TITLE
Recommendation to approve terms of a proposed settlement between the City and Libra Partners, LLC, relative to the revocation of Entertainment Permit No. BU20147980 (740 East Broadway).
(District 2)
DISCUSSION
On August 2, 2005, the City Council referred this matter, involving the
revocation of Entertainment Permit No. BU20147980 issued to Libra Partners, LLC,
(dba “Choices,” formerly “Hamburger Mary’s”) to a hearing officer. A hearing was
scheduled for December 6, 2005 to address repeated entertainment permit violations
stemming from un-permitted adult entertainment performances. On that date, a
tentative settlement was reached between the City and Libra Partners, LLC (“Libra”),
subject to approval by the City Council.
The proposed settlement entails a voluntary agreement between the City and
Libra. Libra has voluntarily admitted to violating previously understood and agreed to
conditions of its Entertainment Permit No. BU20147980 by providing adult
entertainment, and has agreed to stipulate to a factual basis as to each alleged
violation of its permit. By the agreement, Libra has also agreed to waive its right to
present evidence and/or cross examine witnesses regarding the violations in any
subsequent proceeding, and has agreed to waive its right to further revocation
hearings, reconsideration and/or appeal, and any other claims involving Long Beach
Entertainment Permit No. BU20147980 as it pertains to the alleged violations.
Libra has also agreed to henceforth prohibit all agents, employees and
independent contractors from providing adult style entertainment at 740 East
Broadway. Further, Libra has agreed to suspend all forms of permitted
entertainment activity for a period of thirty (30) consecutive days. The suspension
shall commence no earlier than January 6,2006, and shall be completed on or
before March 31 , 2006. Additionally, Libra has agreed to pay hearing officer costs,
one (I) hour of prevailing wages for City staff who were prepared to ...
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