Long Beach, CA
File #: 23-0498    Version: 1 Name: CM - JP 23 Findings
Type: Resolution Status: Adopted
File created: 5/8/2023 In control: City Council
On agenda: 5/16/2023 Final action: 5/16/2023
Title: Recommendation to receive, review and adopt the written findings regarding the August 23, 2022 City Council Public Hearing wherein the City Council rejected the Hearing Officer’s recommendation to reverse the denial of the business license application for JP23 Hospitality Company (JP23), located at 110 East Broadway, and to not issue a business license, in accordance with Courts Order; and Adopt resolution containing the written findings regarding the August 23, 2022 City Council Public Hearing wherein City Council rejected the Hearing Officer’s recommendation. (District 1)
Sponsors: City Manager
Attachments: 1. 051623-R-14sr&att, 2. 051623-R-14sr&att. REVISED, 3. RES-23-0071.pdf
TITLE
Recommendation to receive, review and adopt the written findings regarding the August 23, 2022 City Council Public Hearing wherein the City Council rejected the Hearing Officer’s recommendation to reverse the denial of the business license application for JP23 Hospitality Company (JP23), located at 110 East Broadway, and to not issue a business license, in accordance with Courts Order; and

Adopt resolution containing the written findings regarding the August 23, 2022 City Council Public Hearing wherein City Council rejected the Hearing Officer’s recommendation. (District 1)

DISCUSSION
On August 23, 2022, the City Council, after considering the evidence and testimony, including the presentation and analysis by Best, Best & Krieger LLP (BB&K), unanimously voted to reject the Hearing Officer’s recommendation to reverse the denial of JP23’s business license application, and to not issue a business license.

JP23 filed its appeal with Los Angeles Superior Court on September 19, 2022 and the hearing on JP23’s appeal occurred on March 16, 2023. The Court adopted its tentative ruling, subject to certain modifications, in favor of the City of Long Beach (City). The Court entered its judgment on April 19, 2023. (See Exhibit “A” to BB&K’s Memorandum dated May 8, 2023.) As part of its judgment granting an Alternative Writ, the Court ordered this case remanded back to the Long Beach City Council so that it can make written findings “to provide an analytic bridge between the evidence and its decision or order on August 23, 2022 to reject the Hearing Officer’s recommendation, and uphold the Director’s denial of JP23’s business license application” for 110 E. Broadway Avenue and not issue a business license to JP 23 (see BB&K Written Findings - Exhibit B).

Proposed Written Findings

Based on the evidence considered at the August 23, 2022 hearing of the City Council, the relevant provisions of the Long Beach Municipal Code (LBMC), the Administrative Record (AR)...

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