TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing and grant the Permits, with or without conditions; grant One-Year Short-Term Permits, with or without conditions; or deny the Permits on the applications of Sega Entertainment USA, Inc., dba Gameworks, 10 Aquarium Way, for Entertainment Without Dancing by Patrons, Bowling Alley and Pool Hall at an existing restaurant.
(District 2)
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 application is complete and truthful; the applicant, the person interested in the ownership and operation of the entity, 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 the public peace, welfare, and safety will not be impaired. If this is so, the applications shall be approved, short-term permits shall be approved, or the applications shall be denied.
Attached for your review are the applications from Sega Entertainment USA, Inc., DBA Gameworks. Also attached are reports from various departments and a summary of those reports, as well as the license history of the establishment.
City departments have conducted their investigation in accordance with the LBMC. The following summarizes their findings:
. The Police Department recommends that the permits for entertainment without dancing by patrons, bowling alley and pool hall, be approved subject to standard conditions of the Downtown Dining and Entertainment District.
. The Fire Department finds that the building/location meets the 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 Long Beach Development Services Department finds that the building/location meets the department requirements for the proposed use.
In the event that any of the recommended conditions attached to any permit or licenses are in conflict, the permittee shall adhere to the strictest of the applicable conditions.
This location has been licensed as a restaurant with alcohol, entertainment without dancing by patrons, bowling alley and pool hall since October 2003.
TIMING CONSIDERATIONS
The hearing date of October 14, 2008, has been posted on the business location, with the applicant and property owners within 300 feet notified by mail.
This matter was reviewed by Deputy City Attorney Cristyl Meyers on September 12, 2008.
FISCAL IMPACT
The following fees were collected with the application: Building Review $20 and Zoning Review $14 (Long Beach Development Services Department), Police Investigation $1,000 (Police Department), Temporary Permit $300, Labels $90 (Financial Management Department), and Health/Noise Control $94 (Health and Human Services Department).
The following fees will be collected if the application is approved: Business License $309.77, Regulatory $250, DPBIA $404.97, Bowling Alley permit $1,110.60 and Pool Hall permit $333.18 (Financial Management Department).
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
Lori Ann Farrell
Director of Financial Management/CFO
NAME |
APPROVED: |
TITLE |
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PATRICK H. WEST |
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CITY MANAGER |