TITLE
Recommendation to respectfully request City Council to: [1] rescind the previous action taken on February 19, 2013, (Legislative File 13-0148) regarding the application of Great Mex Grill, LLC dba Great Mex Grill, protesting an Original Alcoholic Beverage Control License; and [2] receive and file the application of Great Mex Grill, LLC dba Great Mex Grill for an Original Alcoholic Beverage Control License, at 5530 East Atherton, with attached conditions. (District 4)
DISCUSSION
At the Council meeting of February 19, 2013, the Council voted to protest the original ABC license for Great Mex Grill, located at 5530 E. Atherton Street. At this time, I would like to recommend the withdrawal of this protest and submit conditions of approval including time restrictions for the serving of alcohol.
I request that the City of Long Beach impose the following conditions for an original license at Great Mex Grill:
1. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in such restaurants.
2. This original ABC license is for beer and wine only.
3. Sales, service and consumption of alcoholic beverage shall take place only between the hours of 5:00 pm-10:00 pm Monday through Friday, 9:00 am-9:00 pm on Saturday and 9:00 am - 8:00 pm on Sunday.
4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period.
5. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee, not licensed by ABC for such sales.
6. All beverages offered for sale at the premises shall be displayed and available for convenient inspection and purchase within the premises by the general public.
7. Happy hours and promotions will not be directly marketed to local college students (CSULB,LBCC).
8. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.
9. The petitioner(s) shall be responsible for maintaining free of litter the premises and the area adjacent to the licensed premise over which they have control.
10. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied.
11. To prevent loitering and other criminal activities exterior payphones are prohibited.
12. Petitioner(s) shall regularly police the area under their control in an effort to prevent loitering of persons about the premises.
13. A single jukebox or stereo may be maintained on the premises; however, the music shall not be audible outside the premises.
14. Doors shall remain closed during hours of operation to prevent noise disturbance.
15. Licensee shall not offer or permit or provide any type of live entertainment except as allowed by a valid Entertainment Permit issued by the city of Long Beach.
FISCAL IMPACT
None.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
COUNCILMEMBER PATRICK O'DONNELL
FOURTH DISTRICT