TITLE
WITHDRAWN
Recommendation to refer to Hearing Officer revocation of Entertainment Permit BU20147980, for Libra Partners LLC, dba Hamburger Mary's Long Beach, 740 E. Broadway. (District 2)
DISCUSSION
Libra Partners LLC, DBA Hamburger Mary's Long Beach, was licensed as a restaurant
with alcohol on November 28, 2000. On April 30, 2002, the City Council approved permit
BU20147980, for entertainment with dancing by patrons at the restaurant. The permitted
entertainment included dancing by patrons, dancing by performers, live and amplified
music, disc jockey, and karaoke. It specifically did not permit adult entertainment as
defined in Long Beach Municipal Code (LBMC) 21.15.110 (Attachment I).
The LBMC sections 5.06.020 and 5.72.145 prescribe that, following a public hearing
before the City Council, a permit for entertainment may be revoked for any grounds that
would warrant the denial of the issuance of such permit if the application therefore was
being made or the permitee has failed to comply with any condition which may have been
imposed as a condition of operation. In a letter dated May 27, 2005 (Attachment 2), the
Chief of Police documents numerous violations of the conditions of the entertainment
permit, as well as documenting grounds that would have warranted denial of the issuance
of the permit if the application were being made today. Whenever a permit for
entertainment is revoked, no other application by such permitee for a business permit shall
be considered for a period of one year. Whenever it is provided that a hearing shall be
heard by the City Council, the Council may, at its discretion, either conduct the hearing
itself or appoint a hearing officer to conduct the hearing.
This matter was reviewed by Deputy City Attorney Cristyl Meyers on June 28, 2005 and
Budget Management Officer David Wodynski on June 27,2005.
TIMING CONSIDERATIONS
City Council action on this item is not time critical.
FISCAL IMPACT
There is no fiscal impact associated with this item.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
[Respectfully Submitted,]