TITLE
Recommendation to refer to Hearing Officer the business license application denial appeal by Wanda Zaza, dba Karma Hookah Lounge, at 1605 East Wardlow Road. (District 7)
DISCUSSION
Prior to the COVID-19 pandemic, hearings were held in a timely manner. However, due to statewide health orders, safety protocols, and other resource limitations, hearings were suspended and have only recently resumed in a virtual capacity.
On April 16, 2020, the Department of Financial Management denied the business license application for Wanda Zaza, dba Karma Hookah Lounge (KHL), to operate a restaurant with alcohol establishment at 1605 East Wardlow Road (Attachment A) due to the failure of the business to comply with applicable laws and regulations, pursuant to Long Beach Municipal Code (LBMC) Sections 3.80.210, 3.80.421.1(a), 5.72.110(a), 5.04.030, and 9.31.020 (Attachment B), as well as violations of California Business and Professions Code (BPC) Sections 23300 and 25604 (Attachment C). On April 27, 2020, Wanda Zaza filed an appeal of the business license application denial (Attachment D).
A business license has not been issued to Wanda Zaza, dba Karma Hookah Lounge; however, the business continues to operate without a license. The business license was pending on the City receiving a valid Alcohol and Beverage Control (ABC) License copy. While the business license application was pending, the Long Beach Police Department (PD) received numerous complaints of sales and consumption of alcohol at the business and unpermitted entertainment activities. Starting in January 2020, there have been multiple incidents at the establishment requiring a response from PD. In March 2020, Vice Detectives conducted an investigation that resulted in a misdemeanor citation for alcohol sales without a license. PD has determined the business a public nuisance and requests that Wanda Zaza’s business license be denied.
Pursuant to LBMC Section 3.80.210, it is unlawful for any person to carry on any business without procuring a business license.
Pursuant to LBMC Section 3.80.421.6, an applicant for a business license whose application for such license has been denied by the Director of Financial Management may appeal to the City Council. Whenever it is provided that the City Council hear a hearing, the City Council may, at its discretion, conduct the hearing itself or refer it to a hearing officer, in accordance with LBMC Section 2.93.050(A). If the matter is referred, the City Council will set the hearing to be held not less than 20 days thereafter.
This matter was reviewed by Deputy City Attorney Arturo D. Sanchez on March 22, 2021.
TIMING CONSIDERATIONS
If referred, upon selecting a hearing officer, the matter will be heard not less than 20 days thereafter.
FISCAL IMPACT
There is no fiscal or local job impact associated with this recommendation. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
JOHN GROSS
INTERIM DIRECTOR OF FINANCIAL MANAGEMENT
APPROVED:
THOMAS B. MODICA
CITY MANAGER