Hermosa Beach News
Council won't let Tender Box expand


By Eric Michael Stitt
(Updated: Thursday, November 15, 2007 10:21 AM PST)

The Hermosa Beach City Council unanimously voted to deny the Tender Box an expansion into its second story.

At its Nov. 13 meeting, the council upheld the Planning Commission's earlier decision to reject the adult entertainment store's request to keep video-viewing booths that were built without permission in the second floor, which is zoned for residential use only.

In June the Tender Box, which is located at 809 Pacific Coast Highway, was cited by the city for expanding into its second floor and adding 14 video-viewing booths without permission, in addition to the eight legal booths that are located on the main level. The Tender Box had asked the Planning Commission for an after-the-fact approval to allow business operations to continue upstairs even though it had violated its business permit. The Planning Commission denied the request, so the Tender Box appealed to the City Council.

Attorney Roger Diamond, who represents the Tender Box, said if the council would let the Tender Box move eight booths from the main level to the second level and then get rid of the 14 additional ones, they would not seek a second location in town to conduct their business. He added if they were denied the request and couldn't find a second location, they would sue the city.

“It's a simple request,” Diamond said. “Let us use the upstairs (or) we'll find a second location to house the arcade booths.”

Andy Williams was one of many Hermosa Beach residents who spoke opposing any expansion of the Tender Box.

“It's incredible they violated their CUP and then threaten us. They obviously don't know Hermosa Beach,” said Williams, who lives in the 500 block of 26th Street.

Councilman Sam Edgerton was quick to end the discussions after hearing residents complain about the business.


“I'll make a motion to deny the request for expansion,” Edgerton said. “The CUP had admittedly been violated. This applicant willingly and knowingly violated it.”

Councilman Peter Tucker agreed with Edgerton and added that the Tender Box also violated state building codes.

Councilman Kit Bobko said his decision to deny the request is not because the business is an adult entertainment store, but because it violated permits, codes and tried to expand illegally.

“If any business in town was trying to expand illegally, we wouldn't allow it. If the business was selling shoes, it wouldn't be any different.”

Diamond said he was not surprised by the council's unanimous vote.

“It was expected. It's unfortunate,” he said. “It will encourage my client to open a second store. If no spots are available, we will proceed with litigations.”



I guess they opened a few "professionally installed" glory holes too many...

That was just fucking stupid on the owners of the Tender Box' part. Maybe if they had asked, instead of just doing it, things might be different. I've been to the store a few times for gifts and stuff. It's really super small, sure, but do it legally if you want to expand. Geez, to be continued for sure.