TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing and grant the Permit, with or without conditions, or deny the Permit on the application of Queens Seaport Development, Inc., dba Queen Mary, 1126 Queens Highway, for a Permit for Entertainment With Dancing by Patrons. (District 2)
DISCUSSION
The Queens Seaport Development, Inc., (QSDI) has applied for an entertainment permit with dancing by patrons for the Seawalk area and parking lots. This application is only for off-ship entertainment and does not include entertainment in the Dome or the Events Park.
The RMS Foundation Inc., has had an entertainment permit for on-ship activities since 1993.
This application is designed to address each future event that could have different entertainment venue configurations, and different parking, security, traffic, food service, alcohol, and outreach requirements. Each event will require separate permits from City Building and Fire officials. Staff recommends that each event authorized by this entertainment permit be treated as a Special Event. For each event, QSDI shall submit an application for approval to the Office of Special Events and Filming no less than 60 days prior to the scheduled event. Each event application shall include plans for parking, security, traffic, food service, alcohol, and outreach specific to the event. QSDI shall reimburse the City whenever extraordinary City services are required to support an event. This is the first time a permit of this type will be issued; consequently, staff recommends that the City Council approve a one-year, short-term permit with conditions. Following one year QSDI will be required to reapply for an entertainment permit at which time the City will take into consideration the past performance and adjust conditions of the permit prior to approving another permit.
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 a license or permit is granted or denied.
The LBMC also requires that the City Council make a determination that the application is complete and truthful; the applicant, the persons interested in the ownership and operation of the entity, 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 the public peace, welfare, and safety will not be impaired. If this is so, the application shall be approved; if not, it shall be denied.
Attached for your review is the application from QSDI. Also attached are reports from various departments and a summary of those reports, as well as, the license history of the establishment.
City departments have conducted their investigation in accordance with the LBMC. The following summarizes their findings:
· The Police Department recommends that the permit for entertainment with dancing by patrons be approved with conditions, which include a tiered structure that modifies the conditions of the entertainment permit should QSDI not comply with the terms of the permit or other laws and regulations.
· The Fire Department recommends that the permit for entertainment with dancing by patrons be approved with conditions.
· 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 Planning and Building Department recommends that the permit for entertainment with dancing by patrons be approved with conditions.
In the event that any of the recommended conditions attached to any permit or license is in conflict, QSDI shall adhere to the more stringent requirement. Entertainment Permits are not transferable. Any change in ownership shall require a new permit.
This item was reviewed by Deputy City Attorney J. Charles Parkin on September 27, 2006 and Budget Management Officer David Wodynski on October 2, 2006.
TIMING CONSIDERATIONS
The hearing date of October 10, 2006 has been posted on the business location, with the applicant, and property owners and business owners within 300 feet notified by mail. QSDI is operating on a temporary permit that expires on October 10, 2006.
FISCAL IMPACT
The following fees were collected with the application: Building Inspection $194 and Zoning Review $14 (Planning and Building Department), Police Investigations $750 (Police Department), Temporary Permit $225, and Labels $146 (Financial Management Department), and Health/Noise Control $94 (Health and Human SeNices Department).
The following fees will be collected if the application is approved: Business License $287.63 and Regulatory $825 (Financial Management Department).
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
MICHAEL A. KILLEBREW
DIRECTOR OF FINANCIAL MANAGEMENT
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APPROVED: |
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GERALD R. MILLER |
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CITY MANAGER |