TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing and deny the Permit on the application of Panama Joe's, Inc., dba Panama Joe's Café, 5100 E. 2nd Street, for Entertainment With Dancing by Patrons. (District 3)
DISCUSSION
Panama Joe's, Inc., DBA Panama Joe's Café, has been licensed as a restaurant with alcohol since December 2008. For the past three years, the business has been operating on One-Year Short-Term Permits for their entertainment activities. The first two permits, granted on March 17, 2009 and April 6, 2010, were for entertainment without dancing, and the third, granted on April 19, 2011, was for entertainment with dancing by patrons. If the staff recommendation to deny the permit is approved, the business will be required to cease all entertainment activity.
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 permit application is complete and truthful; the applicant 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 public peace, welfare and safety will not be impaired. If this is so, the application shall be approved, a short-term entertainment permit shall be approved, or the application shall be denied.
The City Council has the authority to approve the following options: 1) grant the Permit, with or without conditions; or 2) grant a One-Year Short-Term Entertainment Permit, with or without conditions; or, 3) deny the Permit on the application.
City departments have conducted their investigations in accordance with the LBMC. Attached for your review are the departmental investigative reports, the business ownership and permit history, and the entertainment permit application.
The following summarizes departmental findings:
· The Police Department recommends that the permit for entertainment with dancing by patrons be denied based on the findings and conclusions outlined in the Police Department's report (attached).
· The Fire Department finds that the building/location meets 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 Development Services Department finds that the building/location meets department requirements for the proposed use.
The Department of Financial Management, Business Relations Bureau, has reviewed all submitted department documents and correspondence (attached) and, after a thorough investigative process, recommends that the permit for entertainment with dancing by patrons be denied.
In the event that any of the recommended conditions are in conflict with other permits or licenses, the permittee shall adhere to the strictest of the applicable conditions. This location has been licensed as a restaurant with alcohol since November of 1979.
This matter was reviewed by Deputy City Attorney Amy R. Webber on July 3, 2012.
TIMING CONSIDERATIONS
The hearing date of July 24, 2012, 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 application: Building Review $22 and Zoning Review $16 (Development Services), Police Investigation $663 (Police Department), and Labels $90 (Financial Management Department).
The following fees will be collected if the application is approved: Business License $330.57 and Regulatory $1,006 (Financial Management Department).
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
JOHN GROSS
DIRECTOR OF FINANCIAL MANAGEMENT
APPROVED:
PATRICK H. WEST
CITY MANAGER