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HomeMy WebLinkAbout20799 - RESOLUTIONS - 12/17/2003 RESOLUTION 20799 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL BEER AND WINE AT AN EXISTING SERVICE STATION LOCATED AT 4875 E. RAMON RD., M-1 ZONE, SECTION 19. WHEREAS, Diab Ahmad Hussein ("applicant") has requested the adoption of a Resolution of Convenience and Necessity in order to sell beer and wine at an existing service station at 4875 E. Ramon Rd., M-1 Zone, Section 19; and WHEREAS, the City Council is being asked to adopt a Resolution of Convenience and Necessity pursuant to the requirements of the Alcoholic Beverage Control Board; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited to the staff report; and WHEREAS, all Conditions of Approval established at the time the use was established are to remain in full force and effect; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol, limited it to the sale of beer and wine; NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Resolution of Convenience and Necessity for the sale of beer and wine located at 4875 E. Ramon Rd., subject to the attached conditions of approval. ADOPTED this 17th day of December 2003. AYES: Members Foat, McCulloch, Pougnet, and Mayor Oden NOES: Member Mills ABSENT: None ABSTENTIONS: None ATTEST: CRTY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager d REVIEW AND APPROVED AS TO FORM: �Z Page 2 CONDITIONS OF APPROVAL , Gene Autry Shell 4875 E. Ramon Rd. December 17, 2003 Before final acceptance, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning and Zoning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0534 — CUP and the granting of Convenience and Necessity for the sale of beer and wine. The City of Palm Springs will promptly notify the applicant of any such claim, action, or ' proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein 2. Sales of Beer, Wine, Liquor or other Alcoholic Beverages must be offered only in conjunction with the secondary retail sale of food, groceries and sundries in which not less than 50% by value of the retail sales of all products, other than gasoline and other motor vehicle fuels, comprises sales of products other than beer, wine, liquor and other alcoholic beverages. 3. Video recording surveillance cameras shall be used to record all purchases and attempted purchases of alcoholic beverages. Signs shall be posted, one outside the building at or near the gasoline servicing area and another inside the building near the cash register notifying the public that "all alcoholic beverage transactions are monitored in cooperation with the Palm Springs Police Department." The videotape equipment used shall be such as to record at least 24 hours of operation, the tapes shall be maintained for the prior 72 hours, and the film shall be made available to any representative of the Palm Springs (Police Department within 24 hours of a request. The tapes shall be made available for use in evidence against any person who , purchased or attempted to purchase alcoholic beverages as well as for use in any court or administrative proceeding regardless of the type of criminal activity or the party or parties involved.