TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing and adopt the recommended decision to deny the appeal of the denial of the business license application for the Mexicatessen Express LB, LLC, dba Mexicatessen Express, located at 3768 Atlantic Avenue. (District 7)
DISCUSSION
The Long Beach Municipal Code (LBMC) requires a hearing be held before the City Council whenever a denial of a business license application is appealed.
The LBMC also requires the City Council to 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 Bruce Bartram's December 26, 2007 written report. Attorney Bartram recommended that the appeal of the denial of business license application number BU20703330 for the Mexicatessen Express LB, LLC, located at 3768 Atlantic Avenue, be denied. The Hearing Officer's findings included:
> On-site inspections resulted in the issuance of correction notices for building, plumbing, electrical and health code violations, with instructions for appellant to timely correct the deficiencies.
> Appellant was issued a conditional business license contingent upon compliance.
> As a result, appellant submitted plans for tenant improvements. City staff reviewed the plans, found them to be incomplete, and notified the appellant.
> Although appellant retrieved the incomplete plans, corrective measures have not occu rred.
This matter was reviewed by Deputy City Attorney Cristyl Meyers on January 15, 2008.
TIMING CONSIDERATIONS
The hearing date of January 22, 2008 was set by the City Council on January 15, 2008 to review and consider the Hearing Officer ...
Click here for full text