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if they could petition against it. Chairman Michelotti <br />responded that the City Council has the power to overturn the <br />Planning Commission's decision and they could present a petition <br />to City Council. <br />Mr. Swif t explained that the Commission has the authority to <br />change the hours of operation or amend the Code to disallow the <br />sale of alcoholic beverages, but that it would then apply to all <br />like operations. <br />Mr. Creamer returned to the podium. He explained that Mountain <br />Mikes is a franchise restaurant. He has operated one in Fremont <br />for five years and they are open until midnight. He stated that <br />most operations like his stay open until tam. He said that he <br />felt this was a family-type operations that he catered to the <br />youth in Fremont and planned to do so in Pleasanton. He stated <br />the concerned citizens should feel free to call anywhere in S. <br />Fremont and check the references of his restaurant. He thought <br />the citizens did have valid concerns, but stated they sell only <br />beer and wine, not hard liquor. <br />Commissioner Mahern asked Mr. Creamer what the percentage of <br />beer and wine are to the sale of food. He figured it would be <br />no more than 1~ to 15%. <br />Mr. Creamer reminded them that an operation as his is under <br />strict guidelines and his use permit would be revoked if he does <br />not obey the regulations. <br />Chairman Michelotti asked if he would consider closing at ilpm. <br />He responded that he really wanted 12 midnight because of late <br />night functions such as adult softball leagues. <br />The public hearing was closed. <br />Commissioner Tarver said even though he appreciated Mountain <br />Mikes as a pizza parlor he could not support the application as <br />he felt the residents were told one thing and they were now <br />being asked to compromise. <br />Commissioner Mahern stated she could support the application. <br />She knew of other pizza parlors in Pleasanton who sold beer and <br />felt there were no problems associated with them. She thought <br />12 midnight would be an appropriate closing time. <br />Commissioner Herger agreed with Commissioner Mahern, adding she <br />knew of no problems associated with Mountain Mikes. <br />Commissioner Hoyt also supported the application, noting that <br />the restaurant must abide by the rules or lose their use permit. <br />He empathized with the residents but felt there would be no <br />problem. <br />Chairman Michelotti said she could support the application if it <br />contained a review period for the use permit. <br />Page 12 <br />