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Recommendation to receive supporting documentation into the record, conclude the hearing, and adopt the recommendation to deny the appeal and revoke business license No. BU20301080 and retail sales license No. BU20301090 issued for the Princess Inn, located at
1879 Magnolia Avenue. (District 6)
DISCUSSION
The Long Beach Municipal Code (LBMC) requires a hearing be held before the City Council whenever a revocation of a business license is appealed.
The LBMC also requires the City Council review and consider a hearing officer's written report, when the Council appoints a hearing officer to conduct the appeal proceedings.
The City Council may adopt, reject or modify the recommended decision. In its discretion, the City Council may take additional evidence at the hearing or refer the case to the hearing officer with instructions to consider additional evidence.
Attached for your review is Hearing Officer Ronald J. Sokol's March 14, 2008, written report. Attorney Sokol recommended that the appeal of the revocation of business license number BU20301 080 and retail sales license number BU20301 090, issued to the Princess Inn located at 1879 Magnolia Avenue, be denied. The Hearing Officer determined that:
· Shortly after the City licenses were issued in January 2003, the business was the subject of complaints involving illegal drug activity, domestic violence, child abuse, and prostitution.
· The location was deemed a nuisance in 2004, and was assessed penalties and costs.
· In 2006, the Police Department once again identified the Princess Inn as a problem location for illegal activity, and advised the licensee of violations and possible consequences, including license revocation.
· On July 17, 2007, the Police Department requested the Department of Financial Management revoke the Princess Inn's business and retail sales licenses.
· During October 2007, an administrative hearing was conducted to afford the business an opportunity to show cause why its licenses should not be revoked.
· Following these proceedings, Hearing Officer Michelle M. Lents recommended that the City revoke both the business and retail sales licenses.
· The licensee appealed this decision and a subsequent hearing was conducted during February 2008.
· Contrary to the retail sales license, which was limited to the sale of prepackaged food items, police observed condoms offered for sale inside the business office.
· Guest room records were not maintained, as required by the LBMC.
· Rooms were re-rented within 12-hour periods, in violation of the LBMC.
· The licensee, known on the street as "Big Poppy," rented these rooms on an hourly basis to under cover VICE detectives posing as prostitutes and johns.
· There were numerous drug related arrests.
· One motel resident, who also functioned an as un-permitted employee, attempted to sell narcotics to an undercover VICE detective and was arrested and convicted.
· Guest rooms offered for rent had blood stained bed sheets, torn carpets, urine covered bathroom floors, unflushed toilets, and the presence of drug paraphernalia.
· The business operations constituted a nuisance.
Deputy City Attorney Cristyl Meyers reviewed this report on April 2,2008.
TIMING CONSIDERATIONS
City Council action on this matter is not time critical.
FISCAL IMPACT
There is no fiscal impact associated with this item.
SUGGESTED ACTION
Approve recommendation.
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Respectfully Submitted,
Lori Ann Farrell
DIRECTOR OF FINANCIAL MANAGEMENT/CFO
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PATRICK H. WEST |
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CITY MANAGER |