HomeMy WebLinkAbout07/07/1994, 2 - APPEAL OF A BIA BOARD OF DIRECTORS DECISION TO DENY APPROVAL OF AN APPLICATION FROM THE JUICE MAN TO PARTICIPATE IN THURSDAY NIGHT ACTIVITIES. �w►��afl�p� 1�� city of San t OBispo . MEV7fR7:
ITEM NUMBER:
COUNCIL AGENDA REPORT
FROM: Lynn Block, Administrator,
Business Improvement Association
SUBJECT: Appeal of a BIA Board of Directors decision to
deny approval of an application from The Juice Man
to participate in Thursday Night Activities.
CAO RECOMMENDATION
Adopt a resolution denying the appeal, andconcurring with
the BIA Board' s action.
DISCUSSION
Situation
On June 14, 1994 the BIA Board denied an application from
Greg Campbell, owner of The Juice Man, to participate at
TNA/Farmers' Market on the basis that one coin operated
vending machine does not constitute a retail business.
The BIA rules define "a retail business as one which
.operates during normal business hours on a year round basis
and holds required BIA, city and state permits . "
The Juice Man currently operates as a coin operated vending
machine in the lobby of a primarily residential location at
762 Higuera.
The BIA Thursday Night Activities Committee, of whi:.h Mr.
Campbell has been a member for the past year, has been
encouraging Mr. Campbell to re-instate his soda cart
business. The Juice Man cart was located behind Big Music
for several months during the summer of 1993 .
Allowance of the application would endanger the viability
of the market. The only retail businesses allowed to
participate are downtown merchants. The allowance of
vending machines as a retail business could open
participation to a variety of vending machine products.
Data Summary
Appellant: Greg Campbell, Owner of The Juice Man
Business Address: 762 Higuera
Zoning: C-C-H
s -/
ary used Anplicatic^
'he applicant is requesting to use his soda cart during
Farmers' Market . The BIA would support this request if The
Juice Man cart also operated during normal business hours in
a downtown location.
Iha RIA feels that the purpose of the application is to
participate in a seasonal manner at Farmers' Market In a
:canner which uiffers from the normal scope of daily
b'.lsiness . The BIA requires that downtown bl.lsi.nesses be open
year round in order to participate in the weekly event.
This application. fccuses on Farmers' Market as a sole means
of business rather than a promotion for a downtown business .
Attachments:
"A" Business License Tax Certificate
"B" Memo and letter from City Attorney
Resolution
,�z
RESOLUTION NO. ( 1994 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN
.APPEAL OF THE BUSINESS IMPROVEMENT ASSOCIATION BOARD OF DIRECTORS ACTION TO
DENY A REQUEST BY THE OWNER OF THE JUICE MAN FOR AN APPLICATION TO THE
THURSDAY NIGHT ACTIVITIES/FARMERS' MARKET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows :
SECTION 1. Findings. That this Council, after consideration of public
testimony, the applicants ' request of the BIA Board of Directors, the
appellants' statements, the Business Improvement Association Board of
Directors action, staff recommendations and reports thereon, makes the
following findings:
1 . The single coin operated vending machine located at 762 Higuera
does not constitute a retail business that operates during normal
hours on a year round basis in the BIA district.
SECTION 2. Action. The Council hereby upholds the appeal and denies the
application proposed by The Juice Man.
On motion of seconded by and
on the following roll call vote: '
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of 1994 .
Peg Pinard, Mayor
ATTEST:
Diane Gladwell, City Clerk
APPROVED AS TO FORM:
f oen n, ityclerk
,Z-3
MEMORANDUM
TO: Jeff Jorgensen, City Attorney
FROM: Lynn Block, Administrator
DATE: June 9, 1994
RE: TNA Application
Jeff, could you please assist the BIA with a ruling on an
application from The Juice Man to participate at
TNA/Farmers' Market. Greg Campbell, owner of The Juice Man,
located at 762 Higuera (above Mission Office products in a
mostly residential area) , applied to participate. The TNA
Committee misunderstood his application, thinking he was
operating his juice cart at this location, and allowed him
to participate.
After researching the issue, it was discovered that a coin
operated vending machine is located at the above stated
address. The Committee ruled to pull The Juice Man' s
permit.
Greg Campbell is appealing this decision to the BIA Board,
stating that he is a retail business in the downtown. The
Committee disagrees. Could you give us your opinion on
vending machines, are they fitting in the definition of
retail businesses?
Secondly, Greg Campbell has re-applied to participate
stating that his business will be open from 11-2 on
Thursdays and Fridays. He stated that he would be staffing
the business and set up a table in the vending machine area.
The TNA Committee did not approve this application stating
that he is not operating as a retail business and does not
have normal business hours. (See TNA Rule book) .
My feeling is that a like business, hot dog carts or Blazing
Blenders, has more retail hours and is consistent with a
traditional restaurant format.
The BIA is trying to avoid businesses that are in business
only for Thursday Nights since the event is designed to
promote downtown businesses that are in business daily.
The BIA will be hearing the appeal on Tuesday, June 14, 1994
at 7: 30 a.m. Could you get me a response before this date?
Thank you for your help.
MEMORANDUM
FROM THE OFFICE OF THE CITY ATTORNEY
June 10, 1994
TO: Lynn Block, BIA Administrator
FROM: Jeff Jorgensen, City Attorney Q�
sUBJECT: TNA Application `/7a
I have reviewed your memo of June 9, 1994 and offer the following
comments. The BIA has the authority, subject to City Council
approval, to establish rules and regulations for Thursday night
activities which carry out the purpose and intent of the event.
The only limitation would be that the rules are reasonable and not
arbitrary. Included in this authority would be the right to
exclude marginal , temporary, sham, shell, or other types of
businesses intended to circumvent the goal of reserving commercial
activity during Thursday Night for those businesses in the downtown
BIA which have a legitimate on-going substantial business presence.
It would seem to me that this would also carry with it the
discretion to determine that one vending machine does not
constitute a true business presence for the purpose of the rules.
Having said the above, I would like to emphasize that I am not
advocating a particular decision with respect to the Juice Man
appeal. It is important for the BIA Board to carefully consider
the facts presented by the appellant and to analyze them in
relationship to the rules as they currently exist. It is a matter
of judgment for the BIA Board to act according to their best
analysis based upon the facts presented at the appeal.
JGJ/sw
cc: John Dunn
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