Agenda Report
Fullerton City Council
MEETING DATE: FEBRUARY 1, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: JEFFREY W. COLLIER, ACTING CITY MANAGER
PREPARED BY: RICHARD D. JONES, CITY ATTORNEY
HAROLD W. POTTER, DEPUTY CITY ATTORNEY
SUBJECT: FINDINGS AND ORDER OF THE FULLERTON CITY COUNCIL REGARDING APPEAL OF DENIAL OF THE JP23 URBAN KITCHEN ENTERTAINMENT PERMIT RENEWAL APPLICATION
SUMMARY
On December 16, 2021, the Fullerton City Council held a Special Meeting to hear the appeal of denial of entertainment permit from JP23, a Downtown Fullerton restaurant and bar. At the conclusion of the Special Council Meeting, City Council took the matter under review.
At the January 18, 2022 City Council Meeting, in Closed Session, City Council provided their decision on the appeal to the City Attorney. At the beginning of the Regular Session, the City Attorney reported that City Council voted 4 – 0 – 1 (Absent: Dunlap) in Closed Session to support the recommendation of the Fullerton Police Chief to issue an Entertainment Permit with limited evening hours.
RECOMMENDATION
Direct Chief of Police to issue an Entertainment Permit to JP23 with hours of entertainment ceasing at 11:00 p.m. on Sunday, Monday, Tuesday and Wednesday and at 12:00 a.m. on Thursday, Friday and Saturday, in accordance with Fullerton Municipal Code Section 3.08.110.
Direct Chief of Police to review the JP23 Entertainment Permit in nine months from issuance date.
Direct Chief of Police to limit the entertainment permit occupancy, under the current CUP terms and conditions, to 299.
Direct Chief of Police to require queueing in the entertainment permit as set forth in the approved Security Plan.
Direct staff to assure the exterior lighting comes into compliance with the existing CUP prior to issuance of the entertainment permit.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statement:
Public Safety.
FISCAL IMPACT
None.
DISCUSSION
In 2019, the City of Fullerton revised the Fullerton Municipal Code (FMC) pertaining to Entertainment Permits in Downtown Fullerton, including FMC Section 3.08.150 – Operational Restriction Procedures. The Section 3.08.150 says, in part, that if a permittee fails to comply with the baseline operational requirements and/or conditions of approval of the Entertainment Permit, the Chief of Police may call a Remedy Meeting.
Based on input from other city departments, calls for police service and criminal investigations related to JP23, the Chief of Police called a Remedy Meeting at the Fullerton Police Department on August 27, 2021. After considering all evidence, the Chief of Police made recommendations regarding some business operation changes and indicated the City would issue an Entertainment Permit with limited hours. The applicant, JP23, requested an appeal to the limited hour restrictions in the Entertainment Permit. In accordance with the FMC, the Chief of Police denied the application for the renewal of the Entertainment Permit to trigger the hearing process.
Restricting the hours of entertainment through the Entertainment Permit does not require the business to close or cease the sales of alcoholic beverages. The Conditional Use Permit and Alcohol Beverage License issued to the establishment cover business hours and alcohol sales.
Attachments:
Attachment 1 – Findings and Order
JP 23 Entertainment Permit Appeal
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