Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10/05/1999, 1 - APPEAL OF PLANNING COMMISSION DECISION TO APPROVE A USE PERMIT MODIFICATION TO ALLOW THE SALE OF BEER AND WINE AT A FAMILY ENTERTAINMENT CENTER IN THE MARIGOLD SHOPPING CENTER; KIDZPLAY, LLC, APPLICANT; 3860 BROAD STREET #1; MOD125-99, A20
council Wei"°1 ,5 _ j AGEnaA Report It..N.6. C I TY OF SAN L U IS O B I S P O FROM: Arnold Jonas, Community Developmen Director Prepared By: John Shoals,Associate Planne SUBJECT: APPEAL OF PLANNING COMMISSION DECISION TO APPROVE A USE PERMIT MODIFICATION TO ALLOW THE SALE OF BEER AND WINE AT A FAMILY ENTERTAINMENT CENTER IN THE MARIGOLD SHOPPING CENTER; KIDZPLAY, LLC, APPLICANTS; 3860 BROAD STREET 41; MOD125-99;A206-98. CAO RECOMMENDATION Adopt a resolution denying the appeal and upholding .the Planning Commission's decision to approve the use permit modification based on the findings and conditions listed in draft resolution"A." DISCUSSION Project Description The item before the Council is an appeal of the Planning Commission's decision to approve an amendment to use permit, A206-98. Originally approved in December of 1998, the use permit (A206-98) allows the establishment of a children's activity center, serving young children (up to the age of 12 years) and their families, at the Marigold Center. The requested use permit amendment(MOD 125-99) is to allow the sale of beer and wine at the family-oriented facility. It is important to note that if the use permit amendment is denied, the children's activity center can still be established without the sale of alcoholic beverages. A detailed project description is contained in the Planning Commission staff report dated August 11, 1999 (Attachment 7). Hearins Officer Action The use permit modification was considered by the City's Hearing Officer on July 2, 1999. The City Hearing Officer expressed several concerns regarding the applicant's request to sell beer and wine at what was originally described as an activity center for children, ages up to 12 years old, and their families. Those concerns included: the appropriateness of alcohol sales at a facility primarily catering to children; the applicants' comparison of the proposed use to restaurants and similar food-serving establishments (i.e., Captain Kids, Chuck E. Cheese's and The Graduate) to justify the sales of beer and wine; the compatibility of the modified use with existing businesses in the shopping center and surrounding residential uses; and what appears to be an overstated importance of alcohol sales to the success of the business. 1 -1 Council Agenda Report,N. 125-99(KidZPlay) 3860 Broad Street Page 2 The Hearing Officer found that the modified use will: (a) adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine substantially increases the potential for conflicts between the use and the surrounding residential uses; (b)the modified use is not appropriate at the proposed location because allowing the sale of beer and wine will likely cause unreasonable compatibility problems with existing uses in the Marigold Shopping Center; (c) there are several restaurants, within the shopping center,that serve beer and wine which are reasonable alternatives to allowing the sale of beer and wine at the children's activity center; and (d) the sale of beer and wine is not essential to the primary function of the business which is to provide children's entertainment. A copy of the minutes from the administrative hearing is included in the attached Planning Commission Staff Report. On July 9, 1999, the applicant appealed the Hearing Officer's decision to the Planning Commission. The grounds of the appeal and staff's evaluation are discussed in the Planning Commission staff report(Attachment 7). Planning Commission Action The project was reviewed by the City Planning Commission on August 25, 1999. Commission comments focused on: how the use should be defined (i.e., a restaurant, bar or family entertainment center); whether the sale of beer and wine is appropriate at a family entertainment center; and the City's and the State Alcoholic Beverage Control Department's (ABC) roles in regulating the sales of alcohol. There was substantial public testimony given in support of the project. Prior to the hearing, City staff received numerous letters opposing the sale of beer and wine at KidZPlay, however, only one person spoke in opposition at the public hearing. A majority of the Commissioners felt that the use should be classified as a family entertainment center rather than a center solely dedicated to children's activities (i.e., The Children's Museum). The Commission also determined that the use is not a restaurant, but it will have a small snack area that would allow food to be served with beer and wine. Attachment 8 is a reduced scale floor plan that was submitted and approved with the building permit for tenant improvements. In addition, the Commission felt that the use would not be incompatible with existing uses as no existing businesses in the shopping center or surrounding residents had voiced opposition to the liquor license application processed with the ABC. Finally, the Commission felt that the applicant should have the right to have beer and wine available for its adult patrons. It should, however, be noted that some of the Commissioners expressed concerns with the project's evolving description and the fact that the applicants did not disclose their plans to sell beer and wine as part of the original use permit application. They felt that if the applicants had disclosed this information, the use would more than likely have been classified as a different use with different parking requirements and water usage. For example, if the use were defined as a restaurant use it would have a higher parking requirement and water demand than a children's activity center. There was also a concern with the applicant's future plans to have overnight care. 1--2 Council Agenda Report,N. A 25-99(KidUlay) 3860 Broad Street Page 3 After extensive discussion, the Planning Commission voted 5 to 2 (Commrs. Jeffrey and Whittlesey voting no) to uphold the appeal and approve the use permit modification, based on following findings and subject to the following conditions. Findings a) The sale of beer and wine is minor and incidental to the business's primary function of providing family entertainment; b) The modified use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine will be limited to adult guests and will be heavily regulated, by the business and the Department of Alcoholic Beverage Control, to assure that an unsafe environment is not created at the premise and the shopping center. c) The modified use is appropriate at the proposed location because the sale of beer and wine is an accessory use that will not change the primary function of the family entertainment center which is compatible and complimentary to the existing uses in the Marigold Shopping Center. Conditions: 1. Beer and wine may be sold only in conjunction with the selling of food items from the snack bar. 2. Sales of beer and wine shall be limited to between the hours of 12:00 noon and 10:00 p.m. 3. There shall be no advertisement or display of beer or wine visible from off the premises. Appeal Filed On August 31, 1999, the Planning Commission's decision was appealed by Melba Heasley, representing a group of concerned citizens of San Luis Obispo City and County. The appellants express three primary concerns including: driving under the influence, "sending the wrong message"and child abuse. Attachment 3 is a copy of the appeal letter filed with the City Clerk. The Planning Commission was convinced that KidZPlay's adopted policies and procedures, which includes ABC training, will effectively minimize the risk of patrons drinking and driving under the influence. The Planning Commission and staff would concur that drinking in front of children sends the "wrong message." However, the Commission felt that KidZPlay was not asking for special privileges as the sale of beer and wine is a part of many activities in the City and County. The Commission also felt that KidZPlay would be a good alternative to The Graduate. Attachment 4 is the applicant's response to the appeal. I--3 Council Agenda Report,A 125-99(KidZPlay) 3860 Broad Street Page 4 CONCURRENCES No comments were received from other City departments. FISCAL IMPACTS None ALTERNATIVES 1. Uphold the appeal, thereby denying the use permit modification to allow the sale of beer and wine at the family entertainment center, based on the findings listed in draft resolution`B." 2. Continue discussion if additional information is needed. Direction should be given to staff and the applicant. ATTACHMENTS Attachment 1 - Draft Resolution "A" - Deny Appeal Attachment 2 - Draft Resolution `B" - Uphold Appeal Attachment 3 - Appeal Letter Attachment 4 - Applicant's Response to Appeal Letter Attachment 5 - Planning Commission Resolution No. 5264-99 Attachment 6 - Draft Planning Commission Minutes Attachment 7 - Planning Commission Staff Report, dated August 11, 1999 Attachment 8 - Reduced Scale Floor Plan From Approved Building Permit Plans Attachment 9 - Reduced Scale Site Plan of Marigold Center JShoals/CCNOD 125-99(KIDZPLAY) r--4 Attachment 1 DRAFT RESOLUTION "A" RESOLUTION NO. (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION,THEREBY APPROVING A USE PERMIT MODIFICATION TO ALLOW THE SALE OF BEER AND WINE AT A FAMILY ENTERTAINMENT CENTER IN THE MARIGOLD SHOPPING CENTER(KIDZPLAY),3860 BROAD #1, MOD125-991 A206-98 WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on August 25, 1999, for the purpose of considering an appeal of the Hearing Officer's decision to deny a use permit modification to allow the sale of beer and wine at a children's activity center(family entertainment center) in the Marigold Shopping Center; and WHEREAS, on August 25, 1999, the City Planning Commission upheld the appeal, thereby approving use permit modification (MOD125-99) based on findings and subject to conditions listed in Planning Commission Resolution 5264-99, incorporated herein by reference; and WHEREAS, the Planning Commission's action was appealed to the City Council by Melby Heasley and 16 others on August 31, 1998; and WHEREAS, the City Council conducted a public hearing on, October 5, 19.99, for the purpose of considering the appeal to the Planning Commission action on Use Permit Modification, MOD125-99; and WHEREAS, the City Council has considered testimony of the applicant/appellant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff; and BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION L. The appeal is denied and the use permit amendment is approved based on the following findings: 1. The sale of beer and wine is minor and incidental to the business's primary function of providing family entertainment. 2. The modified use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine will be limited to adult guests and will be heavily regulated, by the business and the Department of Alcoholic 1._5 Resolution No. (195 :ries) Page 2 Beverage Control, to assure that an unsafe environment is not created at the premise and the shopping center. 3. The modified use is appropriate at the proposed location because the sale of beer and wine is an accessory use that will not change the primary function of the family entertainment center which is compatible and complimentary to the existing uses in the Marigold Shopping Center. SECTION 2. Conditions. The use permit amendment is approved subject to the following conditions: 1. Beer and wine may be sold only in conjunction with the selling of food items from the snack bar. 2. Sales of beer and wine shall be limited to between the hours of 12:00 noon and 10:00 p.m. 3. There shall be no advertisement or display of beer or wine visible from off the premises. On motion of , seconded by ,and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 5`h day of October, 1999. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: vity//A om Wey Jorgensen JShoals/CC/MOD 125-99ResA r -6 Attachment 2 DRAFT RESOLUTION "B" RESOLUTION NO. (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY DENYING A USE PERMIT MODIFICATION TO ALLOW THE SALE OF BEER AND WINE AT A FAMILY ENTERTAINMENT CENTER IN THE MARIGOLD SHOPPING CENTER(KIDZPLAY),3860 BROAD#1, MOD125-991 A206-98 WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on August 25, 1999, for the purpose of considering an appeal of the Hearing Officer's decision to deny a use permit modification to allow the sale of beer and wine at a children's activity center(family entertainment center) in the Marigold Shopping Center; and WHEREAS, on August 25, 1999, the City Planning Commission upheld the appeal, thereby approving use permit modification (MOD125-99) based on findings and subject to conditions listed in Planning Commission Resolution 5264-99, incorporated herein by reference; and WHEREAS, the Planning Commission's action was appealed to the City Council by Melby Heasley and 16 others on August 31, 1998; and WHEREAS, the City Council conducted a public hearing on, October 5, 1999, for the purpose of considering the appeal to the Planning Commission action on Use Permit Modification, MOD125-99; and WHEREAS, the City Council has considered testimony of the applicant/appellant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff; and BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION L. The appeal is upheld and the use permit amendment is denied based on the following findings: 1. The modified use will adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine substantially increases the potential for conflicts between the use and the surrounding residential uses. ( -7 Resolution No. (199; ries) Page 2 2. The modified use is not appropriate at the proposed location because allowing the sale of beer and wine will likely cause unreasonable compatibility problems with existing uses in the Marigold Shopping Center. 3. There are several businesses, within the shopping center, that serve beer and wine which are alternatives to allowing the sale of beer and wine at the children's activity center. 4. The sale of beer and wine is not appropriate to primary function of the business which is to provide children's entertainment. 5. The use is a family entertainment center with snack bar and not a restaurant with limited area for games, and the sales of beer and wine is inconsistent with that type of use as demonstrated in a random survey of existing family entertainment centers nationwide. 6. Allowing the sale of beer and wine will substantially change the use as originally described and approved by the City Hearing Officer. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 5" day of October, 1999. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: �fity AjKbmJrey . Jorgensen JShoals/CC/MOD 125-99ResB r -s 0 .7'Aty 0 SAn Attachment 3 APPEAL TO THE CITY COUNCIL In accordance with the appeals procedures as authorized by Title, 1, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of Planning Commission rendered on August 25 , 1999 which consisted of the following (i.e., explain what you are appealing and the grounds for submitting the appeal. Use additional sheets as needed.) See Attached Letter The undersigned discussed the decision being appealed with: John Shaols , Community Dev on Aueust 31 . 1999 Name/Department (Date) Appellant: Melba Heasley 111 Oro Dr. , Arroyo Grande, CA NamelT"itle Mailing Address (& Zip Code) 93420 473-7033 Home Phone Work Phone Representative: N/A Name/r'ttle Mailing Address (& Zip Code) For Official Use Only: Calendared for October 5, 1999 Date & Time Received: c: City Attorney RECEIVED City Administrative Officer Copy to the following'department(s): I SEP 3 - 1999 Community Development-Arnold Jonas SLO CITY CLERK Ron Whisenand Tnhn Shoals Original in City Clerk's Office 1--9 AUGUST 26,1999 RECEIVED _ DEVELOPEMENT REVIEW MANAGER SEP 3 ' 1999 CITY OF SAN LUIS OBISPO SLO CITY CLERK - 990 PALM STREET SAN LUIS OBISPO,CA 93401 DEAR SIR/MS: THIS LETTER IS TO VOICE THE OPINION OF CONCERNED CITIZENS OF THIS CITY/COUNTY REGARDING THE APPROVAL TO SERVE ALCOHOL AT KIDZPLAY. WE THINK THE DECISION TO ALLOW ALCOHOL TO BE SERVED AT THIS ESTABLISHMENT IS THE MOST STUPID DECISION THAT HAS _ EVER BEEN PROPOSED AND VOTED ON. _ THE PERSON RESPONSIBLE FOR EVEN ALLOWING THIS IDEA TO TAKE ISSUE WITH THE CITY PLANNING ORGANIZATION SHOULD BE FIRED. _ HOW CAN ANYONE INVENT AN IDEA SUCH AS THIS, TO SERVE - ALCOHOLIC BEVERAGES IN A PLACE WHERE CHILDREN WILL BE THE MAIN CONSUMERS FOR GAMES,PLAYTIME AND/OR FOOD - CONSUMPTION. DRUNK DRIVING, NOT TO MENTION THE SENDING OF WRONG MESSAGES.TO CHILDREN WILL NOT BE THE ONLY RESULT OF THIS ACTION, APPROVED BY THE UNWISE MANAGEMENT OF THE PLANNING COMMISSION. i WE LIVE IN A COUNTY PLAGUED WITH MANY FORMS OF CHILD ABUSE AND WE VIEW SERVING ALCOHOL AS ANOTHER CASE OF CHILD � ENDANGERMENT. PLEASE RECONSIDER YOUR DECISION AND OUR HOPE IS THAT THE GREATER OUTCOME CAN BE PUT TO EFFECT-NO ALCOHOL SERVED - AT THE EXPENSE OF CHILDREN. PLEASE KEEP IN MIND THAT YOUR j DEPARTMENT COMES UNDER SCRUTINY OF THE VOTERS AND OTHERS: GROUPS KNOWN AS MADD, MOTHERS OF DRUNK DRIVERS, AS WELL AS CONCERNED CITIZENS. EVERYONE IS REPLACABLE, AND WE WOULD LIKE SOMEONE WITH MORE COMMON SENSE IN THE LEADERSHIP POSITION. THANK YOU FOR TAKING THE TIME TO ACKNOWLEDGE THE CONCERN OF CONSCIENTIOUS VOTERS, PARENTS, GRANDPARENTS, ANQECENED n , - AUf CITY OF SAn LUIS OBISPO i COMMUNITY DEVELOPMENT i 1 I y RESPONSIBLE INDIVIDUALS. • I � lo � AO .3 I 1 i SDA)-6 ec-' 43 VY�- r I -r Mrs arkT �� Sort tZ S S kLV C-S Cce-Ano cP�51Nk i . I ~ or cjw Rool L 3 �3 Palm S+ ems; 93 sc.o C'� 93g0l I37,` N' P'0 �b X77 ps �y ff ray= r -12 RECEIVED Attachment 4 SEP ' ' 1999 CITY OF SAN LUIS OBISPO September 17, 1999 Dear Mayor Settle and City Council, We would like to say on behalf of the KidZPlay family, we do not agree with the appellant, that any staff member should be fired. To set the record straight, we are not a daycare or"children's activity center", we are as we stated on our original use permit application, a Family Entertainment Facility. KidZPlay is designed to provide respite for the adult caregiver as well as provide a safe, fun, non-violent experience for the children twelve and under. Many of the programs at KidZPlay are designed solely for the adult customer and are designed to encourage repeat business, as repeat business is a necessity for our business survival. "Children's activity center" is where the planning department's matrix put us because Family Entertainment Facility was not represented on the matrix. We thought the terminology was equal. Our planning application states"Recreation center for entertaining children twelve and under and their families." We have chosen to not include families with children 13 and over. Our target market however, does include the parent. Parents are a critical component to our success. The reason for the addition of premium wine and beer to the use permit stems from our understanding ABC was the only agency to license us for premium wine and beer. The city planning application does not request prospective businesses to indicate alcohol as a service to customers and does not reference alcohol anywhere on the planning application. We were unaware the city was involved until after our approval by ABC. Two other businesses in the center also did not identify specifically that they intended to sell beer and wine. The planning commission found that our business, as with these other businesses in the Marigold Center acted properly. KidZPlay Statement KidZPlay wishes to provide a fun and entertaining atmosphere for children twelve and under and a relaxing, social, comfortable environment for parents and caregivers of our community. To this end, KidZPlay has a $1.5 million dollar investment in this San Luis Obispo based business. This significant investment is at risk without repeat business. By-the-glass availability of local premium wine and beer acts as a necessary component to complement our menu for our adult customers to attract necessary repeat business. Our surveys have indicated this service is critical. KidZPlay LLC. A3 Pagel of 5 KidZPlay is not a daycare facility. No children are allowed without adults, and parents and caregivers must accompany children to enter KidZPlay. Our competition, Klondikes in Arroyo Grande with puzzles and games on the floor for younger children along with a game room, The Graduate and Captain Kids Pizza Playland in Atascadero with a play structure and games area for children have successfully served adult beverages to parents and caregivers for many years. A similar service at KidZPlay would allow this business to compete fairly with the competition. Our menu also includes healthy soups, sandwiches, salads, and other adult drinks like coffee and tea. We also serve soft drinks, kids meals and of course, hot dogs and pizza. We must provide services for the parents if we are to succeed. KidZPlay wishes to provide an opportunity for respite and relaxation for the adults while the children play in a caring non- violent environment. The International Association of Family Entertainment Centers (IAFEC), states that this is an emerging trend of Family Entertainment Centers serving wine and beer to their adult customers and even such diverse venues as Disneyland are now serving wine and beer. We have researched this issue for over three years and have thought long and hard on the pros and cons of serving premium wine and beer by the glass in our Family Entertainment Facility. Because of the overwhelming request from the public for this type of service and to create an environment for adults that would encourage repeat business, we felt it was necessary to include this service in our business plan. Through beverage education and comprehensive training of all employees we will provide a safe and secure family entertainment facility. The policy and procedures for this service will be strict and strongly enforced. Only employees 21 and over will pour or serve wine and beer beverages. This is not a requirement of ABC. KidZPlay and the Department of Alcohol Beverage Control will provide extensive training to all employees 21 and over. This is also not a requirement of ABC. Co-presidents, Robin Williams and Dede Sanfilippo have completed License Education on Alcohol and Drugs (L.E.A.D.)training with ABC. KidZPlay has not received negative complaints regarding the request for this license from: • Letters sent to the surrounding neighborhoods. • The 30-day notification in the paper. • The 30-day sign posting at the site for this license. Additionally, on August 25, 1999, the planning commission of the City of San Luis Obispo upheld our appeal regarding our license to sell beer and wine. We have received over 180 letters of support and over 300 party requests from parents. Our goal is to provide an Outstanding Family Entertainment Facility for this community! Dede, Robin and the KidZPlay family hope to provide this service for our adult customers. Help us provide what other successful family entertainment facilities like ours provide their customers. The San Luis Obispo community deserves it! KidZPlay LLC. 1 -14 Page 2 of 5 Programs and Business Necessity As parents ourselves, we understand the need for a safe, comfortable, relaxing environment that caters to the parent as well as the child. We also understand parents want to be treated like adults and not children. We respect their desires. We offer a variety of family and community programming including: , • Special Speakers • Family Game Night • Family Karoake • Safety month • SLO Family Mixers • Fund Raisers • Internships and Senior Projects opportunities for Cal Poly State University and Cuesta College students. Recognizing the need to cater to the adult to maintain repeat business, we offer programming and opportunities solely for the adult caregiver including: • SLO 1•time Mothers Clubs • La Maze Classes • Coffee Clubs • Parents without Partners Meetings • Base for parents to have Tupperware, Pampered Chef, Avon, Mary Kay get-togethers, etc... We also offer entertainment opportunities for businesses: • A Day of Corporate Play for employees. • Business Holiday Parties for families, and More... Adults are not allowed without children. Adults alone looking for a meal or refreshments are not allowed into KidZPlay. Researching this project has led Dede Sanfilippo and Robin Williams to understand the long- term success of other family establishments, like Klondikes, Captain Kids Pizza Playland and Chuck E. Cheese and why other highly capitalized children's facilities failed. Discovery Zone was a children's entertainment facility with many locations in the Bay area, Southern California and nationwide. After an initial success they went into bankruptcy. Discovery Zone failed because they were unable to gain repeat clientele. Gaining repeat clientele means catering to the parent as well as the child. Chuck E. Cheese who sells wine and beer to appeal to the adult customer purchased Discovery Zone. KidZPlay LLC. Page 3 of 5 1--15 The parent's and caregivers are a critical aspect to our success. Children 12 and under do not generate income, do not drive a car and are dependent on their parents to approve of and take them to any business. As a family entertainment business, we understand a business must accommodate the parent or adult to succeed as well as the child. Family establishments commonly cater to adults via food and beverage service,just like KidZPlay wishes to do. We have learned menu items play a critical role in encouraging families to return. That is why we have supplied and extensive menu providing meals for our customers. History has shown us that just a play structure or just a party room will not retain long-term customer support. The glaring example lies with Discovery Zone's recent bankruptcies. A leader in the industry they thought that the child was the deciding factor, and discovered too late, the parent spent the money and made the decision. The"Build it and they will come theory" did not work. A significant error they made was not being able to attract on going, repeat clientele by catering to the adult. Part of family satisfaction comes from menu variety and programming to satisfy the parent as well as the child. With Regard to Appeal Letter Issues A number of issues were brought up in the appeal letter. 1. Driving under influence. KidZPlay would never serve anyone intoxicated and our policy states we would call a cab in such a situation. KidZPlay also limits the number of drinks served to an individual customer. Additionally, parents would not enter a facility such as KidZPlay just to drink. Carole Sjolander, Executive director of IAFEC has stated "In facilities where parents bring small children, a more sophisticated menu along with alcohol service, tends to be problem free and highly desirable by many parents." KidZPlay takes appropriate steps as outlined by Department of Alcohol Beverage Control (ABC). Recently, Chief Gardiner invited San Luis Obispo businesses to speak with himself and representatives of ABC regarding proper alcohol training by ABC. KidZPlay attended this meeting to show support for Chief Gardiner's plan. Chief Gardiner himself commended KidZPlay for our responsible behavior in attending the meeting. ABC training has been a KidZPlay philosophy from day one and KidZPlay's ABC trained staff was public knowledge months prior to Chief Gardiner's meeting. We will always encourage patron responsibility. 2. Sending the wrong message. KidZPlay LLC. 1-16 Page 4 of 5 Under this criteria alcohol should never be served when children are present. This includes every restaurant serving children; especially restaurants with children's menus, as well as consuming alcohol at home while the children are awake. The sale of wine and beer is an integral part of many activities in San Luis Obispo County including Concerts in the Plaza, Pops by the Sea, Mid State Fair Kids Day, fundraisers, and more. 3. Child abuse. The appellant's standards makes any parent that sits down to have a glass of wine with lunch or dinner with a child present subject to citation for child abuse. KidZPlay has invested over$1.5 million dollars to bring this unique facility to the citizens of San Luis Obispo to meet the needs of parents with a fun safe, dynamic, environment for families. Many family venues in and around the City of San Luis Obispo realize premium wine and beer as an acceptable part of family-oriented entertainment experience for parents when handled in a mature, professional, safe manner. KidZPlay family entertainment offers just that environment. We have endorsed the conditions on the sale of premium wine and beer that were included in the Planning Commission' actions and feel they are appropriate. We request your support in denying this appeal to the planning commission actions. Sincerely, Diana Sanfilippo Co-Presidew - v Robin Williams Co-President KidZPlay LLC. 1.__17 Page 5 of 5 A tachment 5 SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5264-99 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 25, 1999, pursuant to a proceeding instituted under application MOD 125-99, Kidz Play, LLC, applicant. ITEM REVIEWED: Appeal of the Hearing Officer's denial of a request to amend Use Permit A 206-98 to allow sale of beer and wine at a family entertainment center within Marigold Shopping Center DESCRIPTION: On file in the office of Community Development Department, City Hall. GENERAL LOCATION: 3860 Broad Street#1 WHEREAS, said Commission as a result of its inspections, investigations, and studies made by itself, and in behalf of testimonies offered at said hearing has established existence of the following circumstances: 1. The sale of beer and wine is minor and incidental to the business's primary function of providing family entertainment. 2. The modified use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine will be limited to adult guests and will be heavily regulated, by the business and the Department of Alcoholic Beverage Control, to assure that an unsafe environment is not created at the premise and the shopping center. 3. The modified use is appropriate at the proposed location because the sale of beer and wine is an accessory use.that will not change the primary function.of the family entertainment center which is compatible and complimentary to the existing uses in the Marigold Shopping Center. t -18 Resolution No. 5253-99 Page 2 NOW, THEREFORE, BE IT RESOLVED, that Application MOD 125-99 be approved, subject to the following conditions: Conditions 1. Beer and wine may be sold only in conjunction with the selling of food items from the snack bar. 2. Sales of beer and wine shall be limited to the hours of 12:00 p.m. and 10:00 p.m. 3. There shall be no advertisement or display of beer or wine visible from off the premises. The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo upon the motion by Commissioner Peterson; seconded by Commissioner Cooper, and on the following roll call vote: AYE S: Commrs. Loh,.Ready, Senn, Peterson and Cooper NOES: Commrs. Jeffrey and Whittlesey ABSENT: None. Arnold B. Jonas; Secretary Planning Commission Dated: August 25, 1999 -19 Draft Planning Commission i. Ates August 25, 1999 Pagel Attachment 6 950 Olive Street: ABAN 83-99: Request to abando Street rights-of-way east of Stenner Creek and wes S 101; C-T zone; ool Patel, applicant. At the recommendation o aff Commis ' er Coo er moved to continue Public Hearing Item #3 to a date uncerta T motion was seconded by Commissioner Loh. AYES: Commissione ooper, Loh, Je Whittlesey, Senn, Peterson, and Ch ' an Ready NOES: No REFRAIN: one T motion carried 7-0-0. 4. 3860 Broad Street #1: MOD 125-99: Appeal of the Hearing Officer's denial of a request to amend Use Permit A 206-98 to allow sale of beer and wine at a family entertainment center within the Marigold Shopping Center; C-S-PD zone; Kidz Play, LLC, applicant/appellant. Associate Planner Shoals presented the staff report and recommended denying the appeal, thereby upholding the Hearing Officer's decision with the original findings and two additional conditions. Commissioner Senn had staff display a floor/site plan provided by the applicant depicting the physical usage of the project. Commissioner Whittlesey asked if the site plan was displayed at the first hearing. Associate Planner Shoals replied no, but the plan was made available at the second hearing. Commissioner Jeffrey had staff review adjacent business uses within the center. Commissioner Whittlesey questioned if the 10-ay time period for filing appeals was properly followed. Associate Planner Shoals noted the initial appeal was filed in a timely manner on July 9, 1999. There were no further comments/questions and the public comment session was opened. PUBLIC COMMENT: Robin Williams, co-applicant/appellant, presented 130 letters from persons unable to attend the meeting, 8 letters to the editor, and 3 letters to the Commission, all in s 4 noct Draft Planning Commission M...ates August 25, 1999 Page 8 of the Kidz Play project. She reported already receiving over 300 requests for children's parties. She described her community involvement, education and business experience. DeeDee Sanfilippo, co-applicant/appellant, described her community involvement, education and business experience. She said she is excited about bringing Kidz Play to the city, and that it will bring fun and enjoyment to theentire family. She described the years of research and development of the Kidz Play concept. She believes the project has been incorrectly characterized as a children's facility when in fact it will be a family entertainment center designed for both children and adults. The restaurant use is important in catering to adults and represents 25% of the revenues. She described usage of the play areas and the redemption area for non-violent game area. She noted children will not be allowed.to enter the facility without a parent/guardian and adults will not be allowed to enter without a child. Ms. Williams described the accommodations and activities/seminars planned for adults, the family programs, the private: party rooms, and the menu to be served in the restaurant, noting adult beverages will include soft drinks, tea/coffee, and premium local beers and wines. It is Kidz Play's commitment and philosophy to provide the highest quality service to the community which includes both children and adults. She described the extensive research conducted to ensure the long-term success of the project. Ms. Sanfilippo explained that the addition to the use permit stemmed from the applicants' understanding that the Alcoholic Beverage Control (ABC) was the only agency which licensed alcohol sales. The use permit application does not ask about wine/beer sales. She felt the City staffs analysis and paraphrased meeting minutes contain errors, omissions, and misinformation. The staff report does not reflect the alternative plan to approve the Kidz Play request. She cited Finding 6 and stated the Hearing Officer described the proposed facility incorrectly and that he did not know how to classify the use. City staff paraphrased the planning application to reflect a children's activity center with family-oriented. use. Kidz Play will be family entertainment business catering to families with children 12 years old and under, as is stated on the planning application. She felt staffs interviews with the media have erroneously portrayed Kidz Play as a children-only facility without programming or amenities for parents. She reviewed promotional Kidz Play fliers and stated the staff report is attempting to change the use. The uniqueness of the proposal has caused planning staff to wrongly group the business with the Children's Museum which catgrs to children, and the Graduate which caters to adults and children's sport/birthday parties. Ms. Williams cited Finding 5 and. stated it is not based on fact and serves only to disrupt efforts to provide appropriate services for adult customers. She felt the evidence stems from a hasty survey and information from an unreliable source. She quoted International Association of Family Entertainment Center's Executive Director Carole Sjolander on issues regarding snack bars versus successful restaurantservices offering beer/wine. She feels staff has not clearly identified the restaurant portion of Kic'-jokey Draft Planning Commission I, Ates August 25, 1999 Page 9 She expressed the importance of beer/wine sales for repeat business. The ABC will aid in training Kidz Play staff. Commissioner Jeffrey asked if annual membership fees will be charged. Ms. Williams replied no. Commissioner Jeffrey asked who will be allowed in the facility. Ms. Sanfilippo stated every child must be accompanied by an adult and no adult will be allowed without a child unless they are attending a party. Commissioner Jeffrey asked what percentage of anticipated revenue will be generated from beer/wine sales. Ms. Williams stated the restaurant service reflects 25% of revenue; this includes beer/wine sales. Ms. Sanfilippo stated beer/wine sales will attract repeat business. Commissioner Loh asked for comment on the possibility of overnight supervised stays. Ms. Sanfilippo stated they are planning to develop an overnight program, but this has not been presented to the city. Commissioner Whittlesey asked why the issue of alcohol sales wasn't raised at the December 1998 meeting. Ms. Sanfilippo stated a request for alcohol sales was not included on the City use permit application, but the ABC was contacted for alcohol sales. . Commissioner Whittlesey asked if documents presented in December included Mr. Nukes' report. Ms. Williams replied no. Associate Planner Shoals stated when this project originally came forward, staff asked for a complete description of the use. The use did not meet any description in the City's zoning matrix. He noted there was an opportunity to disclose intended alcohol sales at a previous meeting. In terms of parking, based upon indoor play equipment, staff placed the use under the recreation center category at one space per 300 square feet of floor area. Commissioner Cooper asked for comment on the practical implication of serving drinks without serving food. 1-22 Draft Planning Commission h....jtes August 25, 1999 Page 10 Ms. Williams stated it is Kidz Play policy to serve food along with alcohol. Strict policies and procedures have been established for the facility and the ABC will train Kidz Play staff. Chairman Ready asked if City alcohol regulations are preempted by ABC regulation. Attorney Trujillo stated that since this request involves a use permit, the City does have ability to regulate the sale of alcohol. Steve Nukes, 1250 Peach Street, Kidz Play financial advisor, stated great care has been taken in the design of the facility with an investment of $1.5 million dollars. He noted the previously approved Discovery Zone has been purchased by Chuckie Cheese which does serve beer and wine. His repeat visitorship study found that the average child in the city is needed to return approximately eight times annually; therefore, it will be important to attract adults throughout the week. Without the opportunity for beer and wine sales, business will be drawn away by the alternative of the Graduate. In referring to Finding 4, "family entertainment" should be referenced rather than "children's entertainment." Regarding Finding 5, the trend is more toward being providing beer and wine in these kinds of facilities to make the whole aspect work. Repeat visitorship is key. Mr. Nukes distributed photos of a new venue at Disneyland which now serves wine. He reviewed aspects of the Graduate that.are viewed as direct competition. Commissioner Jeffrey asked what percentage of anticipated revenue will be generated by beer and wine sales. Mr. Nukes replied approximately 5%. Commissioner Jeffrey asked the anticipated percentage for restaurant revenues. Mr. Nukes replied approximately 25%, which includes the 5% alcohol sales. Beer and wine will be priced at a premium and quantities sold to individuals will be limited. Safe rides home/taxi service will be called for anyone arriving intoxicated. Staff will be trained by the ABC and all employees serving alcohol will be over 21 years old. Commissioners Whittlesey, Peterson, and Senn disclosed that they had conversations with Mr. Nukes regarding this application. Monte Cool, 1577 EI Camino Real, Arroyo Grande, attorney for Kidz Play, stated Zoning Section 17.22.010 lumps together restaurants, sandwich shops, take-out foods, etc., and allows them at the discretion of the Director. Denial must be based on fact- supported substantial evidence. He reviewed the findings found at the prior hearing, noting no evidence was presented by staff regarding any alleged conflicts and no members of the public spoke against the proposal. He stated there will be substantial controls on the business and that the ABC has completed a full analysis of the application and has found that it does not affect the health, safety, or welfare i* -of Draft Planning Commission 1, Aes August 25, 1999 Page 11 surrounding areas. There was substantial support by the Marigold Center and no opposition from competing businesses within the center. There are three businesses in this center under the same zoning that have received licenses to serve beer and wine. The City's zoning makes no distinction between snack bar and restaurant uses. The family entertainment center use has not substantially changed from the use defined in original application; adding beer and wine to the menu is not a substantial change in use. The City should not deny Kidz Play the right to serve beer and wine to adults patrons. Commissioner Loh asked for comment on the potential for overnight stays. Mr. Cool stated the overnight stay permit has not yet been submitted and is not before the Commission. Commissioner Whittlesey asked why this use is not being called a restaurant. Mr. Cool stated they do not feel the whole use fits the restaurant category. Commissioner Cooper asked if it would be acceptable to further delineate other agreed to conditions in relation to dealing with limiting the number of drinks served, provision of a "safe ride home" service. Mr. Cool suggested the Commission make a finding that the beer and wine license be approved subject to limitations agreed upon by staff and the applicants. He noted Kidz Play's own self-imposed conditions are far more restrictive than what the ABC imposes. Tom Phillips, 3990 Broad Street, representing Marigold Center LLC, stated the center has no compatibility concerns with Kidz Play. He is confident that the applicants will do a responsible job. Chairman Ready asked if any tenants have filed complaints regarding the Kidz Play request. Mr. Phillips replied no. Ruel Czach, 80 N. Ocean Avenue, Cayucos, project architect, described floor area usage, noting the recreational aspect was the criteria imposed. He added that parents always have the opportunity to drink alcohol in their own homes with their children present. He did not believe parents will be less responsible in a public environment. He also felt prohibition of beer and wine sales would be detrimental to the business. Gisselle Caplain (Inaudiblel, 1394 Alder Street, discussed the moral versus legal issues pertaining to the Kidz Play request. The Commission's decision should be based upon zoning laws and not moral issues; moral issues should be left to parents, churches, and clergy members. She noted that alcohol is served at the Friday night concerts in the plaza. She felt the Kidz Play request should be approved. i.-24 Draft Planning Commission M...ates August 25, 1999 Page 12 Teresa Jacques, 2147 Wisteria Lane, felt Kidz Play is wrongly being compared to theme parks when it should be compared to other similar family entertainment centers, many of which sell alcohol. She noted during daytime and dinner hours the Graduate caters to families with children, but the Graduate has very violent video games for the kids. She said she welcomes a more family-oriented atmosphere such as Kidz Play is planning. Terry Main, 721 Graystone Place, does not find been and wine sales inconsistent with the atmosphere that will be offered at Kidz Play. She noted that parents have the opportunity to drink alcohol at many other establishments with their children present. She questioned why Kidz Play would be denied the opportunity of beer and wine sales. Jim Jacobson, 6912 Live Oak Lane, is familiar with the applicants and their high-quality experience with the B.O.K. Ranch and felt Kidz Play will be operated with the same quality standards. Sarah Roldan, 1145 Murray Avenue, read and submitted a letter from Minister Evans, Unity Christ Church, who supports the Kidz Play request. Ms. Roldan expressed her own support for the applicants. Kidz Play will be good for the community. Jeff Henning (Inaudiblel, 1223 Ironbark Street, expressed support for Kidz Play. He said he had polled his neighbors and found they also support Kidz Play because it will be a family entertainment center enjoyed by the entire family. Cary Adler, 4477 Sunflower Way, said he was asked by the applicants to help secure insurance for the facility. The issue of liquor liability is incidental to the point that premiums are not charged. Victoria Macintyre, 128 Casa Street, Sierra Vista Hospital nurse, related the medial and social problems seen in the community with regards to alcohol abuse and under age drinking. She objected to beer and wine sales at this family entertainment center. Linda File, 4860 South Higuera Street, described her community involvement and the search of parents for family entertainment. She felt there should be an alternative to the Graduate and their violent video games. She felt Kidz Play would be an asset to the community and did not feel there would be any problems with beer and wine sales. Ms. Sanfilippo stated the name "Kidz Play" represents the kid in all of us. Ms. Williams stated Kidz Play will be an awesome family entertainment center that is well needed in this community. Seeing no further speakers come forward, the public comment session was closed. COMMISSION COMMENT: r -25 Draft Planning Commission 1, Ates August 25, 1999 Page 13 Commissioner Peterson moved to uphold the appeal and approve the use permit modification based on findings and subject to conditions contained in the Kidz Play Alternative Plan. The motion was seconded by Commissioner Cooper. Commissioner Whittlesey expressed concern with the reliance placed upon the operators appearing before the Commission. The permit runs with the land; the business may change hands and the situation may be changed with different operators. She also expressed concern with the fact that this project is back before the City nine months after the first hearing and it may be back again for an overnight usage permit. She raised the question of further restricting the hours of beer and wine sales. Commissioner Cooper stated the Commission has to understand what the community norms are. Apart from the issue of values, there is a legal issue with establishing a legacy for future similar applications; all conditions should be called out carefully. Commissioner Jeffrey had no doubt that Kidz Play would be successful and he supports the applicants' previous experiences, but he did not believe the 5% projected revenue from beer and wine sales is going to affect the overall project. He could not support the request to sell alcoholic beverages at this facility, especially as it was initially presented to staff. The community was led to believe that this would be a place for children and now it's called a family entertainment center. Alcohol is not essential for a family entertainment center if only 5% of projected revenue is from beer and wine sales. Commissioner Senn stated he originally misunderstood what the project would be. He felt it was somehow portrayed as a daycare center with alcohol service. He stated beer and wine is served at plaza concerts, at the Mid-State .Fair and at other similar functions. He felt that in this situation with trained employees, he is comfortable with this request. Chairman Ready concurred with Commissioner Senn. He supported the option for parents to choose an entertainment center that offers beertwine sales. AYES: Commissioners Peterson, Cooper, Senn, Loh, and Chairman Ready NOES: Commissioners Whittlesey and Jeffrey REFRAIN: None The motion carried 5-2-0. DJOURNM ith no f her buss ess before a Comm sion, the e m d'ourn at 8: . to th reg ar meeting i ediy following. 1--26 Attachment 7 CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT BY: John Shoals,Associate Planner lk� MEETING DATE: August 11, 1999 FROM: Ron Whisenand, Development Review Manag&V FILE NUMBER: MOD 125-99 PROJECT ADDRESS: 3860 Broad#1 SUBJECT: Appeal of Hearing Officer's decision to deny a request to modify an approved use permit to allow the sale of beer and wine at a family entertainment center (children's activity center). RECOMMENDATION Deny the appeal thereby upholding the Hearing Officer's decision with the original findings and two additional findings. BACKGROUND Situation On July 2, 1999, the City's Hearing Officer denied a request to modify an approved use permit to allow the sale of beer and wine at a family entertainment center (children activity center). The original use permit was approved in December of 1998, and allows a children's activity center without the sales of beer and wine. The applicants are now appealing the Hearing Officer's action alleging that the decision was arbitrary and capricious because the ruling was contrary to the facts presented at the hearing. The applicants/appellants maintain that KidZPlay is a family entertainment center designed to serve both parents and their children, and that the ability to have beer and wine available is essential to the long term success of KidZPlay. They are asking the Planning Commission to uphold the appeal and to approve the use permit modification. Project Description The project is an appeal of the Hearing Officer's denial of a request to modify an approved use permit to allow the sale of beer and wine at a family entertainment center (children activity center). Data Summary Address: 3836 Broad, Suite 1 Applicant/Appellant: Robin Williams and DeeDee Sanfilippo Representatives: Monte J. Cool and Stephen A.Nukes Zoning: Service Commercial (C-S) General Plan: Services and Manufacturing Environmental status: Exempt Project action deadline: Not applicable I-27 MOD125-99(Kidz Play) 3860 Broad#1 Page 2 Proiect History On December 18, 1998, the City's Hearing Officer approved a use permit to allow a children's activity center (recreational center) within the Marigold Shopping Center. At that.time, the use was described as a family-oriented business providing catered children's birthday parties, climbing gyms and play structures for children, children games with a redemption center and a snack bar for refreshments(see Attachment 4 for findings and conditions). On May 24, 1999, KidZPlay filed for an application for alcoholic beverage license for the sale of beer and wine with the California Department of Alcoholic Beverage Control (ABC). In June of 1999, ABC, as part of its normal permitting process, notified City staff that KidZPlay had applied for a liquor license. Staff immediately contacted the applicants to let them know that their approved use permit did not allow for the sales of beer and wine, and that the use permit needed to be approved to allow beer and wine on the premises. On June 22, 1999, KidZPlay filed an application requesting modification of their use permit, U-206=98. On July 2, 1999, an administrative hearing was held to consider the use permit modification. At that hearing, the applicant made several arguments for modifying the approved use permit. The applicant clarified that the use was more accurately described as a family entertainment center that catered to both children and adult patrons, and that they would like to have beer and wine available for the adult guests. It was also noted that KidZPlay is not a day care center where parents drop of their children for the day or night. The sale of beer and wine will be incidental to the prirmary use. The applicant felt that the sale of beer and wine will be limited by cost (premium wine at $6 a glass), and it will be heavily regulated by KidZPlay staff and the Department.of Alcoholic Beverage Control. The applicant.emphasized the need for this type of facility in the City of San Luis Obispo as it was pointed that families often visit The Graduate, which is a restaurant/night club use. This facility will be a safe alternative to the Graduate. After extensive discussion, the City Hearing Officer denied the request to modify the existing use. permit to allow the sales of beer and wine at the family.entertainment center. While the Hearing Officer felt that the business would be very successful,he.felt that allowing,the sale of liquor was not consistent to what was previously approved and was not essential to the business' success. The Hearing Officer also found that allowing the sales of beer and wine would substantially increase the potential for conflicts between the use and.neighboring residences, and would most likely cause unreasonable compatibility problems with existing uses in the Marigold Shopping Center. It was also determined that there are several businesses, within the shopping center, that serve beer and wine which are reasonable alternatives to allowing the sale of beer and wine at the children's activity center; and that the sale ofbeer.and wine is not essential to primary function of the business which is to provide children's entertainment. Attachment 3 is a copy of the Hearing Officer's "follow-up" letter with the findings of denial. Attachment 5 is a copy of the draft minutes from the July 2nd meeting. The Hearing Officers decision was appealed on July 9, 1999. The applicant's position is fully discussed in the evaluation section of the report. Attachment 6 is a copy of the appeal letter and supporting documentation. : 128 MOD 125-99 (Kidz Play) 3860 Broad 41 Page 3 EVALUATION Applicant Appeal and Supporting Information 1. Grounds of Appeal The applicant is appealing the Hearing Officer's decision because they feel it was arbitrary and capricious because the findings were contradictory to the facts presented at the public hearing. According to the appellant, the facts are: 1) The Alcoholic Beverage Control liquor license application to serve beer and wine was properly noticed to all surrounding properties with no opposition; 2) Members of the community testified in support of the modified use; 3) The ruling puts KidZPlay at an unfair disadvantage because several competing businesses in and around the Marigold Shopping Center have been permitted to serve beer and wine; 4) The decision deprives one business (KidZPlay) of the right to serve beer and wine, while permitting all others, which may be illegal spot zoning; and 5) the sale of beer and wine are essential to the long-term success of the business. 2. Is the Sale of Beer and Wine Essential to the Business? There was substantial discussion on whether beer and wine is essential to the success of the business. The applicants/appellants indicate that the ability to have beer and wine available for the adult patrons of the entertainment center is vital to the long term survival of the business. In August, 1999, Steven A. Nukes & Associates, the applicant's business advisor, prepared a "Required Repeat Visitor Analysis" for KidZPlay. According to the analysis, the International Children's Entertainment Center Association (ICECA) defines a family entertainment center as "A unique community based recreation/entertainment destination with family appeal and a reliance on repeat customers for their success." The analysis finds that for KidZPlay to be successful, the average visitor from the City of San Luis Obispo will have to return 8 times, the visitor from Los Osos 4 times annually, and visitors from the rest of San Luis Obispo County an average of one (1) visit. The analysis goes on to say that "surveys have indicated that the availability of premium wines and beer by the glass will significantly attract adult parents and caregivers to return more often. A complete copy of the analysis is contained in Attachment 6. 3. Beer and Wine at Family Entertainment Centers The applicants maintain that it is common place for family entertainment centers to offer beer and wine to the adult clientele, and that it is essential to their business. The applicant indicates that there are several family entertainment facilities that serve beer and wine, including: Captain Kid's, Chuck E. Cheese, Knotts Berry Farm, Great America, Universal Studios, Children's Time Machine,Noah's Ark Family Park and several others. A list of these facilities are included in the applicant's information(Attachment 6, page 20). 1--29 MOD 125-99 (Kidz Play) 3860 Broad#1 Page 4 Staff Analysis: At the July 2od meeting, the Hearing Officer asked the applicants and their representatives if the sale of beer and wine was essential to the success of the business. There were two responses. The fust response was that the sale of beer and wine is incidental to primary use of family entertainment. The second answer was that it is extremely important because it help bring repeat business to the facility, which is necessary to succeed. Because of the different answers, staff decided to contact the other family entertainment facilities-and the International Association of Family Entertainment Centers (IAFEC) for verification of these .responses. IAFEC is an organization aimed at providing the family entertainment center industry with information on all aspects of owning and operating a recreational facility. The IAFEC provides industry research on topics which include: facility characteristics, pricing policies and customer habits,.income, development trends and food and beverage. The. IAFEC member verified thatrepeat business was important to the success of family entertainment centers, but indicated that there are numerous facilities that have been just as successful without serving beer and wine. Another question that the Hearing Officer asked the applicants, their representatives and community members at the hearing was: If this facility did not serve alcohol and your child wanted to go to have their party there or go play there, would you choose to go somewhere else that served alcohol or would you go to KidZPlay? The generally feeling was that they would take their children to KidZPlay, even:if they could not have a.drink. The applicants indicate that there are numerous family entertainment facilities that serve beer and wine (see last page of Attachment 6). While staff would agree that there are "family entertainment facilities" that serve beer and wine, staff is not convinced that.it is standard for those facilities targeting families with children under the age of .12 years. Staff recently conducted a nationwide search on.the internet to find out if. "family entertainment facilities" typically sell beer and wine, or if this is an emerging trend as represented by the applicants. A total of 14 facilities were selected, with about one-half(7) of those selected at r3ndon based on a general description of the facility. (i.e., size, indoor/outdoor) and activities. The intent was to try to find facilities similar in size and focus (younger children) to KidZPlay. It should be noted those facilities with web sites did not indicate if beer and wine was available. Each facility was then contacted by telephone and asked three questions: 1) How would you describe your facility- -a family entertainment center with a snack area or a restaurant with a limited area for kiddie rides and games?; b) Does your facility serve beer and wine; and 3) If beer and wine is available, is it limited to certain days and hours? The survey revealed that 10 of the 14 facilities do not serve beer and wine. The four facilities that serve beer and wine are Chuck E. Cheese, Captain Kid's; The Graduate and Knottsberry Farm. The results of the survey are listed in Attachment 7. Attachment 8 is included as a clarification to the applicant's list of family entertainment facilities serving beer and wine. At the July 2"d meeting, the applicants named, several family entertainment type facilities as serving beer and wine. The Hearing Officer was very concerned with the comparisons of the KidZPlay facility with Captain Kid's (Atascadero), Chuck E. Cheese and The Graduate. In staffs opinion, these are not accurate comparisons because these facilities are classified as. MOD 125-99(Kidz Play) 3860 Broad#1 Page 5 restaurants with games, not a family entertainment center with a snack bar like KidZPlay. Obviously, there is a clear distinction between the operations of KidZPlay and a Chuck E. Cheese or Graduate. One additional question that staff had for the member of the IAFEC was the distinction between family entertainment facilities that function as restaurants and those that are more oriented towards games and activities. The member indicated that the key component in determining if a facility is a family entertainment center or restaurant is by floor area ratio. Typically, a restaurant use with small games will have 70% of its floor designated for restaurant and 30% designated for games and miscellaneous. By comparison, a family entertainment center use will typically have 70% to 30% floor area ratio or higher. According to the building.plans on file with the Community Development Department, KidZPlay has floor area ratio of about 85% play area/party rooms and 15% snack/seating area. OTHER DEPARTMENT COMMENTS No other departments had comments. ALTERNATIVES I. Uphold the appeal, thereby approving the modified use permit to allow the sale of beer and wine at the family entertainment center. 2. Continue discussion if additional information is needed. Direction should be given to staff and the-applicant. RECOMMENDATION Deny the appeal,thereby upholding the Hearing Officer's decision with the original findings and' the two additional.findings listed below:. 1. The modified use will adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine substantially increases the potential for conflicts between the use and the surrounding residential uses. 2. The modified use is not appropriate at the proposed location because allowing the sale of beer and wine will likely cause unreasonable compatibility problems with ekisti_ng uses in the Marigold Shopping Center. 3. There are several businesses, within the shopping center, that serve beer and wine which are reasonable alternatives to allowing the sale of beer and wine at-the children's activity center. 4.. The sale of beer and wine is not essential to primary function of the business which is to provide children's entertainment. /-31 MOD 125-99 (Kidz Play) 3860 Broad#1 Page 6 Additional Findings: 5. The use is a family entertainment center with snack bar and not a restaurant with limited area for games, and the sales of beer and wine is inconsistent with that type of use as demonstrated in a random survey of existing family entertainment centers nationwide. 6. Allowing the sale of beer and wine will substantially change the use as originally described and approved by the City Hearing Officer. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Marigold Center Site Plan Attachment 3 - Hearing Officer's Findings and Conditions, July 2, 1999. Attachment 4 - Draft Minutes of July 2, 1999 meeting Attachment 5 - Hearing Officer's Findings and Conditions, December 18, 1998. Attachment 6 -Appellant's Letter Attachment 7 - Survey of Family Entertainment Centers Bhoals/PGMOD 125-99-4 /-32 Attachment 1 '® , C-&S• \ tl css CI&S -77 Li \ \ PD \ oo Ad V rs n ty 30'60 Broad St. N F 0 100 NCidz-PIa Z00 300 eat A ® l3 ` .-...i jl J _�� - .w...._r;�.:r l.;�'.+" ••�nr n h+.v C .i r.I�.vy ..•r � r r ..r '� ASN �-n Attachment INDUSTRIA WAY WAY .. CA JRIA7 �� ® 00 CA �0 T �+ q.02 8 00 CL Cr Poo Co 0 CL i a � _/ � tl �♦♦ y , n nJ 0 TANK FARM ROAD �II�NIIIIIIInlll81111����;�����1���IIIIIIIIIIIII - AliNI c1t, Y- or sm. —_ 990 Palm Street, San Luis Obispo, CA 93401-3 July 6, 1999 Attachment 7v Kidz Play, LLC Dede Sanfillippo and Robin Williams 4885 Coyote Canyon Road San Luis Obispo, CA 93401 SUBJECT: Modification MOD 125-99 3860 Broad Street#1 Dear Ms. Sanfillippo and Mr. Will On Friday, July 2, 1999, 1 conducted a public hearing on your request to modify an approved use permit (A 206-98) to allow the sale of beer and wine at a family entertainment center within Marigold Shopping Center, at the above location. After reviewing the information presented, I denied your request, based on the following findings: Findings 1. The modified use will adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because .the sale of beer and wine substantially increases the potential for conflicts between the use and the surrounding residential uses. 2. The modified use is not appropriate.at the proposed location because allowing the sale of beer and wine will. likely cause unreasonable compatibility problems with existing uses in the Marigold Shopping Center. 3. There are several businesses, within the shopping center, that serve beer and wine which are reasonable alternatives to allowing the sale of beer .and wine at the children's activity center. 4. The sale of beer and wine is not essential to primary.function of the business which is to provide children's entertainment. The City of San Luis Obispo is committed to include the disabled in all of its services, programs and.activities �J35 L Telecommunications Device for the Deaf(805)781-7410. MOD 125=99 Page 2 My decision is final unless appealed to the Planning Commission within 10 days of the action. An appeal may be fled by any person aggrieved by the decision. If you have any questions,please call John Shoals at 781-7166.. Sincerely, Ronald Whise nd Hearing Officer cc: County of SLO Clerk-Recorder Marigold Center, LLC Attn: Paul Quong 1111 E. Katella Avenue, suite 235 Orange, CA 92867 _ 36 4111111111l�lllll�PINI III luis oBispo�� o san 111191110mlftm� A , 990 Palm Street, San Luis Obispo, CA 93401-3249 December 21, 1998 Attachment Dee Dee Sanfilippo and Robin Willams 4885 Coyote Canyon Road San Luis Obispo, CA 93401 SUBJECT: Use PermitAppl.A 206-98 3860 Broad Street#1 Dear Ms. Sanfilippo and M. Williams: On Friday, December 18, 1998, 1 conducted a public hearing on your request to allow a recreational center within Marigold Shopping, at the above location. After reviewing the information presented, I approved your request, based on the following findings and subject to the following condition: Findings 1. The children's activity center is a family-oriented use and not an "electronic game amusement center" as defined in the City's Zoning Regulations (17.08.060). The proposed use is similar to other uses (i.e., amusement arcade without electronic games) which are typically allowed in the C-S zone with approval of an administrative use permit. 2. The use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because it is within a large shopping center that has been designed to be compatible with the surrounding buildings and uses. 3. The use is appropriate at the proposed location as it is compatible with and complimentary to the existing uses in the Marigold Shopping Center. Further, the children's activity center is not the type of use that will be a nuisance to other tenants in the shopping center or nearby residences. 4. The use has a parking requirement of 18 parking spaces (one space per 300 square feet of floor area). Based on the parking information submitted by the Marigold Center. the shopping center has enough parking available to meet the use's parking requirement. Parking will be provided by a newly developed parking lot at the rear of the shopping center (16 spaces) and shared parking in the center's primary lot. , The Obispo is committed to include the disabled in all of its services, 1-37 City of San Luis Obls programs and activiti Telecommunications Device for the Deaf(805) 781-7410. A 206-98 Page 2 5. City Council adopted a Negative Declaration of Environmental Impact, with mitigation, for the Marigold shopping center in 1993. The business or similar use was anticipated at the time of environmental review and was included in that determination. No further environmental review is required. Condition 1. The use shall not have more than three electronic games as defined in City Zoning Regulations (Section 17.04.160). Due to City water allocation regulations, my approval expires after three years if construction has not started, unless conditions of approval designate a different time period. See Municipal Code Section 17.58.070.D. for possible renewal. If your project involves building one or more new dwellings or additional non- residential space, it may be subject to the requirement for a water allocation or a water usage offset. Contact this department for details. My decision is final unless appealed to the Planning Commission within ten days of the action. An appeal may be filed by any person aggrieved by the decision. If you have any questions,please call John Shoals at 781-7166. Sincerely, /90 0) i s e n n Hearing Officer cc: Ruel Czach,AIS P.O. Box 171 Cayucos, CA 93430 Marigold Center, LLC Attn: Paul Quong 1111 E. Katella Avenue, Suite 235 Orange, CA 92667 1-38 a DRAFT Attachment ADMINISTRATIVE HEARING - MINUTES FRIDAY JULY 2, 1999 3860 Broad Street#1 Use Permit App. MOD 125-99; Request to modify an approved use permit (A 206-98) to allow the sale of beer and wine at a family entertainment center within Marigold Shopping Center; C-S-PD zone; Kidz Play, LLC, applicant. John Shoals, Associate Planner, presented the staff report explaining that on December 18, 1998, applied for a Use Permit to allow a children's activity center within the Marigold Shopping Center. The use was described as a family-oriented business providing catered children's birthday parties with climbing gyms and play structures for children. There will be a snack bar for refreshments. He explained the applicants are requesting an amendment to the approved Used Permit to allow the serving of wine and beer to the adult guests. Mr. Shoals explained that this would be a substantial change from the original description and approved of the Use Permit. Mr. Shoals stated staff is recommending denial of the request based on the findings outlined in the staff report. Mr. Shoals gave alternative conditions, if the Use Permit was approved. The public hearing was opened. Mr. Monte Cool, attorney for Kidz Play, spoke in support of the request He pointed out that several restaurants in the same shopping center that serve beer and wine. He stated since Kidz Play will have a snack bar, they fall under the same regulations and would like to be under the same rules. Mr. Cool also explained the ABC license was posted on the door for over a month and there have been no complaints. What they have had is positive feedback. He also clarified that this is a family entertainment center, if they rely on the other.businesses to serve beer and wine, this would cause the parents to leave their children there while they go to another location for wine or beer. He felt this defeats the purpose of family entertainment at Kidz Play. Mr. Cool also explained that calling it a family entertainment center is a more accurate description than a children's entertainment center. He stated Kidz Play is geared towards children, age 12 and under and their parents. He noted that they are not oriented towards the teen market. Mr. Cool pointed out their competitors, such as Chuck-E-Cheez and Captain Kids, serve beer and wine. He also had concerns as to the alternative conditions given, should it be approved, of the sale of the beer and wine be limited to 12:00 p.m. and 10:00 p.m. He felt the time should be more liberal. He clarified that the sale of beer and wine is not to make money, but to fulfill requests they've had by future patrons. Mr. Whisenand asked if this is crucial to the business surviving. t--39 Administrative Hearing Minutes July 2, 1999 Page 2 Mr. Cool explained that it's important to bring the parents to the facility rather than have them go to another facility, such as The Graduate. Business advisor for Kidz Play, Mr. Steve Nooks, stated this project has been researched and developed for about 3 years and received a significant number of requests from parents that beer and wine be allowed. An analysis was done of other family entertainment facilities to see if they sold beer and wine and found a significant number within the central coast that do. He explained when the facilities were surveyed as to why beer and wine were sold, the response was that it's not a revenue producer but a convenience and a guest service. Mr. Whisenand asked if in the surveys they inquired that if the beer and wine was not served, would the person choose not to go to that facility. Mr. Nooks responded there was a response of approximately 80 to 90% that beer and wine be served, and therefore were not asked if they wouldn't go should it not served. Mr. Nooks further stated that beer and wine would be sold by the glass, not by the pitcher. It would be premium beer and wine. The pricing would ensure that large quantities of wine and beer would not be consumed. Mr. Nooks addressed the issue of the health and safety adverse affects for persons working in the site and living around the vicinity. He pointed out other facilities within the Marigold Center that serve beer and wine and have not found that it affected the health and safety of persons living in the area. Mr. Whisenand expressed that he was under the impression that if a parent wanted to. leave there would be supervision of the children. The applicants, Robin Williams and Dee Dee Sanfilippo (co-presidents of Kidz Play) clarified that the current plans are for parents not to leave the facility. In the future, the plan is to have a drop-off day care program where a child could come up to 18 hours a month and the parent could drop them off by reservation. There would be staff that would be in charge of the child. Mr. Whisenand clarified he was thinking about parties where a parent would bring their child for a party and leave the child. Ms. Williams and Ms. Sanfilippo explained that the party parent would be responsible for those children after the party. While the party is in progress they would have a host/hostess in charge of the party. The party parent, however, would be ultimately in charge. They clarified that it is not a day care center. A caregiver, whether it be a party parent, a babysitter, etc., would be responsible for that child. Their staff would provide entertainment, the running of the facility and safety. 40 Administrative Hearing Minutes July 2, 1999 Page 3 Jeff Hempenius stated his support for this project. He expressed that from an adult's level, the adult can make the choice of whether they wish to have a drink or not. He felt it would help enhance the ambiance and not be detrimental to it. Mr. Hempenius expressed that this would be good for the children getting together and parents can be there and socialize with other parents whether it be having a glass of wine or root beer. Mr. Whisenand asked Mr. Hempenius if they were to have a party for their children and beer and wine were not served, would that prevent them from going to that location. Specifically, if the child asked to to Kidz Play. Mr. Hempen stated it was dependent on the dynamics of the group that he would have going to the party, but if the child asked to go there, yes, he would go. He stated that beer and wine will always be an issue because of adult's responsibility to it, not the children's Linda File also spoke in support of the project. She stated that this town has been waiting a long time for a family-entertainment center. She explained that in the circle of people that she associates, it would make a difference whether they would go to this facility or another if beer and wine were served. However, she would prefer Kidz Play because they do watch over the children while you are sitting there talking to other parents. Ms. Williams expressed that it would make a difference whether or not beer and wine were sold. She expressed that as an example, you can take your child for a party at the Graduate, where the children can play and run around but the alcohol that is served is hard liquor. She did not feel that this atmosphere is correct. She stated they are trying to provide a different atmosphere to Kidz Play. Ms. Williams explained that their staff will be highly trained and will be highly controlled in that area. They will have a security system in effect. She stated this would not be a place where people would be downing drinks. Ms. Williams stated it has been researched and thought through thoroughly and felt that this is a service the community wants. She also stated that the industry is changing in that many family entertainment center facilities are applying for ABC licenses. Ms. Williams stated that even though they felt the hours could be different for serving the beer and alcohol, but felt the alternative conditions are fair and would agree to them if approved. Mr. Whisenand asked what hours they would like to have. Ms. Sanfilippo replied that even 12:00 p.m. to 11:00 p.m. or 12:00 a.m. The public hearing was closed. Mr. Whisenand explained that he does understand the competition and feels that this facility will be wonderful for the children. He supports it and feels this community r,,.s�l Administrative Hearing Minutes July 2, 1999 Page 4 need this type of facility. He stated that he felt the success of the business will not be necessarily from serving beer and wine, but from having the facility and the entertainment it will provide the children. He provided a comparison with the success of Disneyland retaining customer interest despite not selling alcohol to their guests. Mr. Whisenand stated that although he understood their concern, from the business aspect of trying to provide beer and wine, but felt that this would not be a factor in keeping families from coming to the facility. Ron Whisenand denied the Use Permit subject to the four findings recommended by staff and will not go with the alternative conditions in terms of support. Findings 1. The modified use will adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine substantially increases the potential for conflicts between the use and the surrounding residential uses. 2. The modified use is not appropriate at the proposed location because allowing the sale of beer and wine will likely cause unreasonable compatibility problems with existing uses in the Marigold Shopping Center. 3. There are several businesses, within the shopping center, that serve beer and wine which are reasonable alternatives to allowing the sale of beer and wine at the children's activity center. 4. The sale of beer and wine is not essential to primary function of the business which is to provide children's entertainment. Mr. Whisenand explained that his decision is final unless appealed to the Planning Commission within ten days of the action. He also noted that anyone may file an appeal. 1-42 Attach meet � July 30, 1999 San Luis Obispo Planning Commission 990 Palm Street San Luis Obispo, CA. 93401 Subject: MOD 125-99 Dear Commissioners: KidZPlay is submitting this appeal to make available premium wine and beer by the glass to our adult customers. This request is made because this service is necessary for the survival of the business. KidZPlay is investing over$1.5 million to provide the first family entertainment center in San Luis Obispo. A family center is by definition dependent upon repeat business for it's business survival. It is critical KidZPlay provide activities and programs that attract adults as well as children. Our surveys have indicated the availability of premium wine and beer by the glass will attract adult parents more often. Repeat visitorship is critical to the business's success. Our submission includes documentation supporting this request,including the planning departments findings and alternative recommendations agreed to by KidZPlay. We respectfully request that the planning commission act favorably upon this appeal. Sincerely, Z�e,- Diana Sanfilippo Co-President - L Robin Williams Co-President -43 KidZPlay Statement KidZPlay wishes to provide a fun and entertaining atmosphere and a relaxing, social, comfortable environment for parents and caregivers. To this end, KidZPlay has a$1.5 million dollar investment in this San Luis Obispo based business. By-the-glass availability of local premium wines and beer acts as a necessary component for our adult customers to attract the repeat business and generate revenue. Our competition, The Graduate and Captain Kids have successfully served adult beverages to parents and caregivers for many years. A similar service at KidZPlay would allow this business to compete fairly with the competition. We have researched this issue for three years and have thought long and hard on the pros and cons of serving premium wine and beer by the glass in our Family Entertainment Facility. Because of the overwhelming request from the public for this type of service, and the ability to further our philosophy in supporting local businesses and creating a social environment for adults, we felt it was necessary to include this service in our business plan. Through beverage education and comprehensive training of all employees we will provide a safe and secure family entertainment facility. The policy and procedures for this service will be strict and strongly enforced. KidZPlay and the Department of Alcohol Beverage Control will provide'extensive training to all employees 21 and over (this is not a requirement of ABC). Co-presidents, Robin Williams and Dede Sanflippo have completed L.E.A.D. training with ABC. KidZPlay has not received negative complaints from: ♦ letters sent to the surrounding neighborhoods. ♦ the 30-day notification in the paper. ♦ the 30-day sign posting at the site for this license. In conclusion our goal is to provide an outstanding Family Entertainment Facility for this community. Dede Sanflippo, Robin Williams and the KidZPlay Family hope you will allow this one service to be approved for our adult customers. Help us provide what other successful family entertainment facilities like ours provide their customers. The San Luis Obispo community deserves it! Diana Sanfilippo Robin Williams President of Play President of Fun t-44 TABLE OF CONTENT CityAlternative Plan ......:.......................................................................:. .1 KidZPlay Appeal Letter...._:....:.....................................,....... ..,.................... 3 KidZPlay Required Repeat Visitors.......:........,,...._,:...... ............................. 5 Policies and Procedures............................................................................ 11 Attachment i LEAD Program.:....:........,: ........... Attachment 2 Incident Log................................... :....:........................: ::...::....:.:.:,:....:........:.. 17 Letterof Support ...................................................................................... 19 Family Facilities Serving Wine and Beer................................................... 20 '-45 MOD 126-99 7-2-99 3860 Broad Street Item #2 Kidz Play On December 18, 1998, the City's Hearing Officer approved a use permit to allow a children's activity center (recreational center) within the Marigold Shopping Center. In December of 1998, the use was described as a Family-oriented business providing catered children's birthday parties, climbing gyms ano play structures Tor children, children games with a redemption center and a snack bar for refreshments. The applicants would like to serve beer and wine to their adult guests, and are requesting an amendment to the approved use permit (A-206-98) to allow this service. It is staffs opinion that allowing the sale of heer and wine at the children's activitv �.enter (a family-oriented use) is a substantial change Lo tree use as onginally aescrnoeo by the applicant and approved by the Hearing Officer. Moreover, staff does not believe that the original findings for approval can be made to support the modified use. Therefore, staff is recommending denial of the request. Recommendation: Deny the use permit amendment, based on the following findings: Findings: 1. The modified use will adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine substantially increases the potential for conflicts between the use and the . surrounding residential uses. 2. The modified use is not appropriate at the proposed location because allowing the sale of beer and wine will likely cause unreasonable compatibilitv problems with existing uses in the Marigold Shopping Center. 3. There are several businesses, within the shopping center, that serve beer and wine which are reasonable alternatives to allowing the sale of beer and wine at the children's activity center. 4. The sale of beer and wine is not essential to primary function of the pusiness which is to provide childrems entertainment. Attachments: 1. Alternative Action 2. Letter from KidZPlay, dated June 7, 1999 3. Letter from KidZPlay, dated June 21, 1999 4. Copy of Application for Alcohol Beverage License 5. Site Plan J-46 I 2 Altemative: Approve the use permit modification based on findings and subject to conditions: 1. The sale of beer and wine is minor and incidental to the business's primary function of providing family entertainment. 2. The modified use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine will be limited to adult guests and will be heavily regulated, by the business and the Department of Alcoholic Beverage Control, to assure that an unsafe environment is not created at the premise and the shopping center. 3. The modified use is appropriate at the proposed location because the sale of beer and wine is an accessory use that will not change the primary function of the family entertainment center which is compatible and complimentary to the existing uses in the Marigold Shopping Center. Conditions: 1. Beer and wine may be sold only in conjunction with the selling of food items from the snack bar. 2. Sales of beer and wine shall be limited to the hours of 12:00 p.m. and 10:00 p.m. 3. There shall be no advertisement or display of beer or wine visible from off the premises. JShoals/Use/Marigold/MOD125-99(Kidz Play) 1-47 2 LAW OFFICE OF MONTE J. COOL 1 577 EL CAmmo REAL ARROYO GRANDE. CAUFORNN 93420 PNONE: (005) 469-6433 MONTE J. COOL FAx: (605) 469, ATTORNEY AT LAW E-MNL: COOLAW29AOL.COM July 9, 1999 City of San Luis Obispo Community Development Dept. 990 Palm Street San Luis Obispo, CA 93401-3249 RE: ICIDZPLAYFAMILYENTERTAINMENT CENTER 3860 BROAD STREET#1 MODIFICATIONMOD 125-99 Dear Planning Commissioners: This letter is to set forth our appeal of the denial of MOD 125-99 dated July 2, 1999, in which Mr. Ronald Whisenand denied the application by KidzPlay, LLC for a license to serve premium, local beers and wines at the above described location. This appeal is based on the arbitrary and capricious nature of the denial, in that the finding were contradictory to the presented facts. Finding 1: The modifzed use will adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine substantially increases the potential for conflicts between the use and the surrounding residential areas. The application to serve beer and wine was properly noticed to all surrounding properties. No opposition, complaints or concerns were presented by surrounding neighbors. Several members of the community testified that they felt KidzPlay should be allowed to serve premium local beers and wines as a service to their adult customers, and such service would be an amenity to the local community. Furthermore, the ruling was arbitrary and capricious in that several competing businesses in and around the Marigold Shopping Center have been permitted to serve beer and wine. Finding 2: The modified use is not appropriate at the proposed location because allowing the sale r - 48 of beer and wine will likely cause unreasonable compatibility problems with existing uses in the Marigold Shopping Center. Again, all neighboring businesses were noticed of KidzPlay's intent to sell beer and wine, and none objected. In addition, the owner of the shopping center, Mr. Paul Quong, supports KidzPlay's business decision to sell beer and wine, and other businesses in and around the Marigold Shopping Center have been permitted to sell beer and wine. Finding 3: There are several businesses, within the shopping center, that serve beer and wine which are reasonable alternatives to allowing the sale of beer and wine at the children's activity center. KidzPlay is a family entertainment center, designed to let parents interact with other parents, while. their children interact with other children. KidzPlay is not a day care center. If the City denies KidzPlay's right to serve beer and wine, parents who wish to sip a beer or wine would have to take their cluldren with them to competing business that have been permitted to serve beer and wine. In addition, Finding 3 is contradictory to Findings I and 2 in that the City has permitted several other businesses in shopping center to serve beer and wine, yet finds that KizPlay serving wine would be a conflicting use to surrounding areas. Finally,this denial deprived one business of the right to serve beer and wine, while permitting all others, which may amount to illegal spot zoning. Finding 3: The sale of beer and wine is not essential to primaryfunction of the business which is to provide children's entertainment. KidzPlay Family Entertainment Center is designed to serve both parents and their children. Because KidzPlay is not a day care center, parents or guardians must always be in the building with their children. Many of our future customers have requested that we serve premium, local beer and wine as an accommodation to the parents while the children play. Stephen A. Nukes and Associates is currently completing a study which demonstrates that the ability to have beer and wine available for the adult patrons of the entertainment center is vital to the long term survival of the business. Please set this appeal for hearing before the City of San Luis Obispo Planning Commission on the earliest possible date. Sincerely, MO J. COOL omey for KidzPlay 1-49 Stephen A, Nukes & Associates Management Strategy and Economic Consultant` Fremont Plaza 1250 Peach Street, Suite 81 San Luis Obispo,CA 0401 Office(805)541-eon Fax(805) 541-2117 KidZPlay . Required Repeat Visitor Analysis August .1999 Stephen A. Nukes&.Associates 1250 Peach Street Suite 81 Sari Luis Obispo, e.a 9340% R05-541-26 l.- io 5 Stephen A. Nukes & Associates Management Strategy and Economic Consultants Fremont Plaza 1250 Peach Street,Suite 81 San Luis Obispo,CA 93401 Office(805)641-2077 Fax(805) 541-2117 Table of Contents INTRODUCTION.................................................................................................. 1 SUMMARYOF FINDINGS................................................................................... 1 MARKET POPULATION UNDER 12 YEARS OF AGE....................................... 2 ANALYSIS........................................................................................................... 3 Stephen A.Nukes&Associates 1250 Peach Street Suite BI San Luis Obispo, Ca 93401 805-541-20 1—51 KfdZPlav Required Repeat Visitors Au¢ust 1999 Introduction According to the International Children's Entertainment Center Association, a Family Entertainment Center is defined as "A unique community based recreation/entertainment destination with family appeal and a reliance on repeat customers for their success". KidZPlay is investing approximately $1.5 million dollars in setting up a Family Entertainment Center in the City of San Luis Obispo. In order for this investment to be realized, it is highly important repeat customers are attracted to the facility. This analysis determines the required number of repeat customers in order for KidZPlay to be a success. Summary of Findings Based on the number of children 12 and under within San Luis Obispo County and the distribution of where the market will originate, the average visitor from San Luis Obispo will have to return 7.6 times and from Los Osbs 4 times annually. Visitors from the rest of the County will need to average 1 visit. 'Armuat Bieak'Evtn Summary Ma{ysts :- 4 San Rest or Luis Obispo Los Osos couity Total Children(12 and under) 4,976 2,945 34,510 %of Yaors from Each Area 60.00% 15.00% 25.00% Regdred Admissions 18,936 4,734 7,690 %of Market Visiting Kidzplay 50.00% 40.00%1 25.00% RegWred Visits 7.61 1 4.02 0.91 Based on this high required visit rate, it is imperative that KidZPlay have activities and programs that attract adult parents and caregivers as well as children. - Surveys have indicated that the availability of premium wines and beer by the glass will significantly attract adult parents and caregivers to return more often. Stephen A. A'ukes&Associates 1250 Peach Street Suite B1 San Luis Obispo, Ca 93401 805-541-1a7' 1 1-52 KidZPlavRequired Repeal Visitors .august 1999 Market Population Under 12 Years of Age City of San Luis;Obispo.:. .1.999 P.o_pulation'By Age Distribution Under 1 year 333 6.7% 1 and 2 years 867 17.4% 3 and 4 years 701 14.1% 5 years 413 8.3% 6 years 471 9.5% 7 to 9 years 1,202 24.20/a 10 and 11 years 657 13.20/a 12 years of age 332 6.7% Total Age Population 4,977 100.0% ` ;-, ; Los 4soslBaywood.:Area � „ <; a 1999`poputat�on By'hgs Distribution Under 1 year 195 6.6% 1 and 2 years 434 14.8% 3 and 4 years 519 17.6% 5 years 195 6.6% 6 years 268 9.1% 7 to 9 years 768 26.1% 10 and 11 years 382 13.0% 12 years of age 1 1841 6.2% Total Age Population 2,944 100.00% San_Cuts Obispo County ° 1999'popuWIC: By Age Distribution Under 1 year 2,844 6.7% 1 and 2 years 6,639 15.6% 3 and 4 years 6,851 16.1% 5 years 3,441 8.1°x, 6 years 3,605 8.5% 7 to 9 years 10,291 24.3% 10 and 11 years 5,969 14.1% 12 years of age 2,790 6.6% Total Age Population 42,431 100.0% Stephen A. Nukes&Associates 1250 Peach Street Suite B1 San Luis Obispo,Ca 93401 805-541-2077 S �- 53 iCidZPlavReguired Repeat Visitors Aueust 1999 Analysis It was determined that approximately 31,560 annual admissions are needed in order for KidZPlay to break-even. Break EvenAnnuaf Admissions.;<; 31 s6o A market breakdown analysis estimated that 60% of KidZPlay's market is in the City of San Luis Obispo, 15% in Los Osos and 25% in other areas throughout San Luis Obispo County. {Market Breakdown San Lens Obispo 60.00% Los Osos 15.00% Rest of County 25.00% Using data reported by the U.S. Census Bureau, it was determined that approximately 4,976 children 12 years and under live in the City of San Luis Obispo, 2,945 live in Los Osos and 34,510 live in the remainder of San Luis Obispo County. ata 1z - _. . San Leas Obispo 4.976 Los Osos 2,945 Rest of County 34,510 Given the data mentioned above, it was determined how many admissions would be required from the City of San Luis Obispo, from Los Osos and other areas in the County. This was calculated by multiplying the annual admissions needed in order to break even by the percentage market for each corresponding area. It was estimated that 18,936 annual admissions were required from the City of San Luis Obispo, 4,734 annual admissions from Los Osos and 7,890 annual admissions for the rest of San Luis Obispo. County. Stephen A. Nukes&Associates 1250 Peach Street Suite BI Sae Luis Obispo, Ca 93401 805-541-2077 9 1-54 KidZPlay Required Repeat Psitors Aunust 1999 Required Annual Admissions San Luis Obispo 18,936 Los Osos 4,734 Rest of County 7,890 Given that the market penetration of available children will be approximately 50% in the City of San Luis Obispo, 40% in Los Osos and 25% in the other areas of San Luis Obispo County, it was determined how many visits would be required from each of these areas to breakeven. From the City of San Luis Obispo it was determined that 8 annual visits would be required, from Los Osos 4 visits and 1 visit from other areas in San Luis Obispo County. Penetratwns San bids Obispo 50.0% Los Osos 40.0% Rest of County 25.0% ReQulllCd lAnilual ISItS San Luis Obispo 8 Los Osos 4 Rest of County 1 Stephen A. Nukes&Associates 1250 Peach Street Suite B 1 San Luis Obispo, Ca 93401 805-541-2077 1 a �� 55 KidZPlay Policy and Procedures Staff Training Attend and complete the Department of Alcohol Beverage Control's(A.B.C.) Licensee Education on Alcohol and Drugs Seller/Server Training Program. (LEAD program, description, and agenda on attached flyer) (See attachment 1) ➢ Complete ABC form 607 incident log. (See attachment 2) Complete extensive KidZPlay training. Read and initial all KidZPlay policies and procedures. No one under 21 serves alcoholic beverages. Finger printing completed. Child Abuse Index completed. KidZPlay,Alcohol Policy and Procedure Manual,(7/99) KidZPlay Policies Concerning Minors It is everyone's responsibility to make sure that customers who are buying or drinking alcoholic beverages are at least 21 years of age. We will request proof of( I.D.) from any customer who appears 30 years of age or younger. To help employees do their job, managers will post the following sign in the establishment: "NOTICE: Our employees have been instructed to request I.D. from any customer who appears to be under 30 years of age. Thank you for your cooperation." State of California,ABC,LEAD Program,(11/91). KidZPlay,Policy and Procedure Manual,(7/99) . /-- 56 We have the right to, and will, refuse service to any customer who cannot produce adequate I.D. We will be familiar with the appearance of a genuine California driver's license identification card (the paper style and the credit card style). We may accept the following documents (both issued by the D.M.V.) as I.D.: We will use a pre-printed age chart as a quick way to determine age. The age chart, which says, "To Buy or Consume Alcoholic Beverages, You Must Have Been Born on or Before [Date],"will be updated daily. We will use separate types of plastic-ware to distinguish alcoholic drinks from non- alcoholic drinks. If we must refuse service, we will inform management. KidZPlay Policies Concerning Advertising, Promotions, and Pricing We will encourage an atmosphere that promotes social interaction among people of all ages. Advertising materials and campaigns will not use alcoholic beverages. We will not offer free alcoholic beverages or sell them below cost. We will not lower alcoholic beverage prices for the purpose of promoting sales. KidZPlay Policies Concerning Drink and Food Service We will discourage intoxication, and not serve any person who looks or acts intoxicated, even if they are taking a taxicab or have a"designated driver." This includes employees, and regular customers who may"always act that way." Management will support servers' decisions to terminate service to any customer. State of California,ABC,LEAD Progam,(11/91). KidZPLay,,Policy and Procedure Manual.(7/99) 1-57 12 Drinking alcoholic beverages during your shift, after your shift or at closing time is not allowed. Use or possession of illegal drugs on the way to work, on the job, or in our establishment is not permitted and will result in termination. We will sell no more than one drink to a customer at a customer at one time. We will not sell pitchers. If a customer is too impaired to drive safely, we will persuade the person not to drive, and arrange for a safe ride. If the customer refuses, employees should advise management, who will notify the local law enforcement agency of a description and the license plate number of the vehicle. KidZPlay staff will provide a list of taxi companies and phone numbers. KidZPlay Policies Concerning Crowd Control and Security Overcrowding will not be permitted. We will limit our customers to a number no higher than the legal capacity set by the Fire Department. Safety staff'will make sure customers are able to move freely in hallways, aisles, and common areas. We will maintain our establishment for sociability by providing table seating for groups of different sizes. To encourage socialization, we will keep the lighting from becoming too dim and the music from becoming too loud. Floor managers will have immediate control over all lights, music, audio, and air conditioning. Customers are guests in our business. We will not tolerate fighting among customers. We will not tolerate illicit drug use or sales by customers or employees. We will record any serious problem (such as fights, injuries, or vandalism), and how we handled the problem, in our incident log for the future reference. State of California,ABC,LEAD Program,(11/91). KidZPlay,Policy and Procedure Manual,(7/99) 13 -58 We will maintain a close, cooperative working relationship with local law enforcement agency. Employee Responsibility Statement Employee: Read and Sign I understand that our establishment is dedicated to the safe and responsible sale and service of alcoholic beverages. I will not knowingly serve alcoholic beverages to an underage or obviously intoxicated person. I will report any signs of illegal drug activity to management. I have read and understand our policies. I understand that if I follow these policies, management will fully support my decisions. I also recognize that my failure to follow these policies may result in job probation, suspension, loss of hours, or termination from this employment. Employee Signatwe Date State of Califomia ABC,LEAD Program,(11/91). KidZPlay,Policy and Procedure Manual,(7/99) 14 /- 59 Attachment 1 LEAD Program. j5 1 -.60 STATE OF CALIFORNIA Department of Alcoholic Beverage Control 5SE EU(fqTiO availablehe mission of high quality,effectiveLEAD and ducmake educationallyis to t sound training on alcohol responsibility and the law to all California retail licensees, applicants, and their employees. 9� o� The Department of Alcoholic Beverage Control 0040 .pt10 expects and encourages licensees to act responsibly relative to their ABC license privileges. The LEAD Program provides participants with practical information on how to sell and serve alcohol safely, responsibly and legally, and prevent illicit drug activity. Program Agenda Introduction Intoxication Importance of the Industry Alcohol Myths and Facts State and Local Law Enforcement: Obvious Intoxication Rights and Responsibilities Signs of Intoxication Blood Alcohol Concentration Liability Driving Under the Influence Criminal, Administrative and Public Intoxication Civil Factors Affecting Intoxication Reducing Risk of Liability ABC's of Managing Customer Drinking (on-sale) Laws Intervention Techniques The Law and Minors Other Laws Illicit Drugs Illegal Sales/Negotiations Checking Identification Drug Recognition I.D. Basics Drug Paraphernalia The F-L-A-G System for Identifying Drug-Impaired Checking Identification Customers Identifying Minors: How to Signs of Drug Activity Tell if a Person is Under Age Preventing Drug Activity For more information, call or write: Department of Alcoholic Beverage Control 3810 Rosin Court, Suite 150, Sacramento, CA 95834, (916) 263-6919 ABC-613 (8/95) �-61 Attachment 2 Incident Log 17 1 -.62 State of California '4partrnent of Alcoholic Beverage Control INCIDENT LOG Instructions: Complete an Incident Log for each patron involved. INCIDENT DATE INCIDENT TIME PATRON INFORMATION 1. PATRON'S NAME (First middle,last) PATRON'S PHONE NUMBER ADDRESS (Street number and name,city,state,zip code) I PATRON'S EMPLOYER 2. PATRON WAS INJURED IF YES,ON WHAT PART OF BODY MEDICAL ATTENTION WAS GIVEN (HOSPITALIZATION REOUIRED DYES 11NO []YES ❑ NO DYES ONO 3. PATRON WAS A MINOR IDENTIFICATION WAS CHECKED DESCRIPTION OF IDENTIFICATION SHOWN 11YES 11NO []YES []NO 4. WHERE WAS PATRON BEFORE YOUR PLACE 5. HOW DID PATRON CONTRIBUTE TO HIS/HER INJURY EMPLOYEE INFORMATION 6. EMPLOYEE'S NAME (First,middle,last) EMPLOYEE'S PHONE NUMBER ADDRESS (Street number and name,city,state,zip code) 7. EMPLOYEE'S NAME (First,middle,last) EMPLOYEE'S PHONE NUMBER ADDRESS (Street number and name,ally,state,zip code) INCIDENT INFORMATION S. ALCOHOLIC BEVERAGE RELATED INCIDENT 9. DRINK(S)SERVED (Number and type) ❑YES 11 NO 10. POLICE WERE NOTIFIED IF YES,BY WHOM WHAT POLICE AGENCY DATE OF CALL ITIMEOFCALL 11YES 11NO 11. HOW WAS INCIDENT BROUGHT TO YOUR ATTENTION 12. DESCRIBE INCIDENT (Including action you took to prevent or contra!the incident) Continued on reverse WITNESS INFORMATION. 13. WITNESS'NAME(First middle,last) WITNESS'PHONE NUMBER ADDRESS (Street number and name,city,state,z/p code) WITNESS'EMPLOYER 14. WITNESS'NAME(First,middle,last) WITNESS'PHONE NUMBER ADDRESS (Street number and name,city,state,zip code) WITNESS'EMPLOYER 15. SIGNATURE OF PERSON MAKING REPORT PERSONS TITLE REPORT DATE _ 6ABCX /-- 63 ABC-607 -607(12198) July, 1999 To Whom It May Concern; We strongly support KidZPlay's application for a license to serve premium local wine and beer. As a responsible adult we would like this choice, and find this service to be a convenience, when we bring family and friends to KidZPlay. In as much as KidZPlay is a family entertainment center and we as caregivers are required to stay at the facility while our children are there, we would repeat our visits to KidZPlay far more often if we had this service. KidZPlay while offering constructive and creative entrainment for children, also offers respite for adults. The serving of premium wine and beer would enhance this experience for adults. Thank you for consideration in this matter. Sincerely yours, Signature Printed Name&Address 19 1 . 64 Family Entertainment Facilities Serving Wine and Beer 1. The Graduate. 2. Captain Kids 3. Chuck E. Cheese 4. Disneyland 5. San Diego Zoo 6. Knotts Berry Farm. T. Great America 8. Universal Studios 9. Children's Time Machine 10.Noah's Ark Family Park 11. Bamboola 12. Holoworld 1.3.. Calgary 14. Paramounts Carowinds . 15. Coral World I& Schlitterbahn Waterpark 20 =.65 iII City of sAntuis oBispo 990 Palm Street, San Luis Obispo, CA 93401-3249 Attachment 7m7 family CnteMalnment CenteR SuRvcy* Name of Type. of.' Serve Hours Business Business Alcohol Served 1 Chuck E Family YES ALL Cheese Entertainment 2 Capt'n Kids Family YES ALL Entertainment 3 : Bambolla Family NO - Entertainment 4 Knott's Berry Theme Park YES ALL Farm 5 Enchanted Family NO Island Entertainment 6 Six Flags Theme Park NO - 7 Disneyland Theme Park NO - 8- Jeeper's Theme Park NO - 9 Adventure City Theme Park NO - 10 Funway Entert. Family NO - Center Entertainment 11 Planet Play Family NO - Entertainment 12 The Fun Place Family NO - Entertainment 13 Camelot Park Family NO. - Entertainment 14 : The Graduate Restaurant/ Night YES ALL Club 7:j Total= 14 4w YES 1:0 -:NO. 5-5-99 'This is an independently conducted survey by the City's Staff. ©The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. 1 -66 Telecommunications Device for the Deaf(805) 781-7410. Attachment 7®$' family Enteinainment CenteR Suttvey* Name of 7 e"of Business Serve Hours Business Alcohol. Served _ - - _ V. The Graduate Restaurant/ Night Club YES ALL 2 Capt'n Kids Family Entertainment/ YES ALL Restaurant - 3 Chuck E. Family Entertainment/ YES ALL Cheese Restaurant 4 Disneyland Theme Park NO - 5 San Diego Theme Park YES ALL ZOO (Throughout) 6 Knott's Beny Theme Park YES ALL Farm (Restaurants Only) 7 Great America Theme Park YES ALL (Restaurants Only) 8 Universal Theme Park YES ALL Studios (Throughout) 9- Noah's Ark Water Park YES ALL Family Park (Throughout) 10 Bamboola Family Entertainment NO - 11 , Paramount's Theme Park YES ALL Carowinds (Restaurants Only) 12 Coral World Not in US - - 13 Schlitterbahn Water Park YES ALL Waterpark (Throughout) Total=. 13 Serie in Restaurants`=,3 Serve throughout the Park= 4 Serve in the Building =3 No Alcohol = 2 8-5-99 'This survey is based on a list provided to the City by the applicant. It is meant to give further details on the applicant's list. i-6 + Q c~REAR PARKING LOT - 1 - ` a _ I Attach Gment °° j qk- ' g FLOOR PLAT T _ O= 8 Al �Ipry AY �r NM LJ ^�`y�p II q p r �6 sv 42+ y,1 �3yI O! ;II I k \ mgt, ..LW- . C) Z1515; e d of 3 � a ;i I I 77 14 � MARIGOLD CENTER jig tl u n In n y x e@��S�tila � � lR O p I r ! •. .• 1n IpI , do--=A. N__==fly _ •--/ .L I tl n n I •I tlgE 1. n.d.1 ar .. b ® ® tS o a♦ _ I IV e Q lid A • YY i• qot � � �____I'____ I SIC �� •I11.trt "'AB ' �- v _ � o_ IIS ___ ____ 1 I ' 1 T� •� �I YS I II 100001 ' 000, n u 11 1 Br j I \11 II I _, i bTn i 1 � ua•. I • Inll ,lF1TL1 1 A 1--68 PRIMARY PARKING LOT ' �rr�_, -^i� /�:^.f♦ � i..-.w.ar..r�.Nvl%--.'� :..��1.n :.. - it ap}+o -.i .e..iD /{t/•,i4• ^S T.� . -�+I '�?C"v �! Attachment INDUSTRIASITE PLAN IA WAY CD Co • • Co .• M i Co T I ' Co � ' • CJ Co CL CLIJ. CL Cr • t ^• so J a.J ' 03 n 1 Co .. yCo • ,_ — — h 1121 11 F. 3940Ca CA TANK FARM ROAD 1- 69 MEETING AGENDA DATE �ITEM #__.l_! • Gordon and Gail Perry -� Local Business Owners 3820 Broad Street San Luis Obispo,CA 93401 October 5, 1999 City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 Re: Kidz Play/Family Entertainment To Whom it May Concern, This business sounds like a great place where children and their parents can be together, spending quality time, having fun, interactmg and Simply enjoying each others company. What a perfect opportunity Kidz Play/Family Entertainment can have in helping to hold together the firmly unit. Why spoil this by making the children compete with beer and wine? Sincerely, Y"'&C� - Gordon C. and Perry 'L i•1 �r•J L,.' ❑OLF7,1;10R j REC DIFl p 1.1cvsGce/�� p U71L DIP PERS DIP._— MEETING AGENDA DATE %'' ITEM # • October 1, 1999 Ef'COUNCIL I CDD DIR Mayor and City Council of MCAD ❑FIN DIA $ACAO ❑FIRE CHIEF j San Luis Obispo 2ATTORNEY ❑PW DIR City Hall ❑CLERWORIG ❑POLICE CHF ❑AIG T TEAM ❑REC DIR 990 Palm St. 0 ❑UTIL DIR San Luis Obispo, CA ❑PERS DIR 93401 This letter is in regard to approval of a beer and wine license for KidZ Play. As a resident of San Luis Obispo for almost 45 years, I would love to have a place to take my grandchildren that is in San Luis Obispo, not Santa Maria or Atascadero. When my children were small Chuck E Cheese was the preferred place to go. It was in Santa Maria. The issue of alcohol should not be a question for the council. It should be an individual choice of an adult who is of a legal age to drink. You should not determine if an adult should or should not drink in the presence of a child. That is a parent responsibility. KidZPlay is a family center catering to adults as well as children. It should be in the same category as Chuck E Cheese and Captain Kids. Both of these establishments serve beer and wine. Thank you for your consideration in this matter. Sincerely, Nancy Bolan 405 JayCee Dr. San Luis Obispo, CA.93405 ERECEIVED DECEIVED 1999 rEI'T 0 0 1999 LERK SLC? CITY r-,Ot+ftCIL MEER AGENDA DATE_ 5�=ITEM # I October 1, 1999 • TO: Mayor Settle and all City Council Members We are very glad to hear that KidZPlay will soon be opening in our community. We have made many long trips to Santa Maria for entertainment for our children. We have known Dede Sanfilippo both personally and professionally for over ten years. She is a very responsible person whom we can assure you will run a very respectable business. She should be granted the privilege to sell beer and wine at this eating and drinking establishment. Dede and Robin will provide a very safe and fun environment for the children. As adults, we believe that we should be accommodated too and have the choice of drinking an adult beverage whether it be coffee, tea, beer or wine with our meal at KidZPlay. Sincerely, Brad and Nancy Calig6r 149 Fel Mar Drive San Luis Obispo 544-4544 E •CDD DIR ❑FIN DIR ❑FIRE MH ❑PW DIR ❑POLICE CHF ❑REC DIR ❑UTIL DIR -' t O PERS DIR 13 RECEIVED RECEIVED 0 C T - 5 1999 ^,I: 9 � 1999 SLO CITY 0LERK UO CITY rOUNI(311- MEETING AGENDA October 1, 1999 DATE. ITEM # • City Hall 990 Palm Street San Luis Obispo,.CA 93401 Dear Mr. Settle and City Council Members, This is to show my support for upholding the Planning Commission's approval of a beer and wine license for KidZPlay. I feel the owners have shown they plan to serve alcohol in a responsible manner by exceeding the requirements set by the ABC for themselves and their employees. Our community needs this type of business as we all go outside the city limits in search of what they will provide. I appreciate your efforts to make wise choices. y�u04 Im FAIHO ❑ A Sincerely, o S) 149 ,e / ❑ IM110011❑ ❑0d 0 OIA3NH01Ltl 1 Julia A. Schultz �� ❑ OVOVJ2 500 Charles Drive ❑ ovo.o San Luis Obispo, CA 93401 ❑ �IONnoa RECEIVED fllT � J1999 I SAO CiTY DO; .,,CIL 10/04/99 MON 15:35 FAQ 805 544 7529 K1dUla9 10001 MEETINu AGENDA DATE. ITEM# OUNCIL r:DIR D DIR 0 CAO 03CAO E CHIEF .ATTORNEY DIR " September 29,,1999 EMLERKIORIO ❑POLICE CHF ❑MGM1NEA p. 5 ❑UECIR .DIR TO: City COI1nCJ 1 ter P nal IR O PE SDDI 13 Mayor..Settle and Council Members We are writing in st..pport of the proposed licensing of K:.WPL<AY,.allouing.this establishment to sFa premium beer and wine by tht glass. we are.:new to the area and live in,Paso Robles,ho vever I attended Cal.Poly.San Luis Obispo. Returning after 20 years I have noticed th: obvious transition of the population in, Sail Luis.Obi.spu. The new housing and schools certainly indicate that this is now a., place whcrc young;couples are choosing to raise th:ii children It.is refresh.in;to.seethe diversity of the population and the:growth of busin asses in the area.. After driving.around and seeing all the new shoppi tg centers-and visiting a few old hang .outs, I did notice thore is-.no family entertainment f teility,just the Graduate, where I went as•a college student 20 years ago, and yes they sen e.liquor. We are in total.'suplort of the licensing that will.all i w fixe wine and premium beer to be sold at KIDZPLAY This type of facility and the c hoice for parents to enjoy a beverage of their choice.IF they please;wouldbean asset to this growing.community. I'm sure not. . every adult will chase to have a beer or wine,I per tonally do not,drink;but I donl feel it is the council's place'to make that choice for the ac alts who bring children to.play. We would hope that the parents will make intelligent c toices and aliow`KIDIPLtiY to be an excellent family entertainFnent center that San LuL, Obispo can boast to have located in . tbeirtown..: Leslie and Daniel Schoon 1455 Santa Ysabel Paso Robles CA 93.346' REGE1 VED- QCT 0. 4 .1999 SL O CITY COUNCIL RECEIVED OCT - 5 1999 SLO CITY CLERK MEETING AGENDA DATE2 D s- ITEM # September 29, 1999 To: Mayor Allan Settle and City Council OAowa� ECbD0 RN o RR WCAO 0 FIRE CHIEF From: Gary Pierini WATTORNEY O PW DIR BtLERKIORIO O POLICE CHF ❑M MG TES Q I S O REC DIR Re: KidZPlay, Fair Competition, Equal Opportunity 21 �YIh SP S 0 URSDD R I am writing this letter to show my support for KidZPlay. I believe they should be allowed to serve local, premium beer and wine because it will allow them to be competitive. Also shows that San Luis Obispo offers equal opportunities to local businesses. I am the owner of Redemption Games and Maintenance and my business deals with many pizza parlors along with Captain Kids Pizza Playland. I believe Captain Kids is the most comparable business to KidZPlay. They have served beer and wine from the start of their business and have never experienced a problem from this service they are providing their customers. Places like Iaondikes and Straw Hat Pizza are family focused businesses, which offer amusement machines to draw in parents with children. The Graduate, I believe, is also strong competition to KidZPlay, especially on the weekends. Due to the close proximity of the two businesses, it is crucial for KidZPlay to be allowed to serve beer and wine, otherwise they face losing valuable customers to their competitors. I strongly believe that KidZPlay a San Luis Obispo based business, should not be singled out and denied the right to serve local beer and wine. They should be allowed to conduct their business, as they would like to do. I hope that you will join me in supporting KidZPlay by allowing them to serve local beer and wine. Thank you for your time. Respectfully, Gary Pierini Redemption Games and Maintenance RECEIVED 0 C T - 4 1999 SLO CITY CLERK MEEiI,gG AGENDA DATE �0--.ITEM # (__., To: Mayor Settle and City Council Members From: Sarah Roldan ----- — San Luis Obispo has always been a town that offers a unique blend of shops and restaurants. We as a city stand out as a wonderful alternative to the towns that get swamped by nothing but chain stores and dinner establishments. Here we have KidZPlay, a facility dedicated to families and yet many people have taken one aspect, the choice to purchase a glass of wine or beer, and have plagued the media with nothing but criticism. I am sorry but I choose to disagree. I do not drink alcohol so it does not effect where my husband and I choose to have lunch or dinner. However, for many people who do enjoy wine or beer, this issue does have an effect on where they will go for a meal. It comes down to one idea, the freedom of choice. We as adults have the freedom to choose what we want. It is that simple. Personally, I can not wait until this issue is resolved and KidZPlay can finally join our unique community. They are a wonderful asset which gives our town the character which so many of us hold dear. ,Sr Obc j��;5 � C R 3�+ ELMGMT ODIR FIN GKDDDIR ❑FIRE CHIEF ❑PW DIR ❑POLICE CHF O REC DIR❑UTIL DIR❑PERS DIR RECEIVED . 00T - 4 1999 SLO CITY CLERK lie DATE yI DAGENDA / s,9 IIT # r September 28, 1999 Mayor Settle and Council members, CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, California 93401 RE: 3860-1 Broad Street— KidZplay Compatibility of alcohol sales within Marigold Center Honorable Council members: Marigold Center currently has two businesses selling alcohol. Since these businesses began operation, neither business has experienced alcohol related problems involving other businesses in Marigold Center or the surrounding residential neighborhoods. KidZPlay alcohol policy allows the Department of Alcohol Beverage Control to train staff. I find KidZPlay's alcohol control and sales philosophy setting the standard for family businesses and do not foresee incompatibility within the Marigold Shopping Center or the surrounding residential areas. Marigold Center would appreciate your support of KidZplay's request. If I can answer any questions, please do not hesitate to call me at (714) 538-9532 or our Project Manager, Tom Phillips at (805) 782-8800. Yours truly, FAO MtDD DIR MARIGOLD CENTER ❑FIN DIR ❑FIRE CHIEF ❑PW DIR IG ❑POLICE CHF A ❑REC DIR s ❑unl DIR Paul Quong �S rd ❑PERS DIR �a Managing Member RECEIVED n t 0 4 1999 SLO CITY COUNCIL Ma/nOflfee 111fEastKatel/aAsenue,Su/te235.Orange,CA 92867.014/53 9532•lTJ4/53�2545fi4Jlf Site 3990BieadS&eet•Sanlu/s0#1spe,Ca/ffern/a•18051182-8800•18051782-8809fiRlX DAVE ROMERO- Enough of the mothers 'vpes _ Page 1 MEE)mG AGENDA DATE o-5'9 ITEM #= From: Ryan Joiner<doiner@calpoly.edu> To: <asettle@ci.san-luis-obispo.ca.us>, <dromero@ci.san-luis-obispo.ca.us>, <kschwartz@ci.san-luis-obispo.ca.us>, <jmarx@ci.san-luis-obispo.ca.us>, <jewan@ci.san-luis-obispo.ca.us>, <rjoiner@calpoly.edu> Date: Thu, Sep 30, 1999 10:18 PM Subject: Enough of the motherly types Dear Mayor and City Council Members, Apparently on October 5th you will vote on Kidzplay's ability to serve alcoholic beverages at its FAMILY establishment. I feel you should vote in their favor to serve alcoholic beverages. I can appreciate the appellants'concerns about children mixing with alcohol, however it is very commonplace in this world for alcohol to be served in family establishments, i.e., Woodstock's Pizza, Hudson's Grill, Firestone Grill, Chuck E. Cheese, Klondikes, Captain Kid's Pizza Playland, and even certain arcades, etc.,etc. Would you remove these business'right to serve alcohol, and thus take away our right to enjoy it in our own time and way. I am currently working on my Master's degree enroute to a Ph.D., I am a father of an eight year old daughter, and I very much appreciate the right to enjoy a fine beer with dinner when we go out. As a responsible parent, it is my job to raise my daughter to be a responsible, caring, hard-working citizen of this country, not yours, or these"Motherly"-type people who feel the world should all be like "them." This is called freedom, and I urge you to allow us to make our own decisions regarding the types of environments we choose to allow our children to be in. Thank you very much for your time. Have a good day. F91ACAO OUD DIR ❑FIN DIR Ryan Joiner ❑FIRE CHIEF 194 Lincoln ❑PO DIR San Luis Obispo, CA 93405 G ❑POLICE CHF ME3 REC DIR p RS UTIL DIR DIR .:)i jV4C1L SL' DAVE ROMEM- KidZPlay Hearing _ Page 1 MEETING AGENDA From: ^JES" <john@jesherry.com> DATE ITEM #-�.- To: <dromero@ci.san-luis-obispo.ca.us> Date: Fri, Oct 1, 1999 11:22 AM Subject: KidZPlay Hearing Greetings, As a parent of two children, am looking forward to the opening of KidZPlay in San Luis. I do not drink alcohol and the ability of their operation to serve alcohol is of little personal interest to me. However, I do respect their right to do everything they can to operate a viable, successful business. Being able to serve alcoholic beverages is a necessity for their type of business (food and entertainment). Parents drinking a beer or glass of wine with their meal in front of their children is, of course, common and I see no reason to restrict such practice at KidZPlay.You don't have to look far to find other places of business where there is no such restriction: The Grad (we take our kids there all the time), Roundtable Pizza (they have lots of kid's video game machines and toy vending machines)Captain Kids in Atascadero, etc. Most of those places also serve the drinks in pitchers, which I understand will not be the case at KidZPlay (good idea!). I hope that you will give your support to this great new business in SLO and not shackle their ability to succeed with a singular and unfair restriction. IRWUNCIL BUD DIR Best regards, IO.CAO ❑FIN DIR John Sherry EnCAO ❑FIRE CHIEF 635 Stanford Drive E�r/XTTORNEY ❑PIN DIR San Luis Obispo, CA 93405 I]CLERKIORIO ❑POLICE CHF 805-544 4265 ❑MGMT TEAM ❑REC DIR p�J•�ho[�_I_S ❑UTIL DIR jes@jesherry.com sl ❑.PER$DIR CC: <asettle@ci.san-luis-obispo.ca.us>, <kschwartz@ci.san-luis-obispo.ca.us>, <jmarx@ci.san-luis-obispo.ca.us>, <jewan@ci.san-luis-obispo.ca.us> r. .. - ..1 ]N1C SL' DAVE ROMERO _KidZPla- Paqe MEETING AGENDA DATE lo-_.ITEM #o_!_,_ From: Claudia R Santos <smerky@juno.com> To: <jewan@ci.san-luis-obispo.ca.us>, <jmarx@ci.san-luis-obispo.ca.us>, <kschwartz@ci.san-luis-obispo.ca.us>, <dromero@ci.san-luis-obispo.ca.us>, <asettle@ ci.san-I u is-obis po.ca.us> Date: Fri, Oct 1, 1999 8:34 AM Subject: KidZPlay Dear Mayor Settle, and Council members, I'm sending you this e-mail in support of KidZPlay. As a resident of San Luis Obispo for 45 years, I believe that we need a family entertainment center here. A place where families can go and enjoy each other as well as other families. A place where the children can play in a supervised area while parents can enjoy other parents. A place where food, along with beer, PlCOUNCIL 0KDD DIR wine, soda, milk and water id served to accommodate a variety of tastes. Q'CAO ❑FIN DIR A place where a mature adult is allowed to make choices. R*AO ❑FIRE CHIEF UKTTORNEY ❑PW DIR Ultimately, a parent is responsible for their actions in raising their MCLERKIORIG ❑POLICE CHF children. I personally think you shouldIve the parents of San Luis 11 hi TEA ❑REC DIR Obispo the opportunity to make choices p Z ,111v5Fiwnd 13 ERS DIR Please consider this in your final decision on KidZPlay. Thank you, Claudia Santos 4995 Hacienda Ave. San Luis Obispo, CA. 93401 Smerky@juno.com RECEIVED nr.T04t9g0 SLO CITY 0. LINCIL MEE►...j AGENDA TE /o ITEM # -000000 DIR AOFIN DIR PUAO O FIRE CHIEF 21ATTORREY O PW DIR ODLERVORIG ❑POLICE CHF ❑MGMT ��O REC DIR ,aft b ' mnAp PE SDIR D R �3 v� ate.. 3860 Broad St. Suite #1 LRECEIVED Sall LUIS Obispo, CA :± OCT _:.1 1999 ® r� O CITY CLERK 3401 c KidZPlay September 27, 1999 3860 Broad Street Suite 1 San Luis Obispo, CA. 93401 Dear City of San Luis Obispo City Council, Thank you for taking the time to read our letter. We would like to address concerns regarding KidZPlay. We seem to have been mischaracterized. We are not a daycare or"children's activity center." Many of the programs at KidZPlay are designed solely for our adult customers and are designed to encourage repeat business, as repeat business is a necessity for our business survival. An example of this is Discovery Zone, a highly capitalized nationwide chain of Children Entertainment Centers owned by Viacom and McDonalds. After an initial success, because they did not target adults they are now in bankruptcy. They have been purchased by Chuck E. Cheese, which does offer wine and beer. Our target market includes the entire family, adults are a critical component to our success. A"children only" facility cannot survive for long which is why we chose a family entertainment facility. The planning commission approved our request because they understood that we were serving adult caregivers and parents as well as children. They also understood our category was not a"children's activity center," but a family establishment like Klondikes of Arroyo Grande and Captain Kid's Pizza Playland of Atascadero. The planning commission also understood our objective to provide for families. Other cities have their own family fun places, and the commission realizes San Luis Obispo deserves their own. Our competition, Klondikes in Arroyo Grande with puzzles and games on the floor for younger children along with a game room and Captain Kids Pizza Playland in Atascadero with a play structure and games area for children have successfully served adult beverages to parents and caregivers for many years. A similar service at KidZPlay would allow our business to compete fairly with the competition. Our menu also includes healthy soups, sandwiches, salads, and other adult drinks like coffee and tea. We also serve soft drinks,kids meals and of course, hot dogs and pizza The policy and procedures for wine and beer service will be strict and strongly enforced. KidZPlay has exceeded the appropriate steps as outlined by Department of Alcohol Beverage Control(ABC). We have contacted ABC to personally train our staff. This is not a requirement of ABC. Through the Department of Alcohol Beverage Control(ABC) education and comprehensive training of all our employees we will provide a safe and secure family entertainment facility. Only employees 21 and over will pour or serve wine and beer beverages. This is also not a requirement of ABC. The Co-presidents, Robin Williams and Dede Sanfilippo have also completed License Education on Alcohol and Drugs(L.E.A.D.)training with ABC. KidZPlay has not received negative complaints regarding the request for this license from o Letters sent to the surrounding neighborhoods. o The 30-day notification in the paper. o The 30-day sign posting at the site for this licenser We have received over 500 letters of support and party requests from parents. We also received numerous inquiries from parents groups, clubs,.and families desiring to use our facility, Our goal is to provide an Outstanding Family Entertainment Facility for our community! As parents ourselves,we understand the need for a safe, comfortable, relaxing environment that caters to the parent as well as the child. Recognizing the need to cater to the adult to maintain repeat � suie"ss,we offro Per bu. . grg and opportunities solely for the adult caregiver including: e Coffee Clubs o Parents without Partners Meetings e Base for parents to have Tupperware,.Pampered Chef; Avon, Mary Kay get-togethers, etc.... e Guest speakers of interest to our adult caregivers and parents. We also offer a variety of family and community programming including: o Special Speakers for kids and adults o Family Game Night e Family Karoake e Safety month e SLO.Family Mixers o Fund Raisers o Internships and Senior Projects opportunities for Cal Poly State University and Cuesta College.students. We offer entertainment opportunities for businesses as well: e A Day of Corporate Play for a company's employees. (typically closed to the public) e Business Holliday Parties for families, and More... KidUlay would never serve anyone intoxicated. Our policy states we would call a cab in such a situation. KidZPlay also limits the number of glasses of wine or beer served to an individual customer. We serve wine and beef only by the glass. There will be no happy hours or sales of pitchers or carafes as happens in many other well-known establishments that cater October 1, 1999 Letter to the Editor KidZPlay is not daycare but a business most similar to Captain Kids. I believe KidZPlay should serve beer and wine and let's stop the double standards. Every restaurant that requested to serve alcohol has been allowed. The same parents patronizing these businesses will probably patronize KidZPlay. Stephen Nukes is right, with a nightclub or Carl's Jr. as the only choices in San Luis Obispo for mothers and fathers, we need an alternative. Parental responsibility and maturity does not change from one business to the next. Parents are not the problem. I have never seen a parent leave an establishment into)acated with their children. Quite the opposite I have seen parents use care and reason when with their children. After all they are parents. Enough with the nightclub or soda pop and hamburger place, let's give the mothers and fathers in San Luis Obispo a place to enjoy also. Linda Feil 3860 S. Higuera A 14 San Luis Obispo, CA. 93401 September 29, 1999 Opinion It is about time. I have a four year old daughter and view KidZPlay as finally something for parents as well as children in San Luis Obispo. KidZPlay is not daycare but a place that accommodates parents and children. I agree with Mr. Nukes. I have gone to both ends of the San Luis Obispo family spectrum, Carl's jr. and the Graduate. I would like a middle of the road that treats me like an adult and my daughter like a child. Last year,the Children's Museum jumped on the wine industry bandwagon with their first wine tasting fund raiser and this year recently held their second annual wine tasting fund raiser. A successful event both years. They pointed out this was adults only, but still they generated alcohol revenue from parents. Serving local wines of course. They understood what it takes to pull in the adult. They were right to act competitively in a community with many non-profit organizations vying for donations. KidZPlay also has competition that provides this service to parents like Atascadero's Captain Kid's Pizza Playland. In San Luis Obispo right down the street from KidZPlay is the Graduate, a nightclub that draws parents and children simply because the children can run around on the largest dance floor in the county and parents can relax with a meal and a glass of wine if they choose. KidZPlay should be allowed access to the same market as their competition. Sincerely, Kim and Richard Gomez 1010 Vista Brisa San Luis Obispo, Ca. 93405 Telegram Tribune Letter to the Editor I look forward to taking my granddaughter to KidZPlay. They are not a daycare business, but an entertainment business providing fun for the children and relaxation for the parent. I think it is a great addition to our community to provide a place for families. Other entertainment businesses Captain Kids and the Graduate have served alcohol for many years to parents without problem and I believe KidZPlay should be allowed the same services as these businesses. I understand a number of issues were brought up in an appeal letter to KidZPlay and I find these concerns baseless. I believe the appellant does not understand KidZPlay. As with Captain Kids, the Graduate, and Straw Hat Pizza many businesses in our community sell alcohol and I have never heard of parents with children causing a problem. Arroyo Grande, where the appellant resides, has an entertainment business called Klondikes, which also provides this service to parents and serves children with games and pizza without problem. Please deny this appeal and allow the informed community members the right to be responsible and make choices for ourselves. Sincerely, Natalie Grantham 773-1916 PO Box 5 Pismo Beach CA. 93449 Telegram Tribune Voices Let's teach our children to act responsibly. We only hurt our children when we hide the truth. Kidzplay wants to serve alcohol to parents and someone wants to hide alcohol from them until they are eighteen and go to college. Those are probably the children the Tribune has written.thebinge drinldng articles about. Let's be.role models to our children and model responsible adult behavior. Kidzplay shotild be allowed to sell alcohol. The professionals of the Tiger Parent's Network said,it's up to the parents and I agree. Keith Dillon Paso Robles The Tribune e-mail to wgroshong@tribune-news.com October 1, 1999 Letter to the Editor. I have lived in San Luis Obispo fc:r 45 years. We need a place like KidZPlay. A family entertainment center that caters to both parents and children. A place where families can go and enjoy each other, as well as other families. A place where children can play in a supervised area while parents can enjc:y other parents. A place where food, as well as, beer, wine, sod a, milk, or water is served to accommodate a variety of tastes. A plctce where a mature adult is allowed to make choices. As a grandparent I'd like to take my grandchildren to a nice place in San L:ais Obispo, not Santa M:iria, or Atascadero. When my children were ;small we went to Chuck E Cheese, the preferred choice of the times. It was located in Santa Maria. Today we're looking at a great opportunity for San Luis Obispo to have a great facility, KidZPlay. Ultimately the parents are respor sible for their actions in raising their children. Shouldn't the parents of San Luis Obispo be given the opportunity to make choices? Claudia Santos San Luis Obispo to adults and children. We will always encourage patron responsibility. Our policy is adults are . not allowed.in KidZPlay without children -This means adults alone looking fora meal or refreshments are not allowed into KidZPlay. Recently, Chief Gardiner, San Luis Obispo Police Chief invited San Luis Obispo businesses to speak with himself and representatives of ABC regarding proper alcohol training by ABC. KidZPlay attended this meeting to show support for Chief Gardiner's plan. Chief Gardiner himself commended KidZPlay for our responsible behavior in attending the meeting. r ABC training has been a KidZPlay philosophy from day one and.ABC training.for our staff was public knowledge months prior to Chief Gardiner's meeting.. KidZPlay has invested over$1.5 million dollars to bring this unique facility to the citizens of San Luis Obispo to meet.the needs of parents and families with a fun, safe, dynamic, environment. This investment is at severe risk if we are not able to attract adult caregivers to return.. Our surveys have indicated that over 70% want-the option.to have premium wine and beer with their meal if they desire. Many family venues in and around the City of San Luis Obispo realize premium wine and beer are an acceptable part of family-oriented entertainment experience for parents when handled in a mature, professional, safe manner. KidZPlay Family entertainment offers just that environment. We hope this offers you a clearer picture of KidUlay. If we can answer any questions or address any issues please call us at 544-7529. Sincerely, Dede Sanfilippo Co-President '0�,001( gRoWilliams Co-President UNITY CHRIST CHURCH Leona Evans, Mi^igter 1490 Southwood Drive•San Luis Obispo,CA 93401 (805)543-4250.FAX(805)543-4298 Inspirational Message(805)544-8540 Sharon Mesker August 25, 1999 Office Administrator Carol Keefer Administrative Assistant Jo Parkening Youth Director To Whom it May Conern: Charles Page I have been asked by Dede Sanfillipo and Robin Williams to write a Assistant Youth Director character reference for them. I am happy to do so. Mark Welch Music Director I have known Dede and Robin for the past couple of years and find Gini Townsend them to be of strong positive character and integrity. They have volunteered Bookstore Manager many hours to help us obtain a license for our.new Montessori School at Unity. Homer Doughty Their work was highly organized and they were very compassionate in their Facilities supendsor dealings with our committee. They received praise for the quality of their work from the licensing board in Santa Barbara. I know both Dede and Robin to be loving and caring parents. Their primary concern in all their endeavors is what is best for children. Recently they hosted a birthday party for my son, Matthew. It was a wonderful event for both the children and adults, and I look foward to having them host his party at their new facility next year. I have the highest admiration and respect for Dede and Robin. I wish them great success in their new venture. If I can be of further help, please feel free to contact me. Blessings, Leona Evans Minister Member:Association of Unity Churches` Affiliated: Unity School of Christianity,Unity Village,MO 64065 October 1, 1999 Mayor and City CXuncil of San Luis Obispo City Hall 990 Palm St. San Luis Obispo, CA 93401 This letter is in regard to approval of a b ger and wine license for KidZ Play. As a resident of San Luis Obispo for aln lost 45 years, I would love to have a place to take my grandchildren that is in San Luis Obispo, not Santa Maria or .Atascadero. When my c hildren were small Chuck E Cheese was the preferred place to go. t was in Santa Maria. The issue of alcohol should not be a qu,:stion for the council. It should be an individual choice of an adrilt who is of a legal age to drink. You should not determine if an a cult should or should not drink in the presence of a child. That is a parent responsibility. KidZPlay is a family center catering to adults as well as children. It should be in the same category as Chu-* E Cheese and Captain Kids. Both of these establishments serie beer and wine. Thank you for your consideration in this matter. Sincerely, Nan-.y Bolan 405 JayCee Dr. San Luis Obispo, CA.93405 h.__fING AGENDA DATE �o®ITEM # l Kimberly Lawless ....... 33500 Bullock Lane #15 San Luis Obispo, CA 93401 MOUNCiL InAO oo D CAO 13 FIN C ATTORNEY O FIRE C September 28, 1999 ©'6LERK10RIG 0 POLIC' 14 GMT AM O REC D: jL Mayor& City Council a>d ❑PE UTIL D' City Hall PERS D. 990 Palm Street San Luis Obispo, CA 93401 RE: KIDZ PLAY I am writing to you regarding KIDZ Play because since I first heard about the plans for this facility in San Luis Obispo I have anxiously awaited it's opening. We all know we live in the"Happiest Place on Earth" and I mean that sincerely, yet when it comes to our kids the city is lacking. I frequent the parks, hiking trails, beaches, etc. but what about the colder day's and evenings, not to mention the safety of a woman and child alone in the park. I know, I know, the SLO Children's Museum. Yes it is a great place and I take my daughter there often, we even have a membership. But that is only one indoor activity. Friday Happy Hour, not an excuse to get drunk cheap, but a celebration of a successful week of hard work accomplished and a couple of day's to spend with our kids. How nice it would be to be able to enjoy this time honored tradition of unwinding with friends without having to send the kids to a babysitter. I myself choose to spend these afternoons with my daughter not my friends and co-workers because being a working parent this is some of the only time she and I get together. So when next year comes around please don't be the reason I say "If only me, the other working parents and our children and their friends had someplace we could all go together to unwind Oh that's right we could have but the City of San Luis Obispo decided that the legal sale of alcohol wasn't legal after all. " Very truly, -� 9- [RECOVEDKimberly LawlessMother, Tax Payer, (and by the way)Non-Drinker P . q 1999In favor of IUDZ PLAY CITY r_.t,u!�CIL Mayor Allan Settle and City Council, I look forward to taking my granddaughter to KidZPlay. KidZPlay sounds like a nice place to have lunch and a glass of wine and a fun place to take my granddaughter. 1 think it is a great addition to our community to provide a place for families. I have gone to Captain Kids and Klondikes for entertainment. These businesses have served alcohol for many years without problem and I believe KidZPlay should be allowed the same services as these businesses. I understand a number of issues were brought up in an appeal letter to KidZPlay and can assure you as a mother and grandmother the concerns are baseless. As with Captain Kids and Klondikes, many restaurants in our community sell alcohol and I have never heard of parents with children causing a problem. Please deny this appeal and allow the mature community members the right to be responsible and make choices for ourselves. Sincerely, Natalie Grantham 773-1916 PO Box 5 Pismo Beach CA. 93449 REC-;''a ED SFP ta99 SLO CIT`'{ r ;5t1NCIL September 29, 1999 Mayor Settle and Council Members 990 Palm Street San Luis Obispo, CA. 93401 Regarding KidZPlay's right to sell alcohol We take four year old daughter to Hudson's Grill and Bar for dinner and see no difference between Hudson and KidZPlay. Both serve families and alcohol. My daughter loves going to Applebees, which has "Signature"alcoholic drinks. Alcohol is cheap at these establishments compared to $5.00 or$6.00 a glass at KidZPlay. Although Hudson and Applebees offer a variety of drink specials and happy hour type promotions, my husband and I and our friends with children act responsible and will drink only one glass of beer when with our children. We view this as finally something for parents as well as children. The only children's fun place in San Luis Obispo is the Children's Museum, and they are okay but do not accommodate parents. We look forward to KidZPlay and want them to serve beer and wine. Sincerely, J4. Kim and Richard Gomez 1010 Vista Brisa San Luis Obispo, Ca. 93405 Z VED 1999OUNCIL MEET DATE IVP �9 AGENDA —°— September 26, 1999 ITEM #—� City of San Luis Obispo EPrCAO :OF C!R 990 Palm Street San Luis Obispo, CA 93401 DIR CE CNF DIR attn: Ci Cler Lee Price UTIL DIRtY S DIR I Please provide this correspondence to the City Council for purpose of the City Council Public Hearing on October 5, 1999 regarding the appeal of the Planning Commissions's Decision approving a Use Permit to allow beer and wine at Kidz Play in the Marigold Center. Dear Council Members I live directly behind the Marigold Center and wish to support those who are appealing the Planning Commission's Decision. It is my understanding the Kidz Play was previously allowed to sell beer and wine at the proposed restaurant. I have a school age child (fourth grade). I would support the lack of alcohol at a restaurant that I could take my child. Children seem to really notice the actions of the adults around them and when alcohol is available it seem that the clientele is more rowdy and could care less what impression they are making on the children in the room. I will not support the restaurant if beer and wine sales are permitted. I hope no one else will either. Please let parents have a place to take their children that is not fast food. v� Susanne Valadez-� 820 Marigold San Luis Obispo, CA 93401 RECEIVED SFP 2 8 1999 SLO CITY COUNCIL