HomeMy WebLinkAboutPC RES 4309RESOLUTION 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 Penal 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 he
on the 9th day of February, 2,016, 1
JEHO ON I
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
[Orel 9 roe] as A 0
•
1, ELIZABETH A. BiINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution N�o. 4309 duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 9th day of February, 2016. 1
PLANNING COMMISSIONER AYES: Altowaiji, Kozak, Lombard, Smith, Thompson (5)
a wal j I k, I I kq MIT, I I
! I
:jWAajj'k eXi&fj jyj [ LTA
, III'LIJIgIL 104 a •
ELIZABETH A. BINSACK
Planning Commission Secretary