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Chairperson Maas expressed concern about revolting or suspending the conditional use <br />permit, which would make it difficult for a new business to commence operations. <br />Commissioner Arkin would like to see a jazz club in Downtown Pleasanton and noted <br />that previous promises regarding the nature of the business in that location had been <br />broken. He suggested that six months after a new business opens, the owner appear <br />before the Commission for a review. He noted that would also protect the community. <br />Chairperson Maas agreed with Commissioner Arkin's suggestion to allow a new business <br />an opportunity to become successful. <br />Commissioner Blank also agreed with Commissioner Arkin's suggestion and added that <br />food service must take place whenever alcohol is served~ <br />In response to an inquiry by Commissioner Fox regarding the possibility of closing the <br />back patio, Commissioner Roberts suggested that be addressed at the six-month review. <br />If the back door is being used inappropriately, it could be changed to a fire door exit- <br />7n response to an inquiry by Commissioner Fox regarding security personnel, Ms. Decker <br />brought the Commission's attention to Condition No. 4, which addressed time constraints <br />as they applied to performance. Security personnel retained by the business would give <br />weekly reports identifying activities on-site; these reports would be available upon <br />request by the Planning Director or the Police Department- If there were unacceptable <br />activities on-site, the use would be re-directed to the Commission for an additional public <br />hearing to review performance. <br />Ms. Decker requested additional clarification from the Commission and noted that <br />Condition No. 2 limits food service to 1 1 =00 a.m_ - 9=00 p.m. She understood that <br />kitchen services should be available whenever alcohol is served_ <br />A discussion on smoking as it relates to State law ensued. <br />Chairperson Maas noted that there were currently no receptacles for cigarettes on the <br />patio. <br />Ms. Nerland advised that State law generally applied to enclosed areas; the patio is not an <br />enclosed area. <br />PLANNING COMMISSION MINUTES February 23, 2005 Page 8 of 17 <br />