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 9.30.040, or any successor thereto, except for Restaurants complying with Section 2.6.2 or General Market uses complying with Section 2.6.3. Notwithstanding the foregoing, no Conditional Use Permit shall be required for catered events for which the necessary permits then required for such events have been obtained. 2.6.2 Restaurants, Full Service with or without Outdoor Dining and Seating Areas and Restaurants, Limited-Service and Take-Out with or without Outdoor Dining and Seating Areas which offer alcoholic beverages including beer or wine incidental to meal service shall be exempt from the provisions of SMMC 9.31.040 of the Zoning Ordinance (and 9.04.10.18 of the SMMC), 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-1” 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. 2.6.3 General Markets which sell alcoholic beverages for off-site consumption, and may or may not offer alcoholic beverages including beer or wine incidental to meal service, shall be exempt from the provisions of SMMC 9.31.040 of the Zoning Ordinance (or 9.04.10.18 of the SMMC), provided that the operator of the General Market (or Developer, if Developer is the applicant) agrees in writing to comply with all of the criteria and conditions in E xhibit “G-2” of this Agreement and the Developer shall cause the applicable lease to contain a clause that requires the tenant to comply with such terms and conditions. 2.6.4 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. Notice of the terms and conditions in Exhibit “G” shall be recorded separately from and concurrently with this Agreement

Alcoholic Beverage Permits. 2.6.1 (a) In the event any Developer or a any 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 9.30.0409.04.10.18, or any successor thereto, except for Restaurants complying with the terms and conditions in Section 2.6.2 or General Market uses complying with Section 2.6.32.5.5(b) below. Notwithstanding the foregoing, no any Developer or any business operator may apply for a Conditional Use Permit shall be required for catered events for which the necessary permits then required for such events have been obtained. 2.6.2 Restaurantspursuant to SMMC Section 9.04.10.18, Full Service with or without Outdoor Dining and Seating Areas and Restaurantsany successor thereto, Limited-Service and Take-Out with in order to sell or without Outdoor Dining and Seating Areas which offer alcoholic beverages including beer or wine incidental to meal service shall be exempt from the provisions of SMMC 9.31.040 of the Zoning Ordinance (and 9.04.10.18 of the SMMC), 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-1” 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. 2.6.3 General Markets which sell furnish alcoholic beverages for off-site consumption, and may or may not offer alcoholic beverages including beer or wine incidental to meal service, shall be exempt from the provisions of SMMC 9.31.040 of the Zoning Ordinance (or 9.04.10.18 of the SMMC), provided that the operator of the General Market (or Developer, if Developer is the applicantconsumption on terms other than those set forth in Section 2.5.5(b) agrees in writing to comply with all of the criteria and conditions in E xhibit “G-2” of this Agreement and the Developer shall cause the applicable lease to contain a clause that requires the tenant to comply with such terms and conditions. 2.6.4 below. This Section 2.6 2.5.5 shall survive the expiration of 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 “GK” shall be recorded separately from and concurrently with this Agreement. (b) Restaurants which offer alcoholic beverages including beer, wine, malt beverages, and distilled spirits incidental to meal service shall be exempt from the provisions of Section 9.04.10.18, or any successor thereto, of the Zoning Ordinance if the operator thereof submits a written agreement to the Planning Director agreeing to comply with the terms and conditions set forth in Exhibit “K” and the Developer owning the Building in which any such restaurant is located shall cause the applicable lease to contain a clause that requires the restaurant tenant to comply with such terms and conditions. (c) A Conditional Use Permit pursuant to SMMC Section 9.04.10.18, or any successor thereto, shall be required for any proposed use in the Project which (1) includes the service or sale of alcoholic beverages and (2) does not comply with the conditions set forth in Exhibit “K”. Notwithstanding the foregoing, no Conditional Use Permit shall be required for catered events for which permits then required for such events are obtained.

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 9.30.040, or any successor thereto, except for Restaurants complying with Section 2.6.2 or General Market uses complying with Section 2.6.3. Notwithstanding the foregoing, no Conditional Use Permit shall be required for catered events for which the necessary permits then required for such events have been obtained. 2.6.2 Restaurants, Full Service with or without Outdoor Dining and Seating Areas and Restaurants, Limited-Service and Take-Out with or without Outdoor Dining and Seating Areas which offer alcoholic beverages including beer or wine incidental to meal service shall be exempt from the provisions of SMMC 9.31.040 of the Zoning Ordinance (and 9.04.10.18 of the SMMC), 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-1” 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. 2.6.3 General Markets which sell alcoholic beverages for off-site consumption, and may or may not offer alcoholic beverages including beer or wine incidental to meal service, consumption shall be exempt from the provisions of SMMC 9.31.040 of the Zoning Ordinance (or 9.04.10.18 of the SMMC), provided that the operator of the General Market (or Developer, if Developer is the applicant) agrees in writing to comply with all of the criteria and conditions in E xhibit Exhibit “G-2” of this Agreement and the Developer shall cause the applicable lease to contain a clause that requires the tenant to comply with such terms and conditions. Designated spaces within the General Market qualifying as (a) Restaurants, Full Service with or without Outdoor Dining and Seating Areas or (b) Restaurants, Limited-Service and Take-Out with or without Outdoor Dining and Seating Areas may offer alcoholic beverages for sale and on-site consumption including beer or wine incidental to meal service and be exempt from the provisions of SMMC 9.31.040 of the Zoning Ordinance (and 9.04.10.18 of the SMMC) pursuant to Section 2.6.2 above. 2.6.4 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. Notice of the terms and conditions in Exhibit “G” shall be recorded separately from and concurrently with this Agreement.

Alcoholic Beverage Permits. 2.6.1 (a) In the event that the Developer or a business operator proposes a new business or use dispensing the Theater Operator desires to dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits for on-site consumption in the Theater or off-site consumptionLounge Area, a Conditional Use Permit conditional use permit shall be required pursuant to SMMC Section 9.30.0409.04.10.18, unless the Developer or any successor theretoTheater Operator complies with the terms and conditions in Section 2.6.2(b), except for Restaurants complying with Section 2.6.2 or General Market uses complying with Section 2.6.3below. Notwithstanding the foregoing, no Conditional Use Permit shall be required for catered events for which the necessary permits then required for such events have been obtained. 2.6.2 Restaurants, Full Service with or without Outdoor Dining and Seating Areas and Restaurants, Limited-Service and Take-Out with or without Outdoor Dining and Seating Areas which offer alcoholic beverages including beer or wine incidental to meal service shall be exempt from the provisions of SMMC 9.31.040 of the Zoning Ordinance (and 9.04.10.18 of the SMMC), 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-1” of this Agreement and the Developer shall cause or the applicable lease Theater Operator may apply for a conditional use permit pursuant to contain a clause that requires the restaurant tenant SMMC Section 9.04.10.18 in order to comply with such terms and conditions. 2.6.3 General Markets which sell alcoholic beverages for offon-site consumptionconsumption on terms other than those set forth in Section 2.6.2 (b), and may or may not offer below. (b) The sale of alcoholic beverages including beer or wine beer, wine, malt beverages, and distilled spirits incidental to meal servicethe operation of the Theater, including within the Theater and associated Lounge Area, shall be exempt from the provisions of SMMC 9.31.040 of the Zoning Ordinance (or Section 9.04.10.18 of the SMMC), provided that if the operator of thereof submits a written agreement to the General Market (or Developer, if Developer is the applicant) agrees in writing Planning Director agreeing to comply with all of the criteria terms and conditions set forth in E xhibit Exhibit “G-2” of this Agreement J “, and the Developer shall cause the applicable lease to contain a clause that requires the tenant to comply with such terms and conditions. Notice of these conditions shall be recorded separately from and concurrently with this Agreement. 2.6.4 (c) A conditional use permit pursuant to SMMC Section 9.04.10.18 shall be required for any proposed use in the Project that (1) includes the service or sale of alcoholic beverages, and (2) does not comply with the conditions set forth in Exhibit “J”. Notwithstanding the foregoing, no conditional use permit shall be required for catered events for which permits then required for such events are obtained. This Section 2.6 2.6.2 shall survive the expiration of the Term of this Agreement and shall remain binding on Developer, its successors and assigns, and shall continue in effect for the Life life of the Project. Notice of the terms and conditions in Exhibit “G” shall be recorded separately from and concurrently with this Agreement.