MO 1985 151-194 10-4-85 to 1-6-86

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• ._ Bruce B. Roberts, Esq. a. • October 16, 1965 • � Paqe 2 . t hearinq to be held on or about November 28, 1985; (b) the earliest Council meeting after written notice is received by you [the City Clerk] from the undersigned [Appellant's attorney] requesting that a hearing be had on this appeal." (Appellant's letter of appeal dated September 4, 1985). 4. No written request has been received by the City from Appellant in accordance with (b), above. 5. Notwithstanding Appellant's request to delay hearing on this appeal in accordance with the above-quoted portion of his letter of appeal, no appeal would lie upon expiration of the ninety-day period set forth in condition No. 9 of the Use Permit because the Use Permit will have terminated by its own terms, unless extended by future action of the Zoning Administrator. 6. Appellant applied for a use permit to allow the operation of both "cabaret and "nightclub" activities at the Subject Property. � 7, The Subject Property is located in the "CG" (General Commercial) Zoning District (Ordinance No. 1130 of the City of Redwood City, as amended [the "Zoning Ordinance"], Sections 15.1 et seq.). Zoning Ordinance Sections 15.4(e) permits, subject first to securing a use permit therefor, "Bars, restaurants,... including the sale of alcoholic beverages.". 8. "Cabaret" is defined as, "...a restaurant serving liquor and providing entertainment (as by singers and - dancers);..." (Webster's New Collegia�e Dictionary, 1973 Ed., page 153). Under such definition entertainment is incidental to the serving of food and beverages. 9. "Nightclub" is defined as. "...a place of entertainment open at night [usuallyJ serving food and liquor, havinq a floor show, and providing music and space for dancing" (id., at page 775). The service of food and drink is incidental to entertainment in a nightclub. 10. Under the designation "restaurant" in Section 15.4(e) of the 2oning Ordinance, cabarets may be operated in the CG Zoning District, sub`ject first to securing a use permit therefor. 11. Section 14.2 of the Zoning Ordinance expressly permits "nightclubs" to be operated in the CB (Central Business) Zoning District without the necessity of obtaining a use permit therefor. The express inclusion of nightclubs as a permitted use in the CB Zoning District impliedly excludes interpretation of the Zoning Ordinance permitting or conditionally permitting such use in other zoning districts which are qoverned by provisions of the Zoning Ordinance not expressly including such desiqnated use.