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Home My WebLink About835 Cowan Road - Staff Report, �� • AGENDA ITEM # 7 B MEETINC3 DATE: 4-� 5-96 CITY OF BURLINGAME TO: Honorable Mayor and City Council DATE: April 9, 1996 FROM: City Manager SUBJECT: Amusement Permit--Tuberose Restaurant--835 Cowan RECOMMENDATION: Approve application with conditions. � � . We have received an application for an amusement permit at Tuberose Restaurant 835 Cowan Road. This location currently has an amusement permit and the application is for a new owner. The police have reviewed the application and recommend approval with the following conditions: 1. Admission after 9:00 PM shall be lirnited to adults 21 years or older and all alcoholic beverage control laws shall be strictly enforced. 2. No variance from the permitted entertainment (Karaoke Music Set) shall occur without obtaining an amendment to the permit. 3.. No part of the business shall be subleased without notification to the Police Department and the amusement permit is non-transferable. 4. The permit shall be reviewed in six months. � � �� r. , ..� . Dennis Argyres City Manager c: Police Diana Lu . r•� �-.. TO: � Chief of Polic City Attorney City Clerk FROM: Sgt O. Kruttschnitt SUB7ECT: Applicant: Amusement Permit Application Tuberose Restauranx 835 Cowan Rd Diana Lu 1115 Continental Way #104 Belmont, CA 94002 595-5925 ' �:; -- April 8, 1996 C C "� (�{ �ww .�v.� � ��,1�; Ms Lu has applied for the amusement permit for the purpose of operating a"sing-along Karaoke system." A clisc player (1) with a digital echo amplifier and television monitor. The patrons will have the opportunity to "sing along" with the music. The hours for this entertainment will be daily 21:00 to 02:00 hours. Along with a buffet during the Karaoke, the restaurant offers d.inner. Alcoholic beverage in. the form of beer and wine is served. Ms Lu indicates that there will be no one under the age of 21 allowed between the hours � of 21:00 to 02:00 hrs. The last call for service at this establishment was on 12/28/95 for an abandoned vehicle and tb.e last call for service involving crinlival complaint was on 07/�2/95 for a dishubance. Although this establishment has had a history of problems in the past, the new owner appears to have taken the necessary steps to correct past problems and prevent them from recumng. Regular patrol "bar checks" have been made since the first of the year with no criminal acts noted and the establishment in compliance. 1600 -2400 shift and 2400 - 0800 shift Watch Commanders have expressed no objections to the approval of the permit. ' Recommend approval of the permit with the.following: Admission after 9:00 PM shall be limited to adults 21 years of age or older and all alcoholic beverage control laws shall be strictly enforced. 2. No variance from the permitted entertainment shall occur without obtaining an amendment to the permit. r''� /.•,'.. (' t:~- 3. No part of the business shall be subleased without notification to the Police Department and the amusement permit is non-transferable. 4. The permit shall be reviewed in. six months. , , .. � � n�VC1YCtJ • ` - ' 1in�ame =. _ . �� • The C�ty o�:�;:::3�.= t.4:.�: .. B� u"4"ME nt permit Application . Ma� t 9 f�96 �►museme � ity er s ice • 1 se a• ur game, 1 - :,.: . NAME OF BIJSINESS: �� `'1 � � �"v� �^ � ��'�� STREET ADDRESS; . C� � S4 C' G(.ti,�l�%�J � L7 L3�1 r� i v��'ft� v� C' C.' t� , n�fi � �`y -- MAILING A�DRESS: � S a v� L A� S R b�� —_ '�r�� 9- �j C� � ? C� TELEPHONE NUMBER: ._..( 4' � S 1- " "/� '-� 7 APPLICANT'S FULL NAME: � t A- �`% A L �-< (DWNER OR LOCAL MANAC�A) � S`i'REET AODAESS: I c t C G�..�,-�� n e. ��1 I �.. I��;a •1 -F� r v�. `��L�~��-T � C�-1 �T � � �-1 TE'�EFH�N� NL'MB�R: '� / S � `T S` � �"( �.� PREVI�US ADDRESS (IF LESS THAN ONE YEAR): � ,�_S', IATE OF BIRTH - & -,� - i t- 6 .� r 6 � PROPERT( OWNER'S FULL NAME [IF DIFFERENT� x�� `/ �� N C� . AODRESS: �� C C� A 2� le a� ' �:.'1 Y i v� Q�� r1� (� C�- TELEPHONE NUMBER: x ��-+� � As property owner, I know about the propased amusement, and hereby authorize the above applicant to submit this applicalion. � � �c 3 /� � �� PRIMARY TYPE OF BUSINESS: � �S�AUl�'R�� T _ � � . o ,a OF AMUSEMENT DEVICES, NIJMBER� AND TYPE: � �.� t�n �s � c l. a RESTRICTIONS ON USE, A6E, HOURS: �'�'��' �' � r�-.rr"-P M �`� b�'. � ENTERTAINMENT (BRIEF DESCRIPTION): .n_., c� �o�c � �Fl, ,I�cv DESCRIBE ANY OTHER RESTRICTIONS AND SECURfTY MEASURES: Attach a letter further describing details of your business and the proposed amusemen� Return this completed farm with $100 check, payable to City of uNingame, for application fee to the C"ity Clerk �You will be notified when the appiication is on the C'�ty Councii agenda. . . .. ,,., �jr1�q6 . . � CITV �� . �T BURLINGAME �,-��.:;�� STAFF REPORT �,.. TO: HI�l�TC1RART,F. MAVC)R AI�TT� CTTY C'QLTNCTT, SUE BY DATE: Nnvr�mhPr %� , 1 ��3 "� AP FROM: r'TTY ATTIIR.DI.F.v BY �2 ' � ��-� AGENDA ITEM # � �Z-��`� ��e SUBJECT: Amusement Permit - Tuberose Restaurant RECOMMENDATION: Review and approve or deny application. BACKGROUND: We have received an application for an amusement permit from the new operator of Tuberose Restaurant at 835 Cowan Road. This ^_ location originated �s a delicatessen in 1963 and has evolved into a restaurant. The special permit in 1963 was quite general and contained no restrictions on hours or type of food service. It does not appear that the size of the facility has increased over the years; it seats 47 people. The application requests a permit for karaoke entertainment. The application is unclear as to the hours requested; the applicant has informed me that he wishes this music from 9:00 p.m. to 12:00 p. m. The Police Department does not anticipate any problem with the request. The Planning Department raised a number of questions in their memorandum of November 9, 1993, and that is why this matter was continued for further information. At my request the applicant performed a parking survey and submitted his letter of November 24, 1993. He also submitted pictures of the area showing considerable street and site parking in the evenings. (The pictures are dark and do not copy well; I have them available if you wish to review them.) It appears that there is adequate parking and that this business will not disturb others in the vicinity. On the other hand, this has become a destination restaurant in the middle of an light industrial area. If it were a new business it would require a special permit under the proposed 0-M Zone. You should consider if you wish to enlarge upon this current non-conforming use. It is my recommendation that if the permit is approved the hours be limited to 9:00 p.m. to 12:00 a.m. The permit would be reviewed automatically in June, at the time of our annual review of all permits. cc: Police Department Planning Department Tuberose Restaurant ""T�. 12/6/93 DATE �,(�(�,�' L1'1'Y CLERK' S OFFICE {�"' Sl'�V, CITY OF BURLINGAME, 501 PRIMROSE ROAD, BURLINGAME 94010 � 342-8931 APPLICATION FOR AMUSEMENT P�RMIT N� oF � us z.�E s s: �U,��UsE ��sT�U�,�iV7- STREET ADDRESS: �,j�� li✓%�/(% �O/�l� , MAILI•NG ADDRESS : �-3� �DG�I,�n/ �a! BU�L/N��i`��, � ��ll% TELEPHONE NUMBER: �� 69� -'�3.2� APPLICANT FULL NAME : ,�D/l/j�L,� (Owner or loca� �,ys�,� � manager S TREE T ADDRE S S: o p� S�/�y,y�T RQ! �S,g�/ ,��U�t/D , TELEPHONE NUMBER : <�j�$`'> ��" rJ �/I C 9�v �� RECEIVED p�VIOUS ADDRESS IF LESS THAN ONE YEAR: O CT 2 5 �993 DATE OF BIRTH : ..�L/l,�(/�� CRypFBUR�IKGMk� SOCIAL SECURITY NUMBER: 5��7'� �..?�� DRIVERS LICENSE NUMBER: �% �/!'9��7� PRIMARY TYPE OF BUSINESS: , HOURS OF OPERATION: �d � OQ �/L% «/ � - Qd �/%, PARKING SPACES ON SITE: AMUSEMENT DEVICES , NUMBER AND TYPES :_ ��j!s�%��/�� /��%'�� — L I/-3oo�7; �/�� 4r�'l,c�L/�i�'i�' — !�4 --X l RESTRICTIONS ON USE, AGE, HOURS : ��=Qp�./y ��w�� ENTERTAINMENT, BRIEF DESCRIPTION: � �l/�C� ��L�/V� RESTRICTIONS: DESCRIBE ANY OTHER RESTRICTIONS AND SECURITY MEASURES: s You are encouraged to write a letter further describing details of your business. Return this completed form with 51.�,0 check for application fee to the City Clerk. You will be notified when the application�is on the City Council agenda. DATE : l �a �/�,� � -t--=�� S ture of applicant � . �nl • C`2.n� _ �.� Q l ��. BURLINGAME POLICE DEPARTMENT INTER OFFICE MEMORANDUM T0: CHIEF PALMER FROM: SERGEANT TO 1 RE: AMUSEMENT PERMIT DATE: 11-4-93 � / TUBEROSE RESTAURANT �m�'3 ��13 ,�1 �� THE TUBEROSE RESTAURANT AT 835 COWAN HAS REQUESTED AN AMUSEMENT PERMIT FOR A KARAOKE MACHINE. THE MACHINE WILL ALLOW PATRONS TO GET UP AND SING TO MUSIC OF THEIR CHOICE. I TALKED TO DONALD HSIAO, THE OWNER OF THE TUBEROSE. HSIAO TOLD ME THE RESTAURANT SERVES CHINESE FOOD, AND SEATS 47 PEOPLE. THE AVERAGE AGE OF PATRONS IS APPROX. 40 YRS. I RAN THE CALL HISTORY FOR 835 COWAN. THERE HAVE BEEN NO HAZARDOUS CALLS AT THE LOCATION. THE BUILDING HAS BEEN BURGLARIZED TWICE, THERE ARE NO SUSPECTS. � � � THERE ARE NO RESIDENCES IN THE AREA THAT WOULD BE AFFECTED BY THE KARAOKE MACHINE: � . ' KARAOKE MACHINES HAVE BEEN PUT IN PLACE ALL OVER BURLINGAME, AND THERE HAS BEEN NO TROUBLE ASSOCIATED WITH THEM. THE EMPRESS COURT RESTAURANT, AT 433 AIRPORT BLVD., HAD TROUBLE WITH ORIENTAL GANGS OUT OF THE CITY VICTIMIZING THEIR PATRONS THAT CAME IN TO USE THE ' KARAOKE MACHINE. THE AMUSEMENT PERMIT FOR THE EMPRESS COURT WAS EVENTUALLY REVOKED. THE TUBEROSE IS ALSO A CHINESE RESTAURANT. I TOLD MR. HSIAO ABOUT THE PROBLEMS AT THE EMPRESS COURT, AND ASKED HIM HOW HE WOULD COMBAT THE�PROBLEM IF THEY BEGAN IN HIS ESTABLISHMENT. HSIAO SAID HE WOULD IMMEDIATELY TAKE OUT THE KARAOKE MACHINE. CC: COMMANDER VAN ETTEN M November 9, 1993 MEMO TO: CITY ATTORNEY FROM: CITY PLANNER SUBJECT: REQUEST FOR AN AMUSEMENT PERMIT FOR AMPLIFIED MUSIC AND SING-A-LONG AT THE TUBERROSE RESTAURANT, 835 COWAN ROAD, ZONED M-1. The applicant, the operator of the Tuberrose Restaurant, is requesting an amusement permit to have amplified music between 7z00 pm and 2:00 am daily. The business is open from 10:00 am to 2:00 am. The application submitted implies that the amplif ied music will occur after 7:00 pm to the 2:00 am closing time. Our records show that this deli got a special permit as a sandwich shop to serve the surrounding buildings in 1963. There were no conditions on the action. However, the applicant for the use permit noted in his correspondence and testimony before the commission in 1963 that: "the shop will mainly serve people working in the surrounding office and warehouse buildings��, the shop would accommodate approximately 50 persons, and food will be prepared for those who wish to take it out. The use of this site apparently evolved to a coffee shop by 1976. By 1978 it was called a restaurant by its then operator. The use permit has not been amended since its approval in 1963. It is important to note that this business is one of several in this multi-tenant building. Other tenants include the Bell and Howell Co., Business Communications, Touch Tel Paging, and Paging Systems Inc. Given the fact that this is a multi-tenant site, that a destination restaurant use might not be compatible with adjacent heavy commercial and light industrial uses, and that the original intent of this use was to serve those people already employed in the area, not as a destination restaurant; several conditions might be considered for this application: 1. that the use of the amplified music be limited to the hours outside of those when the other tenants of the building are open for business and the applicant shall submit a listing of these hours to the City Attorney so that he can determine the hours within which the amplified music can be used; � 2. that the applicant shall undertake a regular survey (three days a month) of the occupancy rate of off-street parking on the site and the on street parking on both sides of the street for that block during the after business hours when the amplified music is being used; and 3. that this entertainment permit shall be reviewed in June 1994 along with the submitted 'survey data and any complaints about the impacts of the activity on the adjacent businesses in the light industrial zone. �r�u'�� un � rgaret Monroe , � Novem ber 24, 1993 Mr.Jerome F. Coleman' City Attarney City Of Burlingame 501 Prim rase Road Buriingame, California 94014 RE: Tuberose Restaurant 83� Cowan Road Amusement Permit Karaoke MusiclSing-Along Dear Mr. Coleman: Here is the information you asked for in your letter of 11l10/93. (1) We began our business at the present address August Z7, 1993 under a four year lease with an option to renew far another five years. We da not know what sorts of operation were here in 19s3, the date you mentioned in your letter. When we began August 27, 1993 the business was a sort of Deli where people chose their foad cafeteria style and toak it to their table or took it with them. The business has not been expanded that we know of. (2) I prepared a map of the area that shows our business and those around us and it is submitted with this letter. As you said, it is an industrial area and the other businesses open at 9:a0 a.m. and close at 5:00 p.m. (3) There appears to be more than enough parking for all the businesses every day from 9:0� a.m: to 5:aa p.m. After those hours in the evening there is parking immediately behind our business in the rear parking lot for at least 40-A�5 cars and additional parking in the back lots that are not used by any other businesses. In these e�ening hours there is parking on both sides of the street that should allaw much more parking because the . � . businesses are closed and this is as you say an industrial area. My survey of parking was done fram Navember 12, 1993 through November 22, 1993 and I am submitting photographs of the area ( during daytime and e�ening ) for your further information. We have not operated as full scale restaurant in the evenings. The 20 tables we use for our business has not increased that number since. we taok o�er the existing " Bay Side restaurant " and could �serve 60-78 people. Sincerely yaurs �� -�J��----_--�--� � � ��f . Donald Hsiao Chi Wu � .-- � 0 L D B A Y H 0 E H u Y DOLLARS RENTAL CAR PARKING LOT * TUBEROSE RESTAURANT * * 40 PARKING SpACES * * * * � * * * * * * * * � BELL HOWELL 819 � COHAN ROAD � � T BELL BEROSE HOWELL �RE AURANT 821 827 829 � 835 -� ---, -�► ---► f PARKAING * � *4� A LOT *� �� * � * BIG EGO 1 2 3 4 5 1 2 3 4 5 INDEPENDENT AVIS N�uSPAPER RENTAL CAR � GROUP INC, , PARKING LOT 845 ON STREET PARKING 11/24/1993 DONALD HSIAO WESTIN HOTEL 0 S E W N y � � �_ �'_ � � 3 x c� N x W a O x � � � � A a 0 � � E �.. . HJ � �/v � �.iberose Rest. 835 - _ = -- -- . .. _ � . := . .'. - - • - .- - � :_- -� .: _ -- - � - - - Rros. Industria Equipment Bell and Hawell Vacant 819 821 827 829 GYass . Sidewalk C O W A N R O A D Sidewalk� • V1CL.`�.S ' �f�1G� Bldg. Independ�ent Newspaper _ �uP -parkinq Vacantj Vacant Big Ego 845 - - -- - - -- -----_ _ _ ' � _ � � 4 L.a � AvisCar Rentals Car StorageLots �_�� -. : G _iM� �. i� +�i-.'_" `, �.�r-'