TITLE
Recommendation to adopt Hearing Officer Statement of Issues, Findings of Fact, and Summary of Relevant Evidence regarding Entertainment Permit No. BU99041410 issued to Mariposa Restaurant Group LLC, dba Mariposa, 135 Pine Avenue, Long Beach, and instruct staff to suspend the permit, impose entertainment permit conditions requiring Mariposa to limit patron dancing, obtain accurate occupancy load certificates, conduct occupancy counts, maintain occupancy logs, and maintain licensed security personnel as recommended by the Hearing Officer, and issue a Downtown Entertainment District entertainment permit subject to the above recommendations as well as Tier 2 conditions, and commence the suspension on March 9, 2007, as further recommended by staff. (District 2)
DISCUSSION
This matter is before the City Council to review the attached Hearing Officer Report of Michael R. Diliberto regarding revocation/suspension of entertainment permit number BU99041410 issued on December 11, 2001.
At the direction of the City Council, an administrative permit revocation/suspension hearing commenced September 11, 2006, and concluded December 1, 2006 following a lengthy history of alleged nuisance-related activity at Mariposa.
Evidence was presented to the Hearing Officer by members of the Long Beach Police and Fire Departments, the California Department of Alcoholic Beverage Control, as well as private restaurant security and other restaurant personnel.
The Hearing Officer determined the City met its burden of proof to establish that Mariposa violated its entertainment permit number BU9941410. Among other things, the Hearing Officer's Report concluded that:
Mariposa obtained inflated maximum occupancy load certificates based on architectural floor plans it submitted depicting a dance floor area larger than approved dimensions.
Mariposa exceeded these inflated limits by admitting patrons in excess of as many as 150 persons.
Mariposa provided loud amplified entertainment w...
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