Loading...
HomeMy WebLinkAbout35-Council OfficeCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: Councilwoman Esther Estrada, First Wazd Dept. Council Office `r ..•.... ~ .. ,~ Date: March 6, 2002 Synopsis of Previous Council Action: Subject: ABC Type 41 On-sale Beer License for Ostioneria Colima located At 692 W. Fourth Street Recommended Motion: To discuss and take possible action regazding an ABC Type 41 on-sale beer License for Ostioneria Colima, located at 692 W. Fourth Street. Signature Contact Person: Jorge Carlos Supporting Data Attached: FUNDING REQUIREMENTS: Phone: 5208 Source: jAcct. No.l (Acct. Descriotionl Council Notes: Agenda Item No. ~~ ' CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT Agenda Item 35 Alcohol Beverage Control (ABCj Type 41 On- Sale Beer License for Ostioneria Colima Restaurant, 692 W. Fourth Street, San Bernardino, CA Concepcion and Jose Luis Arredondo, owners of the Ostioneria Colima Restaurant, have been trying to obtain an ABC Type 41 On-Sale Beer license for their restaurant. In October of 2001 the SBPD submitted a letter to the Department of Alcoholic Beverage Control to protest the issuance of this ABC license. The Arredondo's currently operate two other Ostioneria Colima Restaurants. One is in Los Angeles and the other is in Huntington Park. Both restaurants have existing ABC Type 41 On-sale licenses. The primary reasons given by the SBPD against 'the ABC license are that this restaurant is located in a high crime azea and that there is an "undue concentration" of ABC licenses in the area. The location of the restaurant is in Census Tract 57. There were 18 ABC On-sale licenses within the Census Tract 57 reported in October of 2001. The Ostioneria Colima Restaurant is located in the CR-2 (Commercial Regional Downtown) District. Under the City's Development Code eating and drinking establishments are permitted within this district. Recommended Action: That the application for an ABC Type 41 On-Sale license for the Ostioneria Colima Restaurant be reviewed for reconsideration by appropriate City Staff and the SBPD. 3/r ~/~- #3~ State of (.alifomia ~.1' APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE($)artment of Alcoholic Beverage Control ABC 211 (6/99) TO: Department of Alcoholic Beverage Control File Number: 382178 3737 Main Street Receipt Number: 1348782 Suite 900 Geographical Code:. 3610 Riverside, CA 92501 Copies Mailed Date: October 19, 2001 (909)782-4400 Issued Date: DISTRICT SERVING LOCATION: RIVERSIDE First Owner: ARREDONDO CONCEPCION Name of Business: `-' y OSTIONERIA COLIhIA r`w ~ ~-- Location of Business: 692 W FOURTH ST p v SAN BERNARDINO, CA 92410 - z.g County: ^~ SAN BERNARDINO 7p Is premise inside city limits? Yes Census Trost 0037, ~ ~' Mailing Address: o (If different from m !a } premises address) Type of license(s): 41 "Transferor's license/name: / Dropping Partner: Yes_ No is nse Tvoe Transaction Tvng Fee Tvoe Master pip ~~ ~ 4l ON-SALEHEER AND OR101NALFEES NA y 0 10/19/01 dl ON-SALE BEER AND ANNUAL FEE 5300.00 NA Y 0 10/19/01 5205.00 Total 5505.00 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any 'Yes" answer to the above questions on an attachment which dull be deemed part of this applicatiod. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provision; cf the A!coholic Bevera~P Contro! Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date: October 19, 2001 Under penalty of perjury, each person whose signamr< oppean below, certifies and says: (t) He is an applicant, or one a[ the applicants, or as executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) [hat he has read the foregoing and knows she contents thereof and that each of the above statements therein made arc [me: (3) that ao person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business m be conducted under she license(s) for which this application is made; (4) that she transfer application or proposed transfer is not made to satisfy the payment aF a loan or so fulfill an agreement entered into more than ninety (90) days prettding the day an which the transfer application is filed with the Depanmrnt or [o gain or eswblish a preference m ar for any creditor or transferor or to d<Baud or injure any creditor of transferor; (3) that the transfer application may be withdrawn by eisher the applicant or she licensee wish no resuhing liability to the Depsnmens. Applicant Name(s) Applicant Signature(s) ARREDONDO CONCEPCION / ~'t ~ _ i ~ ,' _ ARREDONDO LOSE LUIS ..-- lJ A-lam - L•epartment ~f glcoholic Beverage Control INDIVFDUAL PERSONAL AFFIDAVIT GRAYSDAVIS ~emOr Business, Transportation 8 FbUSIng Agen MARU1 CONTRERAS•SWEEr, Seererary„ 2 PREl70US NAME(S) ~. FINGERPRINT DATE w PREMISES ADDRESS C aLt. ((/~ S. PR SES TELEPHONE NU MBER B NOME ADD ` ^ - a 3 7. ETELEPIIONE NUMBER & MARITK STATUS • ~ -~3 ^ Sln le g Married ^ Divorced ^ Separated ^ Widow(er) a. WORK TELEPfWNE NUMBER to. PERSONK DATA HEIGHT WEIGNi EYE COLOR .1WROOtOR ^ Male Female tt.OfiVERS LICENSE NUMBER ,2S t2 STATE YrNERE DLISSUED ~ 11 SOCIK SECURITY NUMtTER Iw BIITTIg11TE ts.BBmrLACE 2~5 O -\y,- Sd f1 [Tuwa~rc rfl l .cnr1 ..,~. ~a ^ Sole Owner ^ General Pattner ^ Stockho]der ^ Spouse ^ Manager ^ Food Lessee ^ Other' 't ~~L,partner ^ Director ^ Limited Partner ^ Financier ^ Officer rme: 77. SPOUSES NAME Bart BsL mmrt larbw AsaU tfl'MLL YOUR SPOUSE WORK ON PgENIISE$ la MARRMGE IMTE Yes pNo QRQ ~~ ~nge(~S ~ w yvu now nave any avea, or mdlrect, interest m any other akrohohc beverage business, or have you ever been an alcoholic beverage licensee or an officer or director of a corporate licensee in or outside of California? /F YES, EXAWN I, T'~Ye"S ^ NO ~L~-~ 5 -~~nA~t~~'2 ~l~L, N-un-~-r'nB~vutr~ Qai`1'~ r ~~c~Ss - r' 2Ji 'n o ~Q. , t w i t l~ 9 o Ca~ 22 Have you as an Individual a partner, or whsle an officer, director, stockholder of a corporate applicant ever had an alcoholic beverage license denied, suspended, revoked, or an offer in compromise accepted or rejected? ^ Yes l~ No 23. CURRENT AND PAST EMPLOYMENT(Forst/eastpastfiveyears. UseaddIhonalsheetsifneededl mnu ,urum.,,.~..,. ~_._.-._ Vu/ 24. Have you ever, anywhere or a! any time, (1) forfeited bail, (2) been convicted, (3) fined, or (4) placed on probation for any violation of the law? (5) Are you now actively being prosecuted for a criminal offense? (/t any of these events has occurred, this question must be answered 'Yes'raganiless o/subsequent rrourf action resulting in expungement, unless an oMersealing records under Section 1203.45 of the Penal Code, relating to persons under age 18 years, has been issued. 1/ no order has been issued, the answer must be 'Yes.' J ~ /1 cn ve.. n t.r_ ARREST PATE r~ cl`~C- - 9~ PLACE OF MREST f4an-l-t,'w~vrt Qa~: OFFENSE . ~pn ,C( e \,~ / l~ A w L__I 1\ V RESULT ON ~, ~ Vti. ^r1~ Ok OQ I have read all of the above and declare under penalty of perjury that each and every statement is true, correct and complete. zv ABC-208-A (3/00) Gepartment of Alcoholic Beverage Control INDIVFDUAL PERSONAL AFFIDAVIT 1. FULL NAME . _ ___ a 8. MARITAL STATU$ ^ Single l~Married O Divott:ed ^ 10. PERSONALOATA NEIGM (WEIGHT ~ Male ^ Female ~' ~', l ~~ 11 SOCW. SECUHRY NUMBER ^ No ^ Widow(er) 16.1 AM OR WILL BE _ ~ ~\ ~ - 1Jt ^ Sole Owner ^ General Partner ^ Stockholder ^ Spouse ^ Manager ^ Food Lessee O Outer ('Partner ^ Director ^ Limited Partner ^ Financier ^ Officer Title: .7. SPOUSES NAME rla4 A,Y. meUYl NrA,a' /Yl) - 19. v- rv Ll ~ 21. Do you now have any direct, or indirect, interest in any other akoholk beverage business, or have you ver been an alcohctic beverage licensee or an officer or director of a corporate Rcensee in or outside of Califomia~ Yes ^ No Ir YES. ExF7AW 22. Have you as an individual, a partner, or white an o Icer, director, or stockholder of a corbora beverage license denied suspended, revoked, or an offer in compromise accepted or rejected? IF YES. ExPUPr Sme d Gltlamra GRAY DAMS, Govanlor Business. Tlansportalron 8 Houreg MARW CONTRERAS•SWEET, S~M~ 7. FlNGERPRINT GATE ~f'S - 9 v T. a~? S L`S! applkantever ^ Yes an alcohdic No •~ I 23. CURRENT AND PAST EMPLOYMENT (For at least past live years. Use addlliona/ sheeLS it needed.) 24. Have you ever, arnnvhere or at any time, {?)forfeited bail, (21 been convicted, (3) fined, or (4) placed or. probation for any violation of the law? (5) Are you now actively being prosecuted for a criminal offense? (If any of these events has occurred, this question must be answered 'Yes" regardless of subsequent court action resulting in expungement, unless an on7erseating records under Section 120345 o11he Pena/ Code, relating to persons under age f8 years, has been issued. I1 no order has been issued, the answer must be 'Yes.' ARREST DATE IlA/1CC~~ ST 1\Q YBS ^NO \ r ~ a n f7 OAK ~~nRAU Y„ (OFFENSE ~RESULT/DISPOSm[w I have read all of the above and declare under penalty of perjury that each and every statement is true, correct and complete. iy ~l ABC-208-A (3/00) % » ~ ~.~ ` ~; c,~__. POLICE DEPARTMENT LEE DEAN - C~+OF Ponca P.O. Box 1559 • San Bernazdino • CA 92401-1559 909.3845742 www.ci.san-bernardino.ca.us October 30, 2001 Mr. David E. Gill 3737 Main Street, Suite 900 Riverside, CA 92501 Dear Mr. Gill: The San Bernardino Police Department received the ABC License Type 41 application submitted for 692 W. Fourth Street, San Bernardino, from applicants Concepcion and Jose Arredondo. The location is in a high-crime area. The premise is located in an undue concentration area. The premise is in the immediate vicinity of two off-sale licensed premises and several on-sale licensed premises. Based oh the criteria, the San Bernardino Police Department protests the issuance of this ABC license. Very truly yours, ~~ j~°~.~a••... LEE DEAN Chief of Police ms LEADERS IN SETTING TIfE STANDARD OF EXCELLENCE 3810 ROSfN COURT, SUITE 150, SACRAMENTO, CA 95834 (916)263-8111 December 4, 2001 Lee Dean Chief of Police San Bernardino Police Department P.O. Box 1559 San Bernardino, CA 92401-1559 Arredondo CONCEPCION Ostioneria Colima 692 West Fourth Street San Bernardino, CA 92410 File: 382178 Dear Protestant(s): .~ Your protest against the above application has been received, and a copy has been sent to the applicant. If the Department approves issuance of the license, a hearing on your protest will be scheduled before an Administrative Law Judge of the Administrative Hearing Office. If the Department does not approve issuance of the license and if the applicant requests a hearing, the hearing on your protest will be held at the same time. On the other hand, if the applicant does not request a hearing, you will receive no further notice from the Department. If there is to be a hearing, you will be notified of the date, time and place. You will be expected to attend the hearing and to testify. Sincer yr ~ `~~~~ Theresa Laster Legal Analyst TL: ]rr1 cc: Riverside District Office (909) 782-4400 Applicant(s) w/Enclosure CITY OF SAN BERNARDINO SAN BERNARDINO POLICE DEPARTMENT INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: CC: PROBLEM: Chief Lee Dean Detective R. Rocha •, ~. ' j' ABC License Type 41: On Sale Beer and Wine October 30, 2001 ~On 10/19/01, CONCEPCION ARREDONDO and JOSE LUIS ARREDONDO, applied for an ABC License Type 41 for OSTIONERIA COLIMA located at 692 W. Fourth Street, San Bernardino, CA RECOMMENDATIONS: It is recommended that the ABC License Type 41 be denied. FINDINGS: OVERVIEW The location of this business is in an "undue concentration" area. The business, which is located at 692 W. Fourth Street is located in a mini shopping complex adjacent to a Stater Brothers grocery store. This business is located. south of the main portion of the complex. The building where this business is going to be located is detached from the Stater Brothers complex. The pazking lot separates the buildings. This business is located closer to Fourth Street neaz G Street. The Reporting District (51040) shows that this is a high crime rate azea, statistically. In the Census Tract (57) there are currently 18 existing ABC On Sale businesses. This Census Tract allows for two ABC On Sale License premises. Additionally, the premises is in the immediate vicinity of two Off Sale License premises and several On Sale License premises. It is also within close proximity of one church and a school. All of the above are criteria for license denial, pursuant to ABC Act, Sections 23789 and 23958.4. STATUATORY ISSUES An investigation was conducted into the application for an ABC License Type 41 submitted by applicants CONCEPCION ARRF.DONDO and JOSE LUIS ARREDONDO, for 692 W. Fourth TFIE SBPD IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROV E THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING ABC License Type 41: On Sale Beer and Wine October 25, 2001 Page 2 Street. Currently the business is closed. In the past this business was afast-food type restaurant. An ABC License has never been approved for this location. On 10/23/01, CSR-II SOTO received the applications. CSR-II SOTO perfoaned computer inquires on both applicants. The inquires revealed that they did not have any outstanding warrants. The applicants did not have any prior arrests. The California Driver's License histories showed that their license status was valid. The CDL inquiry for JOSE LUIS ARREDONDO showed that on 02/05/97 he had one arrest for DUI (VC23152(b)). This showed a conviction date of 04/14/97. It shows that there was court restitution and he received three . years court probation. (This arrest did not show up on his Criminal History record check.) On 10/23/01, CSR-II SOTO informed me about the application. She informed me that it is an "undue concentration" area. She also stated that it is considered one of the higher crime rate areas in the D Team Area. On 10/24/01, I conducted my investigation. I went to the business and conducted measurements to show the distance of a school, a church, a park, an ABC on-sale premises, an ABC off-sale premises and a residence, in correlation to the premises located at 692 W. Fourth Street. My initial concerns were that there was frequent loitering of transients in the area. There are high numbers of arrests involving drunk in public, drug possession sales and prostitution activity in the immediate area. More specifically, within the same complex, is a pizza business with an ABC on-sale license, Stater Brothers (across the parking lot) has an ABC off-sale license, on the northwest comer of Fourth and G Streets is a liquor store with an ABC off-sale license. Within 1/10 of a mile, north of this location, (at the comer of Fifth and G Streets) is amini-market has an ABC ofl=sale license. Within 5/10 of a mile is two Mexican Food restaurants that have ABC on-sale licenses. My investigation involved conducting measurements to show the near proximity of the below listed businesses and facilities: I) The Concord Career Institute, located at 570 W. Fourth St. was within 60 feet, 2) St. Bernardine's Church, located at 531 N. F Street (corner of F and Fifth Streets) was 2/10 of a mile, 3) Seccombe Lake Park, located at 5'h and Sierra Way was 9/10 of a mile, 4) An ABC on-sa]e licensed premises, DBA: Pizza King located at 690 W. Fourth Street was property line-to-property line, 5) an ABC off-sa]e licensed premises, DBA: Stater Brothers located at 648 W. Fourth Street was property line-to-property line and 6) one residence located at 538 N. G Street was 2/10 of a mile. Additionally the Sunset Motel located at 450 N. G Street was 50 feet from the license premise. This motel acts as a residence for low income people. The statistics for the year 2000 show that in this Reporting District (S1040) there were 317 Part-I crimes. The statistics also show that there were 849 Part-II arrests. Alcohol related arrests were 139. Any number over .Iy3Q is 20% greater than average and is an "undue concentration" area Both the Part-I crimes and the Part-II arrests are more than jam. ABC License Type 41: On Sale Beer and Wine October 25, 2001 Page 3 CSR-R SOTO contacted the Area D Commander, LIEUTENANT M. GARCIA. LT. GARCIA expressed concern regazding the high calls for service and the arrests, which many aze alcohol related. LT. GARCIA stated that a school and a church are in close proximity. Due to these factors, LT. GARCIA recommended denial. The Alcohol Beverage Control Act, section 23789(a) authorizes the dcnial of an ABC license when the premises is located within the immediate vicinity of a church. Section 23789(b) authorizes the denial of an ABC license when the premises is located within 600 feet of a school. Additionally, the premises is located in an "undue concentration" area. Per Alcohol Beverage Control Act, section 23958.4(a), part (1) and part (2) authorizes denial of an ABC license. Part (1) authorizes denial when, "the applicant premises are located in a crime reporting district that has a 20% greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency". Part (2) additionally defines "undue concentration" and denial for an ABC license when, "the ratio of on-sale retail licenses ro population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located ". It is believed that the issuance of this ABC license at this premises would tend to create further law enforcement problems and if issued would result in or add to an "undue concentration" of licenses. Based on the above listed facts, it is recommended that the ABC License Type 41 for 692 W. Fourth Street, DBA: OSTIONERIA COLIMA restaurant be denied. 1. Application for Alcohol Beverage License 2. Individual Personal Affidavits 3. Area Command E-mail Memo from LT. GARCIA to CSR-II SOTO 4. Copy of Police Concerns Survey 5. Letter from the Department of Alcohol and Beverage Control 6. California Driver's License and Criminal History inquiry Page 1 of 1 From: Sent: To: V GI Np_IVIG Tuesday, October 23, 2001 4:56 PM Soto_Ma Subject: RE: POLICE CONCERNS It sounds to me that if there are only two licenses allowed and we have 18 already that we don't need anymore in this area. This area (4th to 5th) "F" to "H" is my highest calls for service area. With the significant number of arrests, especially alcohol related we don't need to create potential problems. In addition with the school and church Gose be we are only compounding the problem. -----Original Message---- From: Soto Ma Sent: Tuesday, October 23, 2001 2:50 PM To: Gazcia Ma Subject: POLICE CONCERNS For your information. 10/23/2001 POLICE CONCERNS Location: 692 W. 4~' St. Reporting District- S1040 (Stats for 2000) Part I Crimes: 317 Persons: 67 Property: 250 Part II Arrests: g49 Alcohol related arrests: 139 Census Tract: 57 Existing on Sale ABC licenses: 18 Allowed on Sale ABC licenses: 2 GENERAL VICINITY: Distance to nearest: School: Concord Career Institute 570 W. 4"' St. Church: St. Bernardine's Church 531 N. F St. Park: Seccombe Park 5~'/Sierra Way ABC On Sale Premises: Pizza King 690 W. 4` St. #C ABC Off Sale Premises: Stater Bros. 648 W. 4~" St. Distance of parking lot to residence: 450 N. "G" St. (Motel) 538 "G" St. 60' .2 mi. 9 mi. Prop. linelProp. line Prop.line/Prop. line 50' .2 mi. DEPARTMENT OF ALCOHOLIC$EVERAGE CONTROL ALCOHOLIC BEVERAGE LICENSE- ON-SALE' BEER STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ALCOHOLIC BEVERAGE LICENSE ON-SALE BEER AND WINE -EATING PLACE VALID FROM OCT 01,2001 TYPE NUMBER DUP 41-342719 - 1925-04 AREA CODE BUSINESS ADDRESS pF DIFFERENn ARREDONDO CONCEPCION DBA:OSTIONERIAS COLIMA 4 3124-26 E FLORENCE AVE HUNTINGTON PARK, CA 90255 OWNERS: ARREDONDO CONCEPCION ARREDONDO JOSE LUIS RENEN/AC' 7 IMPORTANT INFORMATION ,1 EFFECTIVE PERI00 This license is effective only for the o era6n ~~ days of the expirrtion date on your license if p - period shown~abova Anew license will be sent to you within 30 -~ payment is timely. . POSTING Cover this license with glazs or other transparent mrterpl and post it on premises in a tonspieuous place 1"q .a RENEWAL NOTICES Renewal notices are sent to premises address unless a specific mailing address is requested. If a notice is not received 30 days before expiration date shown above, comact Me nearest ABC office. To assure receipt of notices, advise your lotxl ABC offia Of ~" any cMnge in address RENEWAL GATES -,~; A ~K~a penalty is charged far Irte renewal and the license can be automatically revoked for failure to pay. ~~~~ .,; .y..,..: ~ .: SEASONAL LICENSES - r. *+'`'-: >: ~- CONDITIONS •A copy of all applicable conditionsmust be kept on premises LICENSEE NAME Only 10 names will be printed on each license. If there are more names associated with the license, they will 6e indicated by "ET AL". All names are an file and available upon request from yaw local ARC office. OBA If you change your business name please notify your local ABC office If you have any questions regarding this license, contact yow local ABC office. NOTE: CONTACT YOUR LOCAL ABC OFFICE IF YOUR LICENSED PREMISES WILL BE TEMPORARILY CLOSED FOR MORE THAN 15 DAYS OR WILL BE PERMANENTLY CLOSED. Page RENP220- tb214 2019416992 s, ,y6s~.s s ~~~ ,,n ~r .....; .r. i~ •" POLICE DEPARTMENT GARRETT W. ZA4fON - CH~e OF POLICE San March 15, 2002 Mr. David E. Gill Department of Alcoholic Beverage Control Riverside District Office 3737 Main Street, Suite 900 Riverside, CA 92501 P.O. Box 1559 • San Bernardino • CA 92401-1559 909.3845742 www.ci.san-bernazdino.ca.us Re: ABC License Application Applicants -Concepcion & Jose Luis Arredondo Premises - 692 W. Fourth St. Type ofLicense - 41 On-Sale Beer & Wine Application Date 10-19-01 Hours of Operation - 0900-2100 Entertainment -None Dear Mr. Gill: The San Bernardino Police Department has conducted a secondary review of the ABC License Type 41 application submitted for 692 W. Fourth Street, San Bernardino, from applicants Concepcion and Jose Arredondo. In view of our previously stated objections, we are imposing a list of conditions on the business which must by complied with by the applicants. Based on these conditions, the San Bernardino Police Department approves the issuance of this ABC license. Very truly yours, .-. ,.. ~ - ~,. Garrett W. Zimmon Chief of Police LEADERS IN SETTDVG THE STANDARD OF EXCELLENCE ~b 3~ ~/~ ~/~7~ CONDITIONS FOR 692 W. 4Tn. OSTIONERIA COLIMA Sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. to 9:00 p.m. each day of the week. 2. There shall be no bar or lounge area upon the licensed premises maintained for the purpose of sales, service or consumption of alcoholic beverages directly to patrons for consumption. 3. Sales and delivery of alcoholic beverages to customers shall be made from behind the counter where a clerk will obtain the product; no self-service of alcoholic beverages will be permitted. 4. The premises shall be maintained as a bona fide eating place, i.e. A Seafood Mexican Restaurant, and shall provide a menu containing an assortment of foods normally offered in such restaurants. 5. No "Happy Hour" type of reduced price alcoholic beverage promotion shall be allowed. 6. At all times when the premises are open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. 7. Sales, delivery, and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the. premises. 8. There shall be no coin operated games or video machines maintained upon the premises unless the necessary permits are obtained. 9. There shall be no live entertainment of any type, including but not limited to live music, disc jockey, karaoke, no live dance performances/entertainment, male or female performers or fashion shows. 10. A single jukebox or stereo maybe maintained upon the premises; however, the music shall not be audible outside the premises. 11. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 12. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages is prohibited on or around these premises. 13. Loitering is prohibited on or around these premises. Petitioner shall immediately post "no loitering" signs. One sign on the south side and one sign on the east side of the business.