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Home My WebLink About07/19/1994, 4 - APPEAL OF A BIA BOARD OF DIRECTORS DECISION TO DENY APPROVAL OF AN APPLICATION FROM THE JUICE MAN TO PARTICIPATE IN THURSDAY NIGHT ACTIVITIES. 0111111 W� ll city of san ; s o��spo MEQ: 19 ITEM NUMBER: Main= 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, and concurring 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 which Mr. Campbell has been a member for the past year, has bAen 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 I Proposed Application Th applicant is requesting to use his soda cart during Farmers' Market . The BIA would support this request if The Juice Man c.ar_t also operated during normal business hours in a downtown location. The BIA fe^ls that the purpose of the application is to participate in a seasonal manner at Farmers' Market in a manner ;7hich differs from tho normal scope of daily business . The BIA requires that 'downtown b'lsiine:ses he open year round in order to participate in the weekly event. This application focuses on Farmers ' Market as a sole means .�f business rather than a promotion for a downtown business . Attachments• "A" Business License Tai Certificate "B" Memo and letter from City Attorney "C" Resolution 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: XIES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1994. Peg Pinard, Mayor ATTEST: Diane Gladwell, City Clerk --APPROVED AS TO FOR14: f oen n, ity clerk MEMORANDUM 10: 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. y �y MEMORANDUM FROM THE OFFICE OF THE CITY ATTORNEY June 10, 1994 TO: Lynn Block, BIA Administrator FROM: Jeff Jorgensen, City Attorney SUBJECT: TNA Application 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 ORI�� l �� IUlli�l � cl, . , sAn Jul'S OBISPO * 980 Palm Street/PostOfflce'f3oz 8100• San Luis Obis � ., :-.• : . ._• �,•..- <.�._.r.,.. --- — po,CA 83403.8100 . . . APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Tule I, Chapter 1.20 of the San Luis Obispo Municipal Code,the undersigned herebyappeaisfrom thedecision of�/g rendered on Ai �Ty 1-1 which decision consisted of the following (I.e. set forth factual sftuation and the grounds for submitting this appeal. Use additional sheets as needed): 6ve?Oz y d9r4lobelll Ow`1e QT e 3vr c e i+�og�i �S /�I�PQ�:Ghc� o�ecl5�� OF 8.1.1q. Boaow a(,eri yi'�+�. oLPpLic4L ko" To Ptg12 ��c'�/�f� �f /?YViKI�r,�nr �icaec,q0-1 A-7 m e�45 / &44Rn� R41le5� f rra5, �t'yula q, i k-Y The undersigned discussed the.declsion being appealed with: on DATE &TIME APPEAL RECEIVED: , Appellant: HC ,30 j Clio ame e RECEIVED . �Z:�P/-r KOPPOSentatlVe JUN 1 Ar 19942690 VIL cmr COUNCIL AddrOSS 5,.qh Lo%s ag�s�po C7A. ?39c)� SAN LUIS Oa1SM- CA (g�0� " Original to City Berk City Attorney Calendared for. vl - Copy to Administrative Officer Copy t the•foUdepartment(s): 0/0 � . ��VGII tIIIINullllllpulllll j 11111111111I I Glut % sAn US OBISPO Certificate No. Co `t I / BUSHISS TAX CERTIFIC1E4A5PDP/0L01CA&T41084 mance Department • 990 Palm Street!P.O. Box 8100 • San Luis Obispo,CA 93403-8100 • (805)781-71 4 Application for. New Business ❑�aChange of Mailing Address 13 Change of Location ElOwn Change of ership Appfirxrd �'3f�Frio�2 �. t1&D,�� (� BusinessName Mf��t,701 CP Mllj9 � Doing Business As(DBA) Mailing Address �, 'cXQ 1//C,4012.14t-4 ir-,f- ALO (A . 4?3!�.Z Suite No. BusinessLocation _262 All!q Uel 5&77 Ciry ( 9KN state '( — Zip L ForrnerOwner/Tenant(ifknown) !�} Telephone No.(Business) 123 1 Q Telephone No.(Home) _ AM Legal Status(Sole Proprietor,Corporation,etc.) 6:)&4_2 pgoo 2l+B fol? vm List names,home addresses and social security numbers of all principals in the business(use additional pages if necessary) - //lr fact S f � Type of Business: 9 Retail ❑ Wholesale ❑ Professional A Service ❑ Property Rental(Residential) ❑ Property Rental(Non-Residential) ❑ Manufacturing ❑ Contractor Does your business have non-profit status? ❑ Yes -9 No If yes,will you be doing solicitations? ❑ Yes No yes,the solicitations will be performed by: ❑ Owner ❑ Employee ❑ Volunteer ❑ Hawker m rn rn Gross Receipts State Sales Tax No. Federal ID No. State License No.(if applicable) State Franchise Tax IDNo. Desmbethermh reofyourbusiness: j3?LA6xCt-,5-e 01466-5 If this application is for change of location,mailing address or ownership,complete the following: Previous Business Name Previous Location/MaTing Address PreviousOwner CIL O Coo ni Applicant/Representative:I have reviewed this application and the attached material. The information i the best of rff WF I•understand that in Mon to obtai ' g a bus' tax ce 'ficate,I st comply with all other city, Iatio�.P`y DIR CLERK'O" ❑ POUCE CHF Signed Title MGMT TFAM 0 REC DIR Date 2D FILE ❑ UTIL DIR ❑ PERS DIR Approvals Required: ❑ Community Development Department Signature Title Date ❑ Police Depatment Signature Title Date ❑ Other: Signature Title Date FOR OFFICE USE ONLY ClassificationNumber U�' Business Group (0- BI Yes A No Payment Date (n Tax Amount Paid 450, 00 2MO.6313 ®Printed an recycled paper. FINANCE