HomeMy WebLinkAboutBuy Gum Free Fun Inc. Denial LetterC0111M,Llt1itV Development L)epaftnicnit
Todd H, lger
TUSTIN
MALLANG OUR FU]JJRF
HONOMNG 01JR PASI
SUBJECT- APPEAL OF DENIAL OF BUSINESS LICENSE APPLICATION — BUY GUM
FREE; �FUN, INC.
EMMEM
The Planning Commission, at a regular meeting on February 9, 2016, denied the subject appeal,
The appellant, or any other interested party, may appeal any action of the Planning Commission
regarding any action, or any condition imposed, to the City Council by filing a written notice and
paying applicable fees, as established by resolution, to the Community Development Department
within ten (10) calendar days of the Planning Commission's action (Tustin City Code Section
9294a).
The executeid copy oif Planning Commission Resolution No. 4309 is attached for your records.
Should you have any questions about the Planning Commission's action, please do not hesitate to
contact me,
Sincerely,
Elizabeth A. Binsac:k
Soapy Lee Coin Laundry, 17292 McFadden Ave., Suite H & 1, Tustin, CA 92780
Matt West, Acting Finance Director
Lois Bobak, Assistant City Attorney
Michael Daudt, Deputy City Attorney
Julie Interrante, Customer Service Supervisor
Enc-. Resolution No, 4309
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RESOLUTION NO. 4309
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN
UPHOLDING THE DENIAL OF THE BUY GUM FREE FUN INC., BUSINESS
LICENSE APPLICATION FOR A VENDING MACHINE INSIDE SOAPY LEE
COIN LAUNDRY LOCATED AT 17292 MCFADDEN AVE SUITE H & I.
The Planning Commission of the City of Tustin does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That on October 23, 2015, Mr. Todd Iger, on behalf of Buy Gum Free Fun
Inc., ("Appellant") submitted a business license application for a vending
machine inside Soapy Lee Coin Laundry located at 17292 McFadden Ave
Suite H & I, Tustin, CA 92780;
B. That on December 11, 2015, the City Attorney's Office notified the Appellant
in writing of the City's determination that the coin pusher machine, subject to
the application, is an illegal gambling device prohibited by state law
(California Pena[ Code §§ 330(a), 330b and 330.1), and that on this basis the
Director of Finance was unable to issue the requested business license;
C. That on December 18, 2015, Appellant appealed the denial of the Buy Gum
Free Fun Inc. business license application;
D. That a public hearing on the matter was duly called, noticed, and held for said
appeal on February 9, 2016, by the Planning Commission;
E. That the Planning Commission has carefully reviewed and considered all of
the evidence presented in connection with the appeal, including, but not
limited to, the agenda report, and all written and oral testimony presented;
and
F. That the Planning Commission determines, based on the foregoing, that the
Buy Gum Free Fun Inc. machine is an illegal gambling device prohibited by
state law (California Penal Code §§ 330(a), 330b and 330.1), and that the
denial of the Buy Gum Free Fun Inc. business license application was proper.
II. The Planning Commission hereby upholds the denial of the Buy Gum Free Fun
Inc. business license application for the vending machine located at 17292
McFadden Ave. Suite H & I, Tustin, California.
1
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held
on the 9th day of February, 2016,
JE O �P'qHOIM PtON I
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am! the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 4309 duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 9th day of February, 2016.
ELIZABETH A, BIN SACK
Planning Commission Secretary
Altowaij:L, Kozak, Lumbard, Smith, Thompson (5)