Item 27: Conditional Use Permit on Mr. Exotics Steakhouse

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COSM_Admin

Administrator
Staff member
Receive a Staff presentation and hold a public hearing to receive comments for or against and consider an appeal of the decision of the Planning and Zoning Commission to deny CUP-21-17, a request by John Mark Slack, on behalf of Mr. Exotics Steakhouse, for a new Conditional Use Permit to allow the sale and on-premise consumption of Mixed Beverages at 101 and 105 East Hopkins Street.
 

MDerrick

CoSM Members
Can we please get an update on some CUP issues. I know we had a CC committee that worked on this for a couple of years and we no longer have life-time CUP's.
1. Do we still have a limited # of straight alcohol CUPS for bars, and one for a restaurant bar where more than 50% of revenue is food? If so how many total and how many available? What do we base these numbers on these days?
2. I know that if approved for 6 months they would go back to PZ to ensure conditions are followed. I assume the biggest reason for this would be to ensure the food service is at 50% or more of their revenue, is that correct?
3. Could they have applied for a bar CUP or are none left?
4. Have they produced an actual menu and plan for action since they went before PZ?

Thanks!
 

JHughson

CoSM Members
Same question. Is this for a restricted or restaurant permit?
Given some of the questions asked at the PZC meeting, I'll ask them here.
What is the size of the kitchen and is it generally the size of kitchen we see for this many seats for this type of restaurant?
 
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COSM_Admin

Administrator
Staff member
Responses provided by Amanda Hernandez, Assistant Director of Planning:

1. Do we still have a limited # of straight alcohol CUPS for bars, and one for a restaurant bar where more than 50% of revenue is food?
Yes. See Section 5.1.5.5(C) for bars within the Downtown Central Business Area. For eating establishments that include the sales of alcohol (Restaurants) in the Downtown Central Business Area, see Section 5.1.5.5(B)(4)(b).

If so how many total and how many available?
25 Restaurant CUPs is the maximum allowed by Code; we have 17 Restaurant CUPs.
14 bars is the maximum allowed by Code; we have 13 Bar CUPs.
There is a waiting list for the 1 remaining as allowed by Section 5.1.5.5(C)(2)(b).


What do we base these numbers on these days?
Section 5.1.5.5 regulates the difference between a Restaurant and a Bar. In summary, a restaurant must sell food and a bar is not required to do so.

2. I know that if approved for 6 months they would go back to PZ to ensure conditions are followed. I assume the biggest reason for this would be to ensure the food service is at 50% or more of their revenue, is that correct?
That’s part of the equation. The other reasons are to check with other City Departments like Police and Code Compliance to make sure there haven’t been major issues occurring at the location in the duration of the CUP.

3. Could they have applied for a bar CUP or are none left?
They could have asked to have been placed on the waiting list for Bars within the Downtown CBA. However, they indicated they would sell food from the start.

4. Have they produced an actual menu and plan for action since they went before PZ?
No updates to the menu have been provided. It is not uncommon for a new restaurant to provide a draft menu to show minimum compliance with Chapter 5 Restaurant standards.

Other action: They have repainted the storefront per approved Administrative Certificate of Appropriateness and it appears that they have removed the decorative trim to the storefront windows and kickplate as required by the HPC. Staff has an inspection on-site scheduled for Tuesday morning with the applicant.


Same question. Is this for a restricted or restaurant permit?
This is for a restaurant permit – which were considered Restricted under the previous LDC. Bars were previously called Unrestricted.
Given some of the questions asked at the PZC meeting, I'll ask them here.
What is the size of the kitchen and is it generally the size of kitchen we see for this many seats for this type of restaurant? The plans show a 479 square foot kitchen / food prep area within the overall 3,000 square foot space (16%).

In comparison:
Saltgrass is approximately 8,000 square feet overall and attributes 1,713 square feet to the kitchen (21%).
Hawaiian Bros is approximately 3,555 square feet with 1,353 attributed to the kitchen (28%).
Industry is approximately 3,415 square feet with 576 attributed to the kitchen (17%).

Codes relating to commercial kitchens are more specific to life safety aspects of handling food for public consumption or egress during an emergency and do not regulate size.
 
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