TITLE
Recommendation to receive supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for Entertainment without Dancing to GreenTable Hospitality, Inc., dba Ubuntu Café, at 335 Nieto Avenue. (District 3)
DISCUSSION
The Long Beach Municipal Code (LBMC) requires an application be filed and a hearing held before the City Council whenever this type of activity is requested and before an entertainment permit (Permit) is granted or denied.
The LBMC also requires the City Council to approve the issuance of the 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) nor any responsible persons have a history of committing significant violations of the City of Long Beach (City) code and have not provided false or misleading information on their application.
The City Council has the authority to approve the following options: (1) grant the Permit, with or without conditions; or (2) deny the Permit on the application. Once the Permit is granted, pursuant to LBMC 5.72.120.5, the Permit will be subject to an administrative review by the Financial Management Department every two years. This review process will consist of a multi-department analysis to determine compliance and identify if issues exist. This provision does not affect the City’s ability to modify, revoke, or suspend a permit at any time.
City departments have conducted their investigations in accordance with the LBMC. Attached are the departmental investigative reports, history, entertainment permit application, and floor plan.
The following summarizes departmental findings:
• The Police Department recommends that the Permit for entertainment without dancing be approved, subject to conditions.
• The Fire Department finds the building/location meets department requirements for the proposed use.
• The Health and Human Services Department finds the building/location meets department requirements for the proposed use. As part of the Department of Health and Human Services conditions, the applicant provided the necessary documentation acknowledging compliance with the Noise Ordinance.
• The Development Services Department finds the building/location meets department requirements for the proposed use.
The Financial Management Department, Business Services Bureau, has thoroughly reviewed all submitted department documents and correspondence and recommends the Permit for entertainment without dancing be approved subject to conditions (attached).
In the event that any of the recommended conditions conflict with other permits or licenses, the permittee must adhere to the strictest of the applicable conditions. This location has been licensed as a Restaurant and Ready to Eat Foods with Alcohol since March 2020.
This matter was reviewed by Deputy City Attorney Monica Kilaita on December 27, 2022.
TIMING CONSIDERATIONS
The hearing date of January 17, 2023, has been posted at 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 $23.30 and Zoning Review $33.00 (Development Services Department), Police Investigation $1,483.00 (Police Department) and Mailing List $90.00 (Financial Management Department).
The following fees will be collected if the application is approved: Business License Annual Tax $412.96, Employee Rate $21.41 per employee and Annual Entertainment Regulatory Fee $371.00 (Financial Management Department).
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
KEVIN RIPER
DIRECTOR OF FINANCIAL MANAGEMENT
APPROVED:
THOMAS B. MODICA
CITY MANAGER