TITLE
Recommendation to refer to hearing officer the consolidated appeal to business license and Entertainment Permit revocation by the Guadalupe Perez, dba Mariscos Brite Spot, 1616 East Anaheim Street. (District 2)
DISCUSSION
On September 12, 2008, the Long Beach Chief of Police recommended that the Department of Financial Management revoke the business license (BU92006270) and entertainment permit (BU20345190) of Mr. Guadalupe Perez, DBA Mariscos Brite Spot, 1616 East Anaheim Street (Attachment A). The business violated the Long Beach Municipal Code (LBMC), State law, and conditions of its business license, entertainment permit and ABC license, all of which demonstrate a pattern of unabated criminal activity creating serious nuisance conditions.
Pursuant to the LBMC, a licensee may initially appeal a business license revocation to the Director of Financial Management. Subsequent appeals are made to the City Council. On October 9, 2008, the business owner/operator waived his initial business license appeal to Financial Management and agreed to consolidate the business license revocation appeal with the entertainment permit appeal to the City Council (Attachment B). Whenever it is provided that a hearing shall be conducted by the City Council, the City Council may, in its discretion, refer the matter to a hearing officer.
This matter was reviewed by Deputy City Attorney, Cristyl Meyers on October 13, 2008.
TIMING CONSIDERATIONS
If referred, upon selection of a hearing officer, the matter will be heard on November 20 and 21, 2008.
FISCAL IMPACT
There is no fiscal impact associated with this item.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
LORI ANN FARRELL
DIRECTOR OF FINANCIAL MANAGEMENT/CFO
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APPROVED: |
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PATRICK H. WEST |
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CITY MANAGER |