Common use of Alcoholic Beverage Permits Clause in Contracts

Alcoholic Beverage Permits. 2.6.1 In the event Developer or a business operator proposes a new business or use dispensing for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption, a Conditional Use Permit shall be required pursuant to SMMC Section 9.41, or any successor thereto, except for Restaurants complying with Section 2.6.2 below. No Conditional Use Permit shall be required for catered events for which Developer obtains the permits then required for such events. This Section 2.6 shall survive the Term of this Agreement and shall remain binding on Developer, its successors and assigns, and shall continue in effect for the Life of the Project. 2.6.2 Restaurants which offer alcoholic beverages incidental to meal service shall be exempt from the provisions of Section 9.41 of the Zoning Ordinance, provided that the operator of the Restaurant (or Developer if Developer is the applicant) agrees in writing to comply with all of the criteria and conditions in Exhibit “G” of this Agreement and the Developer shall cause the applicable lease to contain a clause that requires the restaurant tenant to comply with such terms and conditions. Notice of the terms and conditions in Exhibit “G” shall be recorded separately from and concurrently with this Agreement.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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Alcoholic Beverage Permits. 2.6.1 (a) In the event Developer or a business operator proposes a new business or use dispensing for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption, a Conditional Use Permit shall be required pursuant to SMMC Section 9.419.31.040, or any successor thereto, except for Restaurants complying with Section 2.6.2 2.5.4(b) below. No Conditional Use Permit shall be required for catered events for which Developer obtains the permits then required for such events. This Section 2.6 2.5.4 shall survive the Term of this Agreement and shall remain binding on Developer, its successors and assigns, and shall continue in effect for the Life of the Project. Notice of the terms and conditions in Exhibit “I” shall be recorded separately from and concurrently with this Agreement. 2.6.2 (b) Restaurants which offer alcoholic beverages including beer or wine incidental to meal service shall be exempt from the provisions of Section 9.41 9.31.040 of the Zoning Ordinance, provided that the operator of the Restaurant (or Developer if Developer is the applicant) agrees in writing to comply with all of the criteria and conditions in Exhibit “GI” of this Agreement and the Developer shall cause the applicable lease to contain a clause that requires the restaurant tenant to comply with such terms and conditions. Notice of the terms and conditions in Exhibit “G” shall be recorded separately from and concurrently with this Agreement.

Appears in 1 contract

Samples: Development Agreement

Alcoholic Beverage Permits. 2.6.1 (a) In the event Developer or a business operator proposes a new business or use dispensing for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption, a Conditional Use Permit shall be required pursuant to SMMC Section 9.419.31.040, or any successor thereto, except for Restaurants complying with Section 2.6.2 2.5.3(b) below. No Conditional Use Permit shall be required for catered events for which Developer obtains the permits then required for such events. This Section 2.6 2.5.3 shall survive the Term of this Agreement and shall remain binding on Developer, its successors and assigns, and shall continue in effect for the Life of the Project. Notice of the terms and conditions in Exhibit “I” shall be recorded separately from and concurrently with this Agreement. 2.6.2 (b) Restaurants which offer alcoholic beverages including beer or wine incidental to meal service shall be exempt from the provisions of Section 9.41 9.31.040 of the Zoning Ordinance, provided that the operator of the Restaurant (or Developer if Developer is the applicant) agrees in writing to comply with all of the criteria and conditions in Exhibit “GI” of this Agreement and the Developer shall cause the applicable lease to contain a clause that requires the restaurant tenant to comply with such terms and conditions. Notice of the terms and conditions in Exhibit “G” shall be recorded separately from and concurrently with this Agreement.

Appears in 1 contract

Samples: Development Agreement

Alcoholic Beverage Permits. 2.6.1 (a) In the event Developer or a business operator proposes a new business or use dispensing for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption, a Conditional Use Permit shall be required pursuant to SMMC Section 9.419.31.040, or any successor thereto, except for Restaurants complying with Section 2.6.2 2.5.4(b) below. No Conditional Use Permit shall be required for catered events for which Developer obtains the permits then required for such events. This Section 2.6 2.5.5 shall survive the Term of this Agreement and shall remain binding on Developer, its successors and assigns, and shall continue in effect for the Life of the Project. Notice of the terms and conditions in Exhibit “I” shall be recorded separately from and concurrently with this Agreement. 2.6.2 (b) Restaurants which offer alcoholic beverages including beer or wine incidental to meal service shall be exempt from the provisions of SMMC Section 9.41 9.31.040 of the Zoning Ordinance, provided that the operator of the Restaurant (or Developer if Developer is the applicant) agrees in writing to comply with all of the criteria and conditions in Exhibit “GI” of this Agreement and the Developer shall cause the applicable lease to contain a clause that requires the restaurant tenant to comply with such terms and conditions. Notice of the terms and conditions in Exhibit “G” shall be recorded separately from and concurrently with this Agreement.

Appears in 1 contract

Samples: Development Agreement

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Alcoholic Beverage Permits. 2.6.1 In the event Developer or a business operator proposes a new business or use dispensing for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site or off-site consumption, a Conditional Use Permit or Alcohol Exemption Zoning Conformance Permit, as applicable, shall be required pursuant to SMMC Section 9.419.31.040, or any successor thereto, except for Restaurants complying with Section 2.6.2 as provided in Sections 2.6.2-2.6.3 below. No Notwithstanding the foregoing, no Conditional Use Permit or Alcohol Exemption Zoning Conformance Permit shall be required for catered events for which Developer obtains the necessary permits then required for such events. events have been obtained. 2.6.2 Hotel operator (or Developer, if Developer is the applicant) shall be exempt from the provisions of SMMC 9.31.040 with respect to the Licensed Premises as shown in Exhibit “G-1”, provided that the operator of the hotel (or Developer, if Developer is the applicant) agrees in writing to comply with all of the criteria and conditions in Exhibit “G” of this Agreement and the Developer shall cause the Hotel management agreement, if any, to contain a clause that requires the Hotel operator to comply with such terms and conditions. 2.6.3 This Section 2.6 shall survive the Term of this Agreement and shall remain binding on Developer, its successors and assigns, and shall continue in effect for the Life of the Project. 2.6.2 Restaurants which offer alcoholic beverages incidental to meal service shall be exempt from the provisions of Section 9.41 of the Zoning Ordinance, provided that the operator of the Restaurant (or Developer if Developer is the applicant) agrees in writing to comply with all of the criteria and conditions in Exhibit “G” of this Agreement and the Developer shall cause the applicable lease to contain a clause that requires the restaurant tenant to comply with such terms and conditions. Notice of the terms and conditions in Exhibit “G” shall be recorded separately from and concurrently with this Agreement.

Appears in 1 contract

Samples: Development Agreement

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