HomeMy WebLinkAboutCAR 03-02; Better Buzz Coffee; Carts and Kiosks (CAR)Project Address:
Project Name:
Date Submitted:
Owner Name:
Owner Address:
Applicant Name:
City of Carlsbad
FOOD CARTS AND KIOSKS
Information Sheet
Project Planner:
1635 Faraday Avenue Carlsbad, CA 92008-731 4 - (760) 602-4600 - FAX (760) 602-8559 @
PROCEDURES
1. Apply for a Business License at one of our cashier stations, and they will route your
request to the appropriate City Departments.
2. Complete the attached information sheet; and submit a letter and simple plot plan to
the Planning Department at 1635 Faraday Avenue, Carlsbad. Your letter and plot
plan should contain the information specified below under Submittal Requirements.
-- - 3. Generally within seven days af receipt OfyuurMeT, staff will notify you of the
decision to approve or deny your request. It may be possible to approve your
request immediately.
4. Upon approval, Planning Department staff will sign off your business license
application when we receive it from the Finance Department. If applicable, you
should also submit applications for electrical or other required permits to the Building
Department. You may also be required to obtain a permit from the Health
Department.
SUBMITTAL REQUIREMENTS
Your letter and plan should include the following information:
1. The proposed location of the cart, customer area, proposed utility hookups, existing
buildings on the site, parking areas, and vehicle and pedestrian circulation.
2. Photographs of the site showing the proposed location of the cart.
3. Photographs, brochures, andlor elevation drawings of the proposed cart, including
proposed colors, awnings and signs.
4. A description of the proposed products and type of preparation done at the
pushcart. The signature of the property owner(s) or Rroperty manager (for shopping
centers) must be included on the plans or in a separate letter as proof of permission
to operate and approval of proposed location.
H:Mdmin\CounteACart Info Sheet
.
Revised 2-23-00
* J
GUIDELINES FOR FOOD CARTS & KIOSKS
1.
2.
3.
4.
The following design guidelines apply to all requests to establish a food cart or kiosk for
specialized food sales. These criteria and the procedures outlined below are applicable
to requests for food carts or kiosks in the C-I, C-2, C-T, P-M, M and C-M zones.
Proposals in the Village are subject to the requirements of the Redevelopment Master
Plan. Food carts located within buildings are exempt from these guidelines.
DESIGN GUIDELINES
Carts and kiosks will be permitted as an accessory use to an existing principal use
on the property and will not require an amendment to existing discretionary
approvals.
Carts and kiosks may be used for the incidental sale of packaged food and
beverages only. No on-site preparation of food is allowed. The sale of alcoholic
beverages is prohibited.
The applicant shall submit a letter of permission from the submit property owner
authorizing the location and operation of the proposed cart or kiosk.
Carts and kiosks shall not function as drive-thru businesses and shall not be located
in areas that:
5.
a. Reduce the number of required parking spaces;
b. Interfere with vehicle or pedestrian circulation;
c. Present a traffic hazard;
d. Result in the removal of mature landscaping (unless additional landscaping area
is provided elsewhere); or
e. Are closer than 50 feet from any public street right-of-way.
Signs (if any) shall be attached to the cart and shall not exceed a cumulative total of
9 square feet in area (including canopy, awning, and umbrella signs, etc. but not
including small menu signs). No one sign shall exceed a maximum size of 6 square
feet. The size of the signs shall be in scale with the size and mass of the cart. No
off-site advertising or signage shall be permitted.
H:Mdmin\CounteACart Info Sheet Revised 2-23-00
CITY OF CARLSBAD PLANNING DEPARTMENT
FOOD CARTS AND KIOSK
5542 Fermi court, Carlsbad, Ca 92009 Project address:
Project name: The Buzz
Date Submitted: July 11,2003
Owner Address:
Applicant Name: Tim Langdon
Project planner:
889 Ginger Ave, Carlsbad, Ca 92009
Locat ion:
Better Buzz Coffee will be located at 5543 Fermi Court, Carlsbad, Ca 92009. The
complete cart business including canopy will occupy a 9’X9’ square foot area. The
canopy will be constructed of a Sunbrella canvas material and will feature four zip down
security curtains in order to insure sanitation and reduce theft. The color of the canopy
will be Fern Green. The business is located in the common area of Fairway Corporate
Center and is more than 50 feet fiom both buildings. The location in no way effects
vehicle and pedestrian circulation and does not reduce parking at all.
Customer Area:
The customer area will be directly in fiont of the cart on a designated concrete slab that
was specifically designed for an espresso cart vending operation.
Utilities:
A designated 220 V60 amp twist lock electrical outlet is located within 5 feet fiom the
espresso cart operation and is designated for the espresso cart operation.
Coffees:
All coffees will come packaged in 5i.b. cellophane bags, containing whole beans. All
coffees will be stored in the original containers at least six inches off of the ground and
protected fiom any liquids or inclement weather. Upon orders, grounds are dispensed
directly fiom a coffee grinder into a basket and placed directly into a Bunn CWTFl5 air
pot brewer. Grinds used for the espresso machine are transferred directly fiom a Rio
Super Jolly Grinder directly into a portafilter. The grinds are then tamped for perfection
purposes and clamped into a Rio 2 Group Compact espresso machine. Hot water of 195
degrees Fahrenheit is forced through the espresso grounds directly into a shot glass. The
shot glasses will be rinsed and sanitized several times a day. The paper cup is removed
fiom a health department approved stainless steel cup dispenser mounted directly to the
service side of the espresso cart. The espresso is then poured directly into a paper cup.
Spent ground will be placed in a stainless steel dump box. The dump box grounds will be
disposed of several times a day into a trash can. All coffee will be sold to go, in single
serve disposable cups.
Steamed milk:
Steamed milk will be used in many of the espresso drinks. Milk will be delivered fiesh on
site and stored in the on site NSF approved refrigerator at 40 degrees Fahrenheit or lower,
Upon order, the required amount of milk will be poured fiom the original milk container
into a stainless steel steaming pitcher. The container of milk is then returned to the
refiigerator. The milk in the pitcher is heated to 160 degrees Fahrenheit using the
steaming wand located on the espresso machine and poured directly into a cup. The
steaming pitcher, along with any residual milk, is then immediately returned to the
refiigerator. The nozzle of the steaming attachment is immediately whipped with a cloth
that has been dipped in sanitizing solution. The steaming wand cloth is used only for this
purpose and is replaced throughout the day.
Cold drinks:
P
Milk for blended and iced drinks will be delivered fiesh on site and stored in the on site
refiigerator Fahrenheit or lower. Upon order the required amount of milk will be poured
fiom the original container directly into the cup or blender with the flavoring and mixes.
The ice will be scooped fiom an ice been and placed directly into the blender or cup. The
milk will be poured directly The blender will then be rinsed and sanitized. All blended
and ice drinks will be made according to company procedures.
Flavored Syrups:
Some menu items involve the addition of flavored syrups. In such cases the flavored
syrup will be poured directly from the original container (25-oz. glass bottle) into the
single service cup.
Condiments:
Condiments consist of cinnamon, chocolate powder, vanilla powder and chocolate flavor
powder and will be dispensed fiom shaker type canisters. Sugar and sugar substitutes will
be served in disposable paper packets. Creamer will be served in NSF approved carafes.
Paper products:
All paper products will be stored in a dispensers, napkins and straws will be stored in
designated dispensers.
Pastries:
All pastry products will be displayed in a Plexiglass display case, protected fiom
contamination and served individually using wax paper squares to avoid contact with the
server’s hand. All pastries will be delivered on a daily bases and left over pastries will be
disposed of. The plexiglass display case will be sanitized daily during closing procedures.
Operational procedures
Opening:
Prior to opening cart operators will perform the fallowing steps.
1. Prepare sanitizing solution in a one gallon plastic bucket using chlorine bleach
and hot water in a ratio of one teaspoon bleach to one gallon of water to be used
during operation.
2. Milk will be delivered every day, via the delivery company or the grocery store to
a sanitized ice chest for delivery to the operational espresso cart. After the cart has
been plugged in and the on site refiigerator has reached a temperature of less than
40 degrees Fahrenheit, the milk will be transferred fiom the ice chest to the cart
refiigerator.
3. Transfer fiom storage area adequate supplies of other items such as, cups, coffee
beans, powders and syrups.
4. Fill water supply canisters with fiesh water fiom an approved water source.
Total expected set up time is 30 minutes.
Mid procedures:
During operation, all surfaces will be wiped down with a clothes dipped in sanitizing
solution. An adequate supply of pre sanitized materials will be kept in large zip-lock
plastic bags to facilitate fiequent turnover of sanitized towels. Cart operators will be
required to wash their hands every hour. I hand sink with hot running water, hand soap,
and paper towels will be provided on the cart and at the commissary. All milk products
will be stored in the cart refiigerator at 40 degrees Fahrenheit or lower. An adequate
supply of washed and sanitized milk steaming pitchers (3) will be used so as to allow for
replacement of used pitchers every three hours.
Closing and clean up steps:
Transfer milk from the cart refiigerator to ice chest for transfer to commissary. Any
original milk fiom steaming pitchers will be disposed of. Disconnect cart fiom power
supply and completely clean and sanitize cart.
Upon arrival to commissary:
1.
2.
3.
4.
5.
6.
Transfer milk fiom ice chest to commissary refiigerator.
Empty coffee dump box into trash can. Empty trash can into dumpster and rinse
Empty waste water into mop sink.
Prepare hot soapy water into the fist sink compartment. Fill the second
compartment with sanitizing solution (114 cup bleach per gallon of hot water). Fill
the third compartment with hot rinse water. Thoroughly wash rinse and sanitize
all utensils, including milk and steaming pitchers. Air dry all utensils on a rack or
sink drain board.
Completely wipe down cart swfaces and all equipment with a cloth dipped in
sanitizing solution.
Mop commissary floor and dispose of mop water in mop sink.
Can.
Business hours:
6:OO a.m. to 2:OOp.m. Monday through Friday
Time at Commissary:
?4 hour prior to opening and % hour after closing
NO CHANGES MAY BE MADE WITHOUT PRTOR HEALTH DEPARTMENT
APPROVAL.
BLENDEDDCED COFFEE ...................................................................... 1~2
Mocha Buzz, ice. mocha blend, nonfat milk ............................................................................................. $3.25
Vanilla Buzz, ice, vanilla blend, Ron fat milk ............................................................................................. $3.25
Caramel Buzz, ice, vanilla blend, nonfat milk, caramel .......................................................................... $3.75
Mint Mocha Buzz, ice, mocha blend, nonfat milk, mint extract .................................................................... $3.75 Blended Chocolate Bean Buzz, ice, vanilla blend. nonfat milk, chocolate covered espresso beans ........... .$ 4.25
SPECIALTY ESPRESSO DRINKS .............................................................. 1602
Mocha Latte Buzz, mocha blend. nonfat milk, espresso .............................................................................. .$ 3.25
Vanilla Latte Buzz, vanilla blend, nonfat milk, espresso ............................................................................. $3.25
Caramel Latte Buzz, vanilla blend, nonfat milk, espresso .......................................................................... .$ 3.50
Mint Mocha Buzz, mocha blend, nonfat milk, .............................. $3.50 .............................. $2.75
Latte Buzz, whole milk, espresso, creamy foam ............................... $2.75
Cappuccino Buzz, whole milk, foam, espresso ............................................................................................. $2.75
Espresso, ................................................................................................................................................ $1.25
Killer Bee Buzz, house blend coflee. espresso ..........
DAILY BREWS ................................................................................................. 1602
2Ooz
Traditional B. .................................................................................................................................... $ 1.50
Flavored Buzz, ........................................................................................................................................ $ 1.50
Decaf Non Buzz, ................................................................................................................................... $1.50
2402
$3.95
$3.95
$4.50
$4.50
$4.95
2002
$3.75
$3.75
$4.25.
$4.25
$3.25
$3.25
$3.25
$1.75
2002
$I .75
$1.75
$1 . 75
BAKERY GOODS ..................................................................................................... One Size
Bagels with light cream cheese,plain,blueberry, everything, apple cinnamon ............................................................ $1 . 75
Muffins, blueberry, banana nut, apple cinnamon, , chocolate ....................................................................................... $1.75 Tiger bars , ....................................................................................................................................................................... $I . 25
Plain bagel. onion. blueberry. everything. apple cinnamon ............................................................................................ 31.25
LICENSE AGREEMENT
A-J
This License Agreement (“Agreement”) is made this eday of June, 2003, by and between
DEI, LLC, a California limited liability company (“Licensor”) and TIM LANGDON, an individual
d/b/a Better Buzz Coffee Company (“Licensee”). Licensor and Licensee agree as follows:
AGREEMENT
1. Premises Licensed. Licensor hereby licenses to Licensee and Licensee hereby
accepts for occupancy fiom Licensor the area designated on the plan attached hereto has Exhibit “A”
(“Premises”), and located in office building complex (“Complex”) commonly known as Fairway
Corporate Plaza, being approximately 11 feet by 13 feet, subject, however, to the terms and
conditions of this Agreement and rules and regulations for the use of the Premises as prescribed
from time to time by Licensor.
2. m. The term of Licensee’s license shall commence at July 1,2003, and expire on
June 30,2005 (“m). If Licensee shall hold over after the expiration of the Term with Licensor’s
consent, such holding over shall constitute a license from day to day, terminable on 24 hours notice
fiom either Licensor or Licensee under the same terms as provided in this Agreement.
The party initially named as “Licensee” under this Agreement but not any successor or
assignee of such party, shall have one (1) option to extend (the “Extension Option’y the Term of
this Agreement for a period of one (1) year (the “Extension Term”). The Extension Option must
be exercised, if at all, by written notice (“Option Notice”) delivered by Licensee to Licensor not
later than three (3) months nor earlier than six (6) months prior to the end of the initial Term.
Licensee shall have no right to extend or extend the Term of this Agreement except as set forth
herein. The Extension Option shall not be deemed to be properly exercised if as of the date of
exercise by Licensee or at the end of the initial Term, Licensee is in default under this
Agreement, has assigned all or any portion of this Agreement or its interest therein or has sublet
all or any portion of the Premises. Provided Licensee has properly and timely exercised the
Extension Option, the License Fee (defined below) payable by Licensee during the Extension
Term shall be Fifty Dollars ($50.00) per month.
3.
five Dollars
Dollars ($50
License Fee. Licensee shall pay Licensor, a monthly fee (“License Fee”) of Seventy-
($75.00) per month for months one (1) through twelve (12) of the Term and Fifty
.00) per month for months thirteen (13) through twentyfour (24) of the Term. Licensee
shall pay the License Fee to Licensor at the address set forth below, or at such other place, as
Licensor shall designate. The License Fee shall be paid in advance on the first day of each month,
without deduction, offset, prior notice or demand. Licensee shall pay the first installment of the
License Fee to Licensor concurrently with Licensee’s execution of this Agreement. The License Fee
for any period during the Term, which is for less than one (1) month, shall be a pro rata portion of
the monthly installment determined on the basis of a thnty (30) day month. The License Fee shall
be paid in lawll money of the United States of America.
Page 1 of 5
Better Buzz License Agreemat 060303 Final.& Created on 6/3/03 1 : I 8 PM
4. Improvements. Licensor shall have no obligation to improve the Premises except as
follows: (i) provide 22OV prong with female twist lock receptacle with a minimum of 80-100 amp
service to the Premises ; (ii) provide a level finished concrete slab approximately I I feet x 13 feet, in
the area depicted on Exhibit “A”, which the parties agree shall be generally located on the lower
level of the Complex west of the cul-de-sac and east of the existing parking lot. Licensee must make
all necessary provisions to safe guard the public from any and all power cords, fixtures, or apparatus,
including, without limitation, all provisions specified by Licensor’s Complex manager.
5. Use of Premises. Licensee shalt use the Premises solely for the purpose of operating
a full service espresso cart serving espresso based non-alcoholic drinks, coffee, bakery items,
granola bars, salads, chips, sodas, pre-packaged sandwiches and such other items as are normally
associated with coffee/espresso carts provided such additional items are approved by Landlord, and
for no other purpose; and Licensee shall continuously during the term of this Agreement operate
Licensee’s business only under the trade name “Better Buzz Coffee Company”. Tenant shall be
solely responsible for complying with all laws and ordinances applicable to such permitted use on
the Premises.
6. Oueration of Business. Licensee shall open the Pranises for business on hne I,
2003 and shall conduct its business on the Premises Monday through Friday (national holidays
excluded) during the following hours 7:OO a.m. - 2:OO p.m Licensee shall operate its business so as
to not interfere with pedestrian traffic in the common areas of the Center, and so as not to create any
hazard or nuisance or in any other way interfere with the opemtion of the common area or other
businesses in the Center. The Premises may be stocked only @er or before business hours.
7. Utility Charge. Licensee shall pay to Licensor, upon receipt of an invoice fiom
Licensor, all utility charges applicable to the Premises.
8. Maintenance and Alterations. Licensee shall at all times maintain the Premises in a
safe, neat and clean condition in a good order, condition, and repair at its own expense. Licensee
shall not permit undue accumulation of garbage, trash, rubbish or other rehge. Licensee specifically
acknowledges that the manner of operation of the Premises and the adjacent area shall be subject to
additional rules and regulations established by Licensor. Licensee shall not make or cause to be
made any alterations, additions, or improvements to the Remises.
9. Surrender of Premises. At expiration or sooner termination of this Agreement,
Licensee shall peaceably surrender the Premises and promptly remove from the Premises all
merchandise and all other installations made by Licensee. Licensee shall completely repair at its
own cost and expense any and all damage to the Premises resulting fiom or caused by such
installation or removal by restoring the Premises to at least as good a condition as existed prior to the
commencement of the Term of this Agreement. If Licensee fails to repair any damage caused by
Licensee or its installations, Licensor may perform the repair and charge the cost thereof directly to
Licensee, and Licensee agrees to pay such cost to Licensor upon demand.
10. Indemnitication of Licensor. Licensee shall inde-, defend (with counsel of
Licensor’s choice) and hold harmless Licensor, its agents and employees, and any Licensee
operating within the Center, fiom and against any and all liabilities, claims, demands, damages,
Page 2 of 5
Better Buzz License Agreeumt 060303 Final.doc
Created on 6/3/03 I:18 PM
expenses, fees, fines, penalties, suits, proceedings, actions and causes of action of any and every
kind and nature arising or growing out of or in any way connected with Licensee’s (or any one
claiming through or under Licensee) use, occupancy, management or control of the Premises and/or
Licensee’s operations and activities in the Center, except any liability or claim arising or growing out
of the sole negligence of Licensor, its employees and agents.
1 1. Liabilitv Insurance.
11.1 Licensee’s Insurance Obligations. Licensee agrees to apply for and obtain
from insurance companies acceptable to Licensor and authorized to do business in the State of
California with a general policyholder’s rating of (“A”’) and a financial rating of at least (“IV”) in
the most current available addition of “Best’s Insurance Reports,” effective from and after the
commencement of the Term of this Agreement at Licensee’s sole cost and expense, insurance
coverages in the following amounts and form:
11.2 Public Liability and Prouerty Damage. Comprehensive public liability and
property damage insurance with a combined single limit of not less than one million dollars
($l,OOO,OOO) per person and per occurrence, insuring against any and all liability and property
damage of the insured with respect to the Premises, sidewalks in hnt of the Premises, the business
operated in the Premises and the maintenance, use and occupancy thereof. All such public and
property damage liability insurance shall specifically insure the performance by Licensee of the
indemnity provisions of paragraph 9 above.
11.3 Policv Form, All policies of insurance to be obtained by Licensee shall be
issued in the names of Licensor, Licensee, and any other person or entity designated by Licensor
which policy shall be for the mutual and joint benefit and protection of Licensor, Licensee, and such
other persons or entity. Executed copies of such policies of insurance or certificates thereof shall be
delivered to Lessor within ten (IO) days after issuance of each such policy. All policies shall contain
a provision that Licensor, although named as an insured, shall nevertheless be entitled to recovery
under said policies, for any loss occasion to it, its savants, agents and employees, by reason of the
negligence of licensee. As often as any such policy shall expire or terminate, renewal or additional
policies shall be procured and maintained by Licensee in like manner and to like extent, and shall be
delivered to Licensor at least ten (IO) days period to the expiration of the term of the existing policy.
All policies of insurance delivered to Licensor must contain a provision that the company writing
said policy will give Licensor at least thirty (30) days notice, in writing, in advance of any
cancellation or lapse, or the effective date of any reduction in type or amount of coverage. All
policies shall be written as a primary policy, not combining with and not in excess of coverage,
which Licensor may carry, and shall be revised as to amounts and coverages at any time as required
by Licensor.
Licensee’s obligation to carry insurance may be brought within the coverage of a so-
called blanket policy or policies of insurance carried and maintained by Licensee, provided
however, that Licensor shall be named as an additional insured thereunder, as its interest may
appear, that the coverage afforded Licensor will not be reduced or diminished by reason of the
use of such blanked policy of insurance, and requirements set forth herein are otherwise
satisfied. If Licensee does not obtain any of the insurance coverages as required in this
Page 3 of 5
Better Buzz License Agreement 060303 Fina1.h
Createdon 6/3/03 1:18 PM
paragraph, Licensor may, but is not obligated to, obtain such insurance coverage on behalf of
Licensee, and Licensor shall be entitled to reimbursement of the cost thereof. Licensee will
report in writing to Licensor any accident (i) causing property damages of more than five hundred
dollars ($500.00) and (ii) involving any serious injury to persons on the premises.
12. Waiver of Subrogation. Licensee for itself, its successors, assigns, and insurance
companies, insuring Licensee with respect to the Premises, hereby waives any right Licensee may
have on account of any loss or damage occasioned by Licensor and assured against policies required
to be carried by Licensee hereunder.
13. Assiment and Subletting. Licensee shall not, voluntarily or involuntarily by
operation of law or otherwise, assign this Agreement or sublicense all or any part of the Premises
without the prior written consent of Licensor.
14. Damage or Destruction. In the event fire or other casualty damages the Premises or
any part of the Center, Licensor shall have the right to terminate this Agreement.
15. Notices. Any notice which Licensor or Licensee may be required or desire to give or
make upon the other may be given personally or by certified maiI of the United States Postal
Service, addressed to each other at the following addresses:
Licensor: DEI, LLC
PO Box 1388
Vista, CA 92085
Attn: Property Manager
Licensee: BETTER BUZZ COFFEE COMPANY
889 Ginger Avenue
Carlsbad, CA 92009
Attn: Mr. Tim Langdon
16. Simwe. Licensee shall be permitted to display the following signage, on or
immediately adjacent to the Premises, which signage shall be subject to Landlord's prior written
approval: one (1) temporary metal "A" fi-ame type sign not to exceed 3' x 3' in size. All signage
shall be subject to local laws and ordinances and applicable covenants, conditions and restrictions
for the Carlsbad Research Center master planned development.
17. Definition of Licensor. The term Licensor shall mean only the person or entity,
which may fiom time to time hold Licensor's interest under this Agreement. In no event shall
Licensor have any pers~nal liability under this Apment.
18. Miscellaneous.
18.1 Time of Essence. Time is of the essence with respect to the performance of
each of the covenants, conditions and agreements herein contained
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Better Buzz License Agreement 060303 Fina1.h
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18.2 Attorneys' Fees. In the event that at any time during the Term of this
Agreement, either Licensor or Licensee shall institute any action or proceeding against the other
relating to the provisions of this Agreement, the unsuccessful party in such action or proceeding
agrees to reimburse the successful party for the actual attorneys' fees and actual costs and
disbursements incurred therein by the successful party. The parties agree that the actual attorneys'
fees and disbursements so incurred shall be deemed reasonable.
IN WITNESS WHEREOF, the parties hereto, intended to be legally bound and have
executed this Agreement on the day and year fmt set forth above.
LICENSOR LICENSEE
DEI, LLC, TIMLANGDON,
a California limited liability company an individual d/b/a Better Buzz Coffee
Company
Page 5 of 5
Better Buzz License Agreement 060303 Final.doc Created on 6/3/03 1 :18 PM
07/15/03 TLlE 14:03 FAX 7805991355 - DEI @I 002
GREENE PROPERTIES, INC.
July 15,2003
To whom it may concern:
This letter is to verify that DEI LLC and Mr. Langdon (dba Better Buzz Coffee
Company) had entered a lease agreement for business operation located at 5541 Fermi
Court, Carlsbad, CA 92008. Should you have any questions concerning this matter,
please feel free to contact me. Thank you.
Justin Lee
Controller
P.0, Box 1388 Vista, CA 92085
1800 Thibodo Road, Suite 320 0 Vlsta, CA 92081 Ph. (760) 727-6888 Fax (760) 734-1438