TITLE
Recommendation to receive supporting documentation into the record, conclude the hearing and deny the Entertainment Permit application of JAB Entertainment, Inc., dba Sugarwalls, 1811 W. Anaheim Street, for an Entertainment Permit With Dancing by Performers at an existing restaurant. (District 1)
DISCUSSION
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 entertainment permit application is complete and truthful; the applicant, the person 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 and entertainment activities 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 entertainment permit application from JAB Entertainment, Inc., DBA Sugarwalls. Also attached are reports from various City departments and a summary of those reports, as well as the business license and entertainment permit 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 performers be denied. Based on the demonstrated, knowingly and consistent failure of the applicant to conduct the business and entertainment in accordance with local and state laws, the Police Department is unable to find that the public peace, safety and welfare will not be impaired if the permit is granted.
· The Fire Department recommends that the permit for entertainment with dancing by performers 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 Zoning Section of the Planning and Building Department recommends that the permit for entertainment with dancing by performers be denied. Based on the information provided by the Police Department, this business is operating in such a manner that it would be defined as an adult entertainment use per Zoning code section 21.45.110.
In the event that any of the recommended conditions attached to any permit or licenses are in conflict, the permittee shall adhere to the strictest of the applicable conditions. This location has been licensed as a restaurant with alcohol since September 14, 2006, and was issued a one-hundred-twenty (120) day temporary entertainment permit on April 4,2007.
This matter was reviewed by Deputy City Attorney Cristyl Meyers on June 25,2007.
TIMING CONSIDERATIONS
The hearing date of July 10, 2007, has been posted on the business location, with the applicant and property owners within 300 feet notified by mail. JAB Entertainment, Inc., DBA Sugarwalls is operating on a temporary permit that expires on August 1,2007.
FISCAL IMPACT
The following fees were collected with the application: Building Inspection $290 and Zoning Review $14 (Planning and Building Department), Police Investigation $1,000 (Police Department), Temporary Permit $300, Labels $90 (Financial Management Department), and Health/Noise Control $94 (Health and Human Services Department).
The following fees will be collected if the application is approved: Business License $287.63 and Regulatory $250 (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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CHRISTINE F. SHIPPEY |
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ASSISTANT CITY MANAGER |