TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing and grant a One-Year Short-Term Permit with conditions on the application of Lodge Development LLC., dba Buster's Beach House, 168 N. Marina Drive, for Entertainment with Dancing by Patrons. (District 3)
DISCUSSION
The Long Beach Municipal Code (LBMC) requires an application be filed and a hearing be held before the City Council whenever this type of activity is requested and before an entertainment permit is granted or denied.
The LBMC also requires that the City Council make a determination that the permit application is complete and truthful; the applicant and the officers and trustees of the entity are law-abiding persons who will operate and conduct the business activity in a lawful manner; and that public peace, welfare and safety will not be impaired. If this is so, the application shall be approved, a short-term entertainment permit shall be approved, or the application shall be denied.
The City Council has the authority to approve the following options: 1) grant the Permit, with or without conditions; or 2) grant a One-Year Short-Term Entertainment Permit, with or without conditions; or, 3) deny the Permit on the application.
City departments have conducted their investigations in accordance with the LBMC. Attached for your review are the departmental investigative reports, the business ownership and permit history, and the entertainment permit application.
The following summarizes departmental findings:
· The Police Department recommends that the permit for entertainment with dancing by patrons be approved subject to conditions.
· The Fire Department finds that the building/location meets department requirements for the proposed use.
· The Health and Human Services Department finds that the building/location meets department requirements for the proposed use with the condition that the establishment remain in compliance with the Long Beach Noise Ordinance (LBMC Chapter 8.80).
· The Development Services Department finds that the building/location meets department requirements for the proposed use.
The Department of Financial Management, Business Relations Bureau, has reviewed all submitted department documents and correspondence and, after a thorough investigative process, recommends that the permit for entertainment with dancing by patrons be approved as a One-Year Short-Term Entertainment Permit subject to conditions (attached).
In the event that any of the recommended conditions are in conflict with other permits or licenses, the permittee shall adhere to the strictest of the applicable conditions. This location has been licensed as a restaurant since 1970.
This matter was reviewed by Deputy City Attorney Amy Burton on January 6, 2011.
TIMING CONSIDERATIONS
The hearing date of February 1, 2011, has been posted on 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 $20 and Zoning Review $15 (Development Services), Police Investigation $1,159 (Police Department), and Labels $90 (Financial Management Department).
The following fees will be collected if the application is approved: Business License $320.70 and Regulatory $977 (Financial Management Department).
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
WILLIAM YEOMANS
INTERIM Director of Financial Management
APPROVED:
PATRICK H. WEST
CITY MANAGER