TITLE
Recommendation to receive supporting documentation into the record, conclude the public hearing, and approve an amendment to the conditions of the Entertainment without Dancing Permit issued to Relevant, Inc., dba Marina Wine, at 194 Marina Drive, Suite 101. (District 3)
DISCUSSION
At its meeting on November 5, 2019, the City Council granted an amendment to the Entertainment without Dancing Permit (Permit) issued to Relevant, Inc., dba Marina Wine, subject to approved permit conditions. The Permit conditions approved on November 5, 2019, require entertainment activities occurring inside the establishment with all doors and windows closed, including the roll-up door facing the patio area, be restricted from 7:00 p.m. to 10:00 p.m., on Mondays through Thursday, 8:00 p.m. to 11:00 p.m., Friday and Saturday, and 2:00 p.m. to 6:00 p.m. Sunday. Entertainment activities occurring inside the establishment, with the roll-up door facing the patio area open and all other doors and windows closed, is restricted to 10:00 p.m., Monday through Saturday, and 6:00 p.m. on Sunday.
Due to a procedural error that occurred during the public hearing, the conditions were not approved as intended in the Permit. As a result, staff recommends amending the conditions to the Permit. The amendments proposed are as follows:
• Amending Additional Condition No. 1
Authorized entertainment activities indicated on page 9 of the Entertainment Permit Application occurring inside the establishment, with all doors and windows closed, including the roll-up door facing the patio area, will be restricted to 10:00 p.m. Monday through Thursday, and 11:00 p.m., Friday through Sunday. Entertainment activities occurring inside the establishment, with the roll-up door facing the patio area open and all other doors and windows closed, will be restricted to 10:00 p.m., Monday through Sunday.
• Adding Additional Condition No. 6
The entertainment permit will be subject to an administrative review by the Department of Financial Management within one year from the date of issuance of the permit to determine if grounds exist for modification, suspension, or revocation of the permit based upon compliance with all applicable laws and regulations.
The Long Beach Municipal Code (LBMC) requires a hearing be held before the City Council whenever an entertainment permit is amended. The revised Permit conditions recommended for approval are attached (Attachment A).
The LBMC also requires the City Council to approve the issuance of the amended Permit if they find that: the issuance of the Permit at the proposed location is consistent with federal, state and local laws, rules, and regulations; it will not constitute an undue burden on the neighborhood; the applicant(s) or responsible persons have not been convicted of any misdemeanor involving moral turpitude or felony offense within the past five years; and, neither the applicant(s) nor any responsible persons have a history of committing significant violations of the LBMC, and have not provided false or misleading information on their application.
The City Council has the authority to approve the following options: (1) grant the amendment to the Permit; or (2) deny the amendment to the Permit. Once the Permit is granted, pursuant to LBMC 5.72.120.5, the Permit will be subject to an administrative review by the Financial Management Department every two years. This review process will consist of a multi-department analysis to determine compliance and identify if issues exist. This provision does not affect the City’s ability to modify, revoke, or suspend the Permit at any time.
In the event that any of the recommended conditions are in conflict with other permits or licenses, the permittee must adhere to the strictest of the applicable conditions. This location has been licensed as a Food Retail Store with Alcohol since January 2005. The business changed ownership to Relevant, Inc., in November 2018.
This matter was reviewed by Deputy City Attorney Amy R. Webber on November 21, 2019.
TIMING CONSIDERATIONS
The hearing date of December 10, 2019, 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 entertainment permit application: Building Review $22.45 and Zoning Review $33.00 (Development Services Department), Police Investigation $1,359.00 (Police Department), and Mailing List $90.00 (Financial Management Department).
The following fees will be collected if the application is approved: Business License Annual Tax $379.07, Employee Rate $19.68 per employee, and Annual Entertainment Regulatory Fee $322.00 (Financial Management Department).
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
JOHN GROSS
DIRECTOR OF FINANCIAL MANAGEMENT
APPROVED:
THOMAS B. MODICA
ACTING CITY MANAGER