PC 2018-08-07_08a Regal Cinemas CUP
MEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT 17-005; SALE OF
BEER AND WINE AT EXISTING MOVIE THEATER; LOCATION – 1160
W. BRANCH STREET; APPLICANT – REGAL CINEMAS, INC.; REPRESENTATIVE – STEVE RAWLINGS, ALCOHOLIC BEVERAGE CONSULTING
DATE: AUGUST 7, 2018
SUMMARY OF ACTION:
Approval of the Conditional Use Permit will allow beer and wine to be sold at the
existing Regal Cinemas movie theater.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving
Conditional Use Permit 17-005.
BACKGROUND:
The subject property is a 3.9-acre parcel located at 1160 W. Branch Street (Attachment
1). The property is zoned Regional Commercial (RC) and is currently developed with a
commercial movie theater. The property is surrounded by the 5-Cities Center The proposed project consists of allowing the accessory sale of beer and wine at the
concession stand at the movie theater. Approximately 120 theaters in California are
licensed to sell alcohol, including theaters in San Luis Obispo and Atascadero. The
California Department of Alcoholic Beverage Control (ABC) began licensing theaters for the sale of alcohol and in 2013, and developed a list of standard conditions of approval for theaters to sell alcohol (Attachment 2).
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposed project at their meeting of June 27, 2018. Members of the SAC, including the Police Department, reviewed the proposed project and the standard Regal Cinemas Alcohol Control Plan. Members of
PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-005
AUGUST 7, 2018
PAGE 2
the SAC were in support of the project and developed conditions of approval to ensure the alcohol sales are minimally impactful to the theater, the surrounding shopping
center, and the community as a whole.
ANALYSIS OF ISSUES: The General Plan designates the subject property for Regional Commercial land uses. The applicant has indicated that the movie theater industry is rapidly changing with the
expansion of streaming entertainment services. As such, theaters must make going to
the movie a better experience and providing what is considered to be a “luxury” amenity
like alcohol is one way to increase patronage of the theater. The sale of beer and wine at the existing movie theater is supported by the Economic Development Element of the General Plan. Specifically, Policy ED5-1 states calls for the City to “promote local
patronage and strong performance in satisfying local demand for goods and services
and the creation of additional jobs.”
Although the theaters are looking for ways to enhance the viewing experience of patrons, the applicant has indicated that families remain their core audience. Therefore,
movie theaters do not want the sale of alcohol to impact the viewing experience of their
core audience. The applicant has indicated that, on average, only ten percent (10%) of
patrons will purchase alcohol. Additionally, only ten percent (10%) of those individuals, or one percent (1%) of total patrons, will make an additional purchase.
The proposed project would allow sales of beer and wine to occur at the concession
stand only (Attachment 3). Orders from and deliveries to the auditoriums will not be
permitted. Patrons purchasing alcohol will be required to provide identification for themselves and those individuals physically present and providing identification at the register at the time of purchase, up to a maximum of two (2) beverages at any one time.
Theater management staff with specialized ABC training will be required to be on duty
at all times alcohol is on sale, which is anticipated to last until ten (10) minutes after the
start of the last movie of the day. In order to address concerns of intoxicated individuals at the theater, a condition of
approval has been developed that requires the Chief of Police to review calls for service
after the first year of alcohol sales. If, in the opinion of the Chief, an unacceptable
increase in calls for service to the theater has occurred, the Conditional Use Permit will be reviewed and further conditioned to address the issue.
ADVANTAGES:
The proposed project will allow the existing movie theater to expand their concession
offerings to better compete with the evolving entertainment industry and provide for a potential increase in sales and patronage.
DISADVANTAGES:
The proposed project would add alcohol sales to a venue heavily traveled by minors.
However, similar venues such as concerts and plays sell alcohol, the theater has taken
PLANNING COMMISSION CONSIDERATION OF CONDITIONAL USE PERMIT 17-005
AUGUST 7, 2018
PAGE 3
steps to ensure their core audience is not impacted by overconsumption, and conditions of approval have been developed to protect the public health, safety, and welfare.
ENVIRONMENTAL REVIEW:
The project was reviewed in accordance with the California Environmental Quality Act (CEQA) and determined to be categorically exempt per Section 15301(a) of the Guidelines regarding existing facilities.
PUBLIC NOTIFICATION AND COMMENT:
A notice of public hearing was mailed to all property owners within 300’ of the project site, was published in The Tribune, and posted at City Hall, on the City’s website, and at the project site on Friday and Saturday, July 27 and 28, 2018. The Agenda was posted
at City Hall and on the City’s website in accordance with Government Code Section
54954.2. No comments have been received.
Attachments: 1. Vicinity map
2. California Department of Alcoholic Beverage Control Theatre Standard
Conditions
3. Project Description and Standard Regal Cinemas Alcohol Control Plan 4. Project plans
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT 17-005; LOCATED AT 1160 W. BRANCH STREET; APPLIED FOR BY REGAL CINEMAS, INC.
WHEREAS, the project site is an approximately 3.9-acre site located in the Regional
Commercial (RC) zoning district and currently developed with a movie theatre; and WHEREAS, the addition of alcohol sales is permitted in the RC zoning district following
approval of a conditional use permit in accordance with the Arroyo Grande Municipal
Code; and
WHEREAS, the applicant has filed Conditional Use Permit 17-005 for the addition of accessory beer and wine sales at the movie theatre; and
WHEREAS, the request was reviewed in accordance with the development review
process identified in the Municipal Code; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and determined that the project is exempt per Section 15301(a) of the CEQA Guidelines regarding existing facilities; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on August 7, 2018; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist:
Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed use is permitted within the Regional Commercial district pursuant to Section 16.36.030 of the Development Code and the project complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan including Policy ED5-1 of the Economic Development Element and the development policies and standards of the City.
RESOLUTION NO.
PAGE 2
2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed use will not impair the integrity and character of the district in which it is to be established or located due to the anticipated participation in beer and wine consumption at the movie theatre and the implementation of conditions of approval developed for the project that are intended to protect the public health, safety and welfare. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is 3.9-acres and the layout of the existing movie theatre is suitable for the sale of beer and wine as proposed. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. No additional impacts to water, sanitation, and public utilities are anticipated to be impacted as a result of the proposed project. Conditions of approval developed for the project will additionally ensure public services are minimally impacted. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity.
The proposed use will not be detrimental to the public health, safety, or
welfare due to the anticipated participation in beer and wine consumption
at the movie theatre and the implementation of conditions of approval
developed for the project that are intended to protect the public health,
safety and welfare. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit 17-005 as set forth in Exhibit “B”,
attached hereto and incorporated herein by this reference, with the above findings and
subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference.
On motion by Commissioner _______, seconded by Commissioner _______, and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 7th day of August, 2018.
RESOLUTION NO.
PAGE 3
_______________________________
GLENN MARTIN, CHAIR
ATTEST:
_______________________________
MATTHEW DOWNING SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
TERESA MCCLISH COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 17-005
1160 W. BRANCH STREET
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes the sale of beer and wine at the established movie
theatre located at 1160 W. Branch Street.
2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval for Conditional Use
Permit 17-005.
4. This application shall automatically expire on August 7, 2020 unless a building
permit is issued.
5. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of August 7, 2018.
6. The applicant shall agree to indemnify, defend, and hold harmless at his/her sole
expense any action brought against the City, its present or former agents, officers,
or employees because of the issuance of said approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney's fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this
condition.
7. A copy of these conditions shall be incorporated into all construction documents
related to alcohol sales.
8. All new construction shall utilize fixtures and designs that minimize water and
energy usage. Such fixtures shall include, but are not limited to, low flow
showerheads, water saving toilets, instant water heaters and hot water
recirculating systems. Water conserving designs and fixtures shall be installed prior to final of the building permit.
RESOLUTION NO.
PAGE 5
9. All conditions of this approval run with the land and shall be strictly adhered to,
within the time frames specified, and in an on-going manner for the life of the
project. Failure to comply with these conditions of approval may result in an
immediate enforcement action. If it is determined that violation(s) of these
conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100.
SPECIAL CONDITIONS
10. A manager shall be on the premises and on duty at all times when alcohol is available for sale.
11. No more than two (2) alcoholic beverages shall be sold or served to any one (1)
person during any transaction. Patrons may only purchase alcohol beverages for
themselves and those individuals physically present and proving identification at the register at the time of purchase.
12. Containers used to serve alcoholic beverages shall be translucent plastic vessels
and clearly distinguishable from those used to serve non-alcoholic beverages.
13. Alcohol shall only be obtained in person from the designated points of sales at the
concession stand. No orders for alcohol shall be taken in the auditorium.
14. Staff shall visually monitor each theatre at least every thirty (30) minutes during every moving showing to monitor patron behavior.
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
15. The project shall comply with the most recent editions of all California Codes, as adopted by the City of Arroyo Grande.
16. The applicant shall show proof of inspection by the San Luis Obispo County Health
Department prior to final of the building permit.
17. Any review costs generated by outside consultants shall be paid by the applicant.
ENGINEERING DIVISION AND PUBLIC WORKS DEPARTMENT CONDITIONS
GENERAL CONDITIONS
18. All project improvements shall be designed and constructed in accordance with the
most recent version of the City of Arroyo Grande Standard Specifications and
Engineering Standards.
RESOLUTION NO.
PAGE 6
CURB, GUTTER, AND SIDEWALK
19. The applicant shall ensure ADA facilities at the southeast corner of the building
and the driveway entrance located halfway between Rancho Parkway and Town
Center Drive meet current ADA standards, unless determined unnecessary by the City Engineer or Building Official.
POLICE DEPARTMENT CONDITIONS
20. The applicant shall notify the Chief of Police when alcohol sales begin. After one (1) year of sales, the Chief of Police shall review additional calls of service to the
theatre as a result of the use. If the Chief of Police determines that calls for service
are too burdensome, the Planning Commission shall review Conditional Use
Permit 17-005 for additional conditions of approval to alleviate the additional calls
for service.
21. The applicant shall submit a copy of the Theater’s Alcohol Control Plan to the
Chief of Police for review and approval.
22. All staff selling alcoholic beverages shall have appropriate training to confirm validity of identification and overconsumption.
EXHIBIT "B"
ATTACHMENT 1
California Department of Alcoholic Beverage Control Theatre Standard Conditions Revised 2013
WHEREAS, the proposed premises operates as a (multi-theater movie complex) or (singletheater) which contains general spectator seating; and,
WHEREAS, the privilege conveyed with the applied-for license requires that the petitioner(s) operate(s) the premises, in good faith, as a Bona Fide Public Eating Place; and,
WHEREAS, the issuance of an unrestricted license would be contrary to public welfare or morals;
NOW THEREFORE, the undersigned petitioner(s) do/does hereby petition for a conditional license as follows, to-wit:
0 I. At all times when the premises is exercising the privileges of their license, the sale of food, in compliance with Section 23038 of the Business and Professions Code, shall be offered and available for purchase.
02.All sales and service of alcoholic beverages for consumption in the general spectatorseating areas shall be made only from concession stands, portable stands or bars, or fixedbars, and shall not be sold, served, or delivered to customers by individual ambulatoryvendors, commonly known as "hawkers".
03.Points of sale of alcoholic beverages shall not be maintained within the theater auditoriums.
04.Notwithstanding conditions & #3, above, alcoholic beverages may be sold or served bywaiters or waitresses in the general spectator seating areas under the following conditions:
a.Only persons occupying seats in the designated theaters shall be permitted toorder and be served alcoholic beverages.
b.Orders from patrons seated in these theaters must be made to the waiter orwaitress serving that area, and the alcoholic beverages must be personallydelivered to the patron by the waiter or waitress who took the order.
c.The waiter or waitress serving in the theaters shall not carry a supply of unorderedalcoholic beverages.
05.No more than two (2) alcoholic beverages shall be sold or served to any one (I) personduring any transaction.
06.Alcoholic beverages shall be served in containers which significantly differ in appearancefrom those containers utilized for non-alcoholic beverages. Containers for beer shall not
ATTACHMENT 2
exceed 16 ounces. This condition does not preclude the service of alcoholic beverages in their original containers.
07.At all times when the premises is exercising the privileges of their license, an employee ofthe premises shall enter and monitor the activity within the theaters on a regular basis, but
no less than once every 30 minutes.
Proposed Use:
Project Description
Regal Cinema Stadium 10
1160 W. Branch Street
August 27, 2017
Serve beer and wine for on-site consumption (ABC Type 41 License) within an established movie theatre
through strict compliance to attached "Alcohol Control Plan" and ABC Standard Conditions for movie
theatre licenses.
Hours of Operations: 10:00 a.m. to 1:00 a.m. -Daily
Employee Training:
All managers and servers will complete a CA Dept. of Alcoholic Beverage Control approved responsible
beverage service training program within 30 days of being hired.
Alcohol Service: Alcohol may only be purchased at one location at the Concession Counter. Please refer
to attached "Alcohol Control Plan" for more details.
Food Service: Regal Cinemas offers an extensive food menu at the Concession Counter and food will be
available at all times alcohol is served.
About Regal Cinema:
Regal operates the largest and most geographically diverse theater circuit in America, consisting of 7,334
screens in 588 locations in 44 states along with American territories Guam, Saipan, American Samoa,
Grand Cayman, and the District of Columbia, as of September 2013. The three main theatre brands
operated by Regal Entertainment Group are Regal Cinemas, Edwards Theatres, and United Artists
Theatre.s. Regal is publicly traded on the NYSE under the symbol: RGC.
Regal is investing millions of dollars in renovations to enhance the movie going experience.
Enhancements to the theatres include replacing seats with luxurious recliners and adding food and
beverages menu items including the sale alcohol.
ATTACHMENT 3
L
ENTERTAINMENT GROUP
Regal Cinemas/Edwards Theaters
Alcohol Control Plan
The following control measures will be in place at the premises at all times:
1.Minors. Minors will be admitted to all G, PG, and PG' 13 rated movies at alltimes with or without a parent, guardian, spouse, or domestic partner. Minors
under 17 years of age will be admitted to R rated movies only if accompanied by aparent, guardian, spouse, or domestic partner who is age 21 or over.
2.Auditoriums. In all auditoriums, there are fixed seats available for each patron,
with the exception of open spaces reserved for patrons utilizing ,vheelchairs. In allauditoriums, we will require each patron to sit in a fixed seat or their providedwheelchair and will have no location for patron standing or dancing.
3.On-site manager. There will be a manager on the premises and on duty atall times when alcohol is available for sale.
4.Identification. All patrons wishing to purchase alcohol will present state or
federal personal identification ,vith photo for inspection demonstrating they are21 years of age or older. Identification must be presented each time an alcoholbeverage is purchased.
5.Underage consumption/possession. If a patron appears to be underage and isconsuming alcohol, a staff member will ask to verify ID again. Any minor foundwith an alcohol beverage will have the beverage removed immediately and theminor will be required to leave the premises. Any patron found to have given
alcohol to a minor will be required to leave the premises immediately,
6.Limit of one container per patron. A patron may only possess one container ofalcohol at one time. Patrons may only purchase alcohol beverages for themselves
and those individuals physically present and providing identification at theregister at the time of purchase.
7.Containers. Containers used to serve alcohol beverages will be translucent plastic
vessels and clearly distinguishable from those used to serve non-alcohol
beverages.
8.Concession orders onlv. Patrons must obtain their alcohol beverages in person from
the designated point of sales at the concession stand. We will not take orders for or
deliver alcohol to patrons in the auditoriums.
9.Auditorium monitoring. Staff will visually monitor each theatre at least every thirtyminutes during every movie showing to monitor patron behavior.
(2%73224;! l Page 1 of 2
10.Training. Staff will receive training on patron removal procedures for patrons
who are showing visible signs of intoxication or who are found or suspected ofviolating this plan. Staff will also receive training on which types ofidentification will be accepted and on determining the validity of identification.
11.Food service. Food and concession items will be accessible during all hours of
operation at the concession stand as is practical.
Regal Cinema/Edwards Theatre -Concessions Menu
Appetizers & Snacks
Entrees & Sandwiches
Sweets & Popcorn
Menu
JALAPENO POPPERS
ONION RINGS
CHURROS
FRENCH FRIES
CHEESE STICKS
NACHOS WI CHEESE
PRETZELS
CINNABON GOOEY BITES
BONELESS CHICKEN WINGS
CORN DOG NUGGETS
PEPPERONI PIZZA
CHEESE PIZZA
NATHAN'S HOT DOG
CHICKEN SANDWICH
CHICKEN TENDERS
HAMBURGER
CHEESEBURGER
DIBS ICE CREAM
AIRHEADS EXTREME
BUNCHA CRUNCH
BUTTERFINGERS
CARE BEAR GUMMIS
CHEWY SWEETARTS
COOKIE DOUGH BITES CHOC. CHIP
HOT TAMALES
JUNIOR MINTS
M&M'S PEANUT
MENTOS
MIKE&IKE
MILK DUDS
RAIS/NETS
RED VINES
REESE'S PIECES
SNICKERS BITES
SNO CAPS
Page 1 of 3
Menu
Regal Cinema/Edwards Theatre -Concessions Menu
Page 3 of 3
ATTACHMENT 4