TITLE
Recommendation to receive supporting documentation into the
record, conclude the hearing and deny the Permit on the application of Club Investments LP, dba Lush Lounge (previously known as Ice Bar),
49 South Pine Avenue, for Entertainment With Dancing by Patrons. (District 2)
DISCUSSION
Club Investments LP, DBA Lush Lounge (previously known as Ice Bar), has been licensed as a restaurant with alcohol since September 2008. For the past two years, the business has been operating on One-Year Short-Term Entertainment with Dancing by Patrons Permits. Staff recommends denial for the following reasons: seriousness of recent issues that have occurred; being placed on Tier Two and Tier Three of the Downtown Dining and Entertainment District, which impose more restrictive conditions; three or more noise complaints during their previous years' One-Year Short-Term Entertainment Permits; and a history of the owners being non-compliant. If the permit is denied, 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 states that the City Council shall approve the issuance of the entertainment permit if they find that: the issuance of the permit at the proposed location is consistent with federal, state and local laws, rules and regulations; it will not constitute an undue burden on the neighborhood; the applicant(s) or responsible persons have not been convicted of any misdemeanor involving moral turpitude or felony offense within the past five years; and, neither the applicant(s) or any responsible persons have a history of committing significant violations of the LBMC and have not provided false or misleading information on their application.
In this matter, the City Council has the following options: 1) grant the Permit, with or without conditions; or, 2) 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, history, entertainment permit application and floor plan. To review all supportive documents, as well as the documents included in this report, you may visit www.longbeach.gov/finance/business_relations/entertainment.asp.
The following summarizes departmental findings:
· The previous recommendation submitted to the City Council at its January 22, 2013 meeting, recommending approval of the permit, did not reflect the Police Department's most current information related to calls for service.
· The Police Department recommends that the permit for entertainment with dancing by patrons be denied based upon its current investigation, the seriousness of recent events, and history of the owner's noncompliance. The findings and conclusions are 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 and, after a thorough investigative process, recommends that the permit for entertainment with dancing by patrons be denied.
This matter was reviewed by Deputy City Attorney Amy R. Webber on February 11, 2013.
TIMING CONSIDERATIONS
The hearing date of February 19, 2013 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 $287 (Financial Management Department).
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
JOHN GROSS
dIRECTOR OF FINANCIAL MANAGEMENT
APPROVED:
PATRICK H. WEST
CITY MANAGER