TITLE
Recommendation to receive the supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for entertainment with dancing to Mericas Tap Room, LLC, dba B’s Cocktails & Entertainment, at 5456 East Del Amo. (District 5)
Levine Act: Yes
DISCUSSION
The Long Beach Municipal Code (LBMC) requires an application be filed and a hearing held before the City Council whenever this type of activity is requested and before an entertainment permit (Permit) can be granted or denied.
The LBMC also requires the City Council to approve the issuance of the Permit if they find that: the issuance of the Permit at the proposed location is consistent with federal, State, and local laws, rules, and regulations; it will not constitute an undue burden on the neighborhood; the applicant(s) or responsible persons have not been convicted of any misdemeanor involving moral turpitude or felony offense within the past five years; and, neither the applicant(s) nor any responsible persons have a history of committing significant violations of the LBMC and have not provided false or misleading information on their application.
The City Council has the authority to approve the following options: (1) grant the Permit, with or without conditions; or (2) deny the Permit application. Once the Permit is granted, pursuant to LBMC 5.72.120.5, the Permit will be subject to an administrative review by the Financial Management Department every two years. This review process will consist of a multi-department analysis to determine compliance and identify if issues exist. This provision does not affect the City’s ability to modify, revoke, or suspend a permit at any time.
City departments have conducted their reviews and made their respective recommendations in accordance with the LBMC. Attached are the departmental reports, history, entertainment permit application, and floor plan.
The following summarizes departmental findings:
• The Police Department recommends that the Permit for entertainment with dancing be approved, subject to conditions.
• The Fire Department finds the building/location meets department requirements for the proposed use.
• The Health and Human Services Department finds the building/location meets department requirements for the proposed use.
• The Community Development Department finds the building/location meets department requirements for the proposed use.
The Financial Management Department, Business Services Bureau, has thoroughly reviewed all submitted department documents and correspondence and recommends the Permit for entertainment with dancing be approved subject to conditions (attached).
In the event that any of the recommended conditions conflict with other permits or licenses, the permittee must adhere to the strictest of the applicable conditions. This location has been licensed as a Bar, Tavern, Lounge since December 2022.
This matter was reviewed by Deputy City Attorney Monica J. Kilaita on September 27, 2023.
LEVINE ACT
This item is subject to the Levine Act. The Mayor, Councilmembers, and Commissioners who have received a contribution of more than $250 within 12 months prior from a party, participant, or their representatives involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; OR (2) return the portion of the contribution that exceeds $250 within 30 days from the time the elected official knew or should have known about the contribution and participate in the proceeding.
All parties, participants, and their representatives must disclose on the record of this proceeding any contribution of more than $250 made to the Mayor or any Councilmembers within 12 months prior to the date of the proceeding. The Mayor, Councilmembers, and Commissioners are prohibited from accepting, soliciting, or directing a contribution of more than $250 from a party, participant, or their representatives during a proceeding and for 12 months following the date a final decision is rendered.
TIMING CONSIDERATIONS
The hearing date of October 17, 2023, has been posted at the business location, with the applicant and property owners within 300 feet notified by mail.
FISCAL IMPACT
The following fees were collected with the application: Building Review $23.30 and Zoning Review $33.00 (Community Development Department); Police Investigation $744.00 (Police Department); Temporary Entertainment Permit $478.00 and Mailing List $90.00 (Financial Management Department).
The following fees will be collected if City Council approves the application: Business License Annual Tax $442.95, Employee Rate $23.00 per employee and Annual Entertainment Regulatory Fee $1,354.00 (Financial Management Department).
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
KEVIN RIPER
DIRECTOR
FINANCIAL MANAGEMENT
APPROVED:
THOMAS B. MODICA
CITY MANAGER