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that he is obviously not in opposition of that with the proper permits but wants to make <br />sure that the "how" and "when" of times are discussed, if the times are being set here or <br />if the focus here is the use and the times will be figured our later. <br />Ms. Wallis stated that the intent here is that restaurants are automatically permitted to <br />be open to 11:00 p.m. if they do not sell alcohol, but if they sell alcohol past 11:00 p.m., <br />they would require a Conditional Use Permit. She noted that in this case, a Conditional <br />Use Permit would be required if restaurants sell alcohol after 11:00 p.m. <br />Commissioner Balch questioned just for follow -up purposes if he can apply for a permit <br />for 11:00 p.m. to 1:00 a.m. He then referred to Item 2 under Conditional Uses /Retail, <br />restaurants with brew pubs, and assumed that the element here is the brew pub versus <br />just standard alcohol service with restaurant. <br />Ms. Wallis replied that is correct, adding that there is a specific brew pub definition in <br />the PMC. <br />Chair O'Connor inquired what the distinction is between a restaurant and brew pub that <br />serves beer versus a restaurant that serves beer and wine but is not a brew pub. <br />Mr. Dolan replied that it is in the PMC and asked Chair O'Connor why he made that <br />distinction. <br />Chair O'Connor stated that he understands a restaurant can serve beer and wine and <br />be open until 11:00 p.m. at night without having a Conditional Use Permit, but a <br />restaurant with a brew pub will need a Conditional Use Permit. <br />Mr. Dolan stated that there is an opportunity within this PUD to make all things equal, <br />and if that is what the Commission would like to do, that is what staff will pursue. <br />Commissioner Balch stated that "brew pub" is defined as having a true bar that can <br />have more than a few people, more than just something that is a standard restaurant <br />that maybe has a small bar area. He added that he is indifferent either way and is <br />generally fine with the uses. <br />Commissioner Allen stated that she is generally fine with the uses, but is concerned <br />that, for example, in the Downtown, there is a situation where there are a lot of hair <br />salons and service businesses and less and less traditional retail stores, and everything <br />is single -level for the most part. She noted that in a worst -case scenario in a shopping <br />center like this, there would be a whole bunch of music and dance studios and <br />gymnasiums that end up taking the ground floor because those are businesses where <br />people come in and out and they are not necessarily shopping, and it would detract <br />from restaurants and traditional retail, and the shopping center might not be as healthy <br />as it could be. She suggested that the first level be for these vibrant businesses that <br />have a lot of retail and energy, and for the buildings that have two floors, orient those <br />service- oriented businesses to the second floor. <br />PLANNING COMMISSION MINUTES, October 22, 2014 Page 26 of 30 <br />