fered by the operator to the establishment’s patrons. The plan shall specify how the<br />

Restaurant operator will inform patrons <strong>of</strong> the program, such as <strong>of</strong>fering on the menu a<br />

free non-alcoholic drink for every party <strong>of</strong> two or more ordering alcoholic beverages.<br />

2.6 Significant Project Features and LUCE Community Benefits. The<br />

significant project features and LUCE community benefits identified below in this<br />

Section 2.6 shall be achieved and developed in accordance with the terms <strong>of</strong> this<br />

Agreement.<br />

14<br />

F:\RECORDSANDELECTIONSHARE\MEETINGS\WWW\2013\20130514\WORD DOCUMENTS\2013051407-A-2.DOC

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