AGENDA CAPTION:
Title
CUP-26-40 (Hat Creek Burger Co) Hold a public hearing and consider a request by Drew Gressett, on behalf of Hat Creek Burger Co, for amendment of a Conditional Use Permit to allow on premise consumption of Mixed Beverages, located at 4206 S IH 35. (K. Buck)
Body
Meeting date: August 11, 2026
Department: Planning and Development Services
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Background Information:
The applicant is requesting to amend their existing beer & wine permit to allow the on-premise consumption of mixed beverages.
Entertainment facilities at Hat Creek Burger Company include four mounted television sets, two of which are located in the restaurant’s lobby and two on the patio.
Senate Bill 1008 provides provisions on the city’s ability to prohibit amplified sound at a restaurant. Per this bill and staff’s analysis, the City can enforce the existing noise ordinance and restricted conditions related to noise added to this CUP.
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Recommendation:
Staff recommends approval with the following conditions:
1. The permit shall be valid for three (3) years, and shall expire on August 11, 2029, provided standards are met;
2. The business shall be responsible for the subject property and the abutting right- of way, excluding the public street or alley pavement, within 50 feet of any entrance and exit in a clean and sanitary condition, free from litter and refuse at all times. The maintenance responsibilities shall not overlap with another alcohol CUP Holder’s maintenance area. (LDC Section 5.1.5.5.E.2.c);
3. The number of people occupying the building is required to remain compliant with the fire code, to include ensuring that occupant loads stay at or below posted levels; and
4. The permit shall be posted in the same area and manner as the Certificate of Occupancy.