Reso 2647 81,051
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RESOLUTION NO. 2647 (MINUTE ORDER)
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
INTERPRETING THE GENERAL COMMERCIAL ORDINANCE 4.9
REGARDING THE DEFINITION OF A RESTAURANT WITH BAR
All SERVICE.
Background and Policy Intent
The General Commercial Ordinance Section 4.9 defines a
restaurant/bar as:
"a full-service or fast-food restaurant with a separate
cocktail bar or full-service or fast-food restaurant with an
area, tables or rooms intended primarily for serving
alcoholic beverages for consumption on the premises to
patrons who may or may not eat a meal.
Given the variety of eating establishments which serve alcoholic.
beverages in conjunction with food, the Planning Commission
hereby establishes a policy to aide the Planning Director in
determining whether a potential restaurant operation contains a
liquor dispensing operation or facility which requires said
restauranteur to apply for a Use Permit.
Policy .
If, in the opinion of the Planning.. Director, subject to an appeal
to the Planning Commission, the primary purpose of a particular
• area in a restaurant at anytime is to serve liquor or alcoholic
beverages, a Use Permit shall, be required. The following
criteria should be considered by the Planning Director .in making
his or her determination.
Criteria to Determine a Restaurant Which Does Not Contain a Bar.
Facility
1) Beer and wine (not hard liquor mixed drinks) is
dispensed from a food preparation serving area or
cashier which is clearly intended to serve patrons
purchasing food.
2) A dispensing bar for mixed drinks, beer or wine is
relatively small (10-20 sq. ft. ) and can only be
accessed by a waiter or cocktail waitress to serve
dining patrons consuming a meal . There is no seating
reserved exclusively for alcoholic consumption.
3) The sale of alcoholic beverages is clearly ancillary to
the food service facility during, before and after
normal dining hours.
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Planning Commission Resolution No. 2647 (Minute Order) 81,051
Criteria to Determine a Restaurant Which Contain a Bar Facility
1. The restaurant provides a separate cashier for patrons
IIPwho are served alcoholic beverages.
2. The restaurant/bar operation contains separate
waitresses who serve alcoholic beverages.
3. The restaurant contains a seating area with small
cocktail tables which are clearly to small for serving
food.
4. The restaurant contains a separate self-serving
dispensing bar for alcohol which is of a significant
size relative to a size of the restaurant.
5. The restaurant serves alcoholic beverages after 11:00
p..m.
PASSED AND ADOPTED this 10th day of April , 1985, at a regular
meeting of the Planning Commission of the City of Cupertino,
State of California, by the following roll call vote:
AYES: Commissioners Adams, Mackenzie,- Sorensen, Szabo,
Chairman Claudy
NAYS: None
41, ABSTAIN: None
ABSENT: None
ATTEST: APPROVED:
James H. Sisk John Claudy, Chairman
Planning Director Planning Commission
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