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<br />() <br /> <br />() <br /> <br />4. That the servinl' of liquor may generate unruly customers <br />on the premise:-; ,Ino in 1he immediate neighborhood of the <br />premisef ( Emphasis Supplied); <br /> <br />This Finding is admi1tedlY sre(~ulative on its face. The "high- <br />-- ---'- <br /> <br />style" rt;staurant propllsen and police in\~stJ~'ation by New <br /> <br />B rightol1 Pol; ,.t' Department Hupport the cont!'8 ry. The police <br /> <br />in\'pstigaticlT1 ~;uggests Plaintiff would operate the business in <br /> <br />a n~SI)('nsible manner and free of unruly customers. <br /> <br />;1. Thc..1 the serving of liquor would lengthen hours of operation <br />oj t'\{' restaurant and this would have a deleterious effect on <br />ad,jal'cnt I'esidences; <br /> <br />Finrling ~ml1her five is also patently without foundation. Thp <br /> <br />I 'il;.' of Nf'w BI'i~hton has eating establishments such as the <br /> <br />, " l' ,. <br />~_~ restaurants open a1 mght . <br /> <br />The liquor license would <br /> <br />10 1 he contr'ar:,' restrict the hours of business to 1 :00 0 'clock A. 1\1. <br /> <br />1,'. That the tYlw and charactel' of traffic in the area would change <br />dlh 111 the sprdng of liquor by creating more late evening <br />traffi(; C'reatin.!2. nuisances of noise and lights (Emphasis <br />"'1:pI'Upd '; <br /> <br />1- ;ndinl.'. nt:~ ner sh I~onstitutes a misrepresentation and not <br /> <br />l)a~pd on F ;.\('1. Ingn:ss and Egress would be situated on <br /> <br />\1 J.;;si ssi ppi S1 n'et SO\ith of the proposed restaurant. The restau- <br /> <br />rant would face southerly. The claim of nuisance from noise is <br /> <br />without basis and a l~onclusion. Any noise that may exist wpuld <br /> <br />lw insi;.!nifieant in view of shopping center activity and headly <br /> <br />tI'a\elled Siher Lake Road nearby. Again. the police inves' <br /> <br />1i~ation dof'~ :"upport a reasonable inference that the restal1 rant <br /> <br />,vuuld be properl;. operated and nuisance free. <br /> <br />'i. That the City maintains and operates a park on the northeast <br />(~orm'r of Sil ver Lake Road and Mississippi Street and. Irondale <br />IIj~h School is located northeast of the subject property. <br /> <br />The City Park is a wilderness area which exists on its original <br /> <br />heavily wooded state and described as a ''Passi\'e Park Area ". <br /> <br />The findings erroneously suggests a conventional park utilized <br /> <br />by chilch'en. The park is not an- area significantly frequented by <br /> <br />-5- <br />