TITLE
Recommendation to declare ordinance amending Ordinance No. ORD-13-0016 extending for six (6) months the temporary limitation (moratorium) on the issuance of entertainment permits and/or business licenses for businesses that operate with a Type 48 ABC License or related permit in the Downtown Dining and Entertainment District; declaring the urgency thereof; and declaring that this ordinance shall take effect immediately, read and adopted as read. (Ordinance No. ORD-14-0011) (District 2)
DISCUSSION
Background
The Downtown Dining and Entertainment District (District) consists of the area bounded by the north side of Ocean Boulevard, the south side of Third Street, the east side of Pacific and the west side of Long Beach Boulevard, and the areas known as the Pike at Rainbow Harbor and Shoreline Village (Exhibit A - District Boundaries). In 2005, the City Council operated a pilot program in the District in order to develop consistent hours and operating conditions for businesses requesting an entertainment permit. In December 2008, the District was established on a permanent basis.
On August 13, 2013, the City Council directed the City Attorney to draft an interim ordinance pursuant to LBMC Chapter 21.50 ("Interim Prohibition of Uses") initiating a moratorium against the issuance of entertainment permits in the District for businesses under a Type 48 ABC license for a period of one year. The City Council directed the City Manager, along with the Department of Development Services and the Planning Commission, to conduct an evaluation of the policies governing the issuance of entertainment permits in the District during the one-year moratorium.
Currently, when establishments located within the District apply for and obtain entertainment permits, the permits include nineteen standard conditions. In addition, permittees agree to a system of tiered additional conditions. Under that system, a permittee who violates the terms of the permit is subjected to progressively more stringent regulations. The tiering system allows the City to alter the conditions of operation in order to maintain a safe and livable environment. Failure to comply can result in revocation of both the entertainment permit and the business license.
Evaluation Process
Following Council direction, the City Manager assembled a diverse task force of downtown stakeholders (task force) to evaluate the current policies and recommend changes. Task force members submitted applications and were selected based on a mix of criteria, including demonstrated commitment to downtown Long Beach, professional expertise, and familiarity with the downtown entertainment issues. The task force members include business owners, downtown residents, and property owners (see Exhibit B - Task Force Roster).
During the moratorium, the task force met regularly to consider adjustments to the District policies that would continue to promote a vibrant and dynamic downtown. The task force sought to balance the needs of a variety of users. In particular, the task force wished to stimulate business activity and incentivize entertainment venues to operate downtown, while also encouraging residential development in the District. City staff facilitated meetings and participated throughout the process.
The task force has worked diligently to design policies that will substantially improve the District for all. The task force believes that the recommendations must be vetted by a larger group of downtown stakeholders before being presented to the City Council and codified. Therefore, the task force requests a six-month extension of the moratorium to allow sufficient time to complete a public engagement process. The process includes a public forum, taking place on Thursday August 21st from 6:30 - 8:00 p.m. at the Small Business and Development Center, located at 309 Pine Avenue. Task force members will also receive feedback through e-mail, face-to-face conversations, and from other organizations. The proactive engagement process seeks to inform all of the proposed changes and to ensure that everyone has an opportunity to comment on the proposal. After gathering input, the task force will meet to consider how to best incorporate the feedback and will then submit the recommendations to the City Council for approval and referral to the Planning Commission to amend Chapter 21 of the Long Beach Municipal Code. Following Planning Commission approval, the City Attorney will return to the City Council with an ordinance for adoption.
This matter was reviewed by Assistant City Attorney Michael Mais and by Budget Management Officer Victoria Bell on July 29, 2014.
TIMING CONSIDERATIONS
The moratorium on Type 48 ABC licenses in the District expires on August 13, 2014; therefore, Council action is required to maintain the moratorium while the evaluation process concludes. The short extension ensures that all future applicants benefit from the new policies.
FISCAL IMPACT
There is no anticipated fiscal impact or local job impact associated with the recommended action.
SUGGESTED ACTION
Approve recommendation.
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH IMPOSING A MORATORIUM RELATING TO THE ESTABLISHMENT OF CERTAIN BARS OR NIGHTCLUBS WITH TYPE 48 ABC LICENSES AND RELATED PERMITS IN THE DOWNTOWN DINING AND ENTERTAINMENT DISTRICT; DECLARING THE URGENCY THEREOF AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY
Respectfully Submitted,
PATRICK H. WEST
CITY MANAGER