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been considered? He asked if the City would be sending out the wrong message advocating the <br />sale of beer. <br /> <br /> Ms. Mohr was intrigued with the popularity of the microbreweries in California. How <br />would this be any different than making wine at home? <br /> <br /> Mr. Roush did not feel the City could impose a tax on the sale of alcohol. The business <br />will be subject to a business license tax and pay according to the gross receipts. <br /> <br /> Mayor Tarver opened the public hearing. <br /> <br /> There being no speakers, the public hearing was closed. <br /> <br /> Mayor Tarver stated he preferred to see a conditional use permit on this type of activity. <br /> <br /> Ms. Dennis asked about the City's ability to enforce compliance with this type of <br />permitted use versus a conditional use permit? <br /> <br /> Mr. Swift stated a business needs to get a zoning certificate for this use and it comes with <br />ready made conditions. What is missing is a public heating, where the neighbors have a chance <br />to raise issues that might not apply across the board but are unique to a site. This is given up <br />by permitted use. The conditions that are part of the zoning certificate are just as enforceable <br />as the conditions to a conditional use permit. <br /> <br /> Mr. Pico supported modification to require the conditional use permit. <br /> <br /> It was moved by Ms. Mohr, seconded by Ms. Dennis, to approve the staff <br />recommendation with no sq. ft. limit on breweries. <br /> <br /> Mayor Tarver asked if the microbrewery could be defined as a conditional use rather than <br />a permitted use. <br /> <br /> Ms. Mohr stated more businesses are getting over-managed by the City and felt it wasn't <br />necessary. She felt Council was adding more staff time and work to get a new business <br />established. <br /> <br /> Ms. Michelotti asked if a business were approved as a permitted use, was there a way <br />to rescind it and make it a conditional use. Could Council appeal it? What other discretionary <br />action might take place if something happens? <br /> <br /> Mr. Swift stated the Code could be changed by Council if there are problems with the <br />permitted use conditions. The only recourse for the City as to an applicant with a permitted use <br />is to rely on the conditions that are part of the zoning certificate for the permitted process. One <br />of those conditions allows the Zoning Administrator to modify or add conditions if there are any <br /> <br />09/19/95 -8- <br /> <br /> <br />