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032222-C-13.ABC Letter.pdf

Long Beach City Council
March 22, 2022

Document
032222-C-13.ABC Letter.pdf
Meeting
March 22, 2022
Body
Long Beach City Council
Pages
1
Original file
312 KB
Text extracted from the city's file for reading and search. Open the original on longbeach.legistar.com. That file is the official record.

March 25, 2022
Mr. Brad D. Beach
Supervising Agent In Charge
Department of Alcoholic Beverage Control
3950 Paramount Boulevard, Suite No. 250
Lakewood, California 90712
Re: Application of Dion & Sons Marine Fuels, Incorporated, dba Alamitos Bay Marina Fuel Dock, for an original application of an Alcoholic Beverage Control License, at 227 North Marina Drive Atlantic Avenue.

Dear Mr. Beach:

Please be advised that the Long Beach City Council, at its meeting held Tuesday, March 22, 2022 approved the request to file a protest regarding the subject application based on the fact that licensing the premises would be contrary to City of Long Beach zoning ordinances, since a Conditional Use Permit (CUP) is required.

The City Council also approved the City Manager to withdraw the protest if the City's Planning Commission approves a Conditional Use Permit Exemption (CUPEX) and if no appeal is made during the 10-day appeal period for the CUPEX. It is anticipated that the CUPEX will be acted upon by the Planning Commission, and once the appeal period has elapsed, a letter will be transmitted to ABC withdrawing the City's protest.

Enclosed is a copy of the City Council documentation and a certified excerpt of the minutes for your file. The City of Long Beach thanks you for your assistance in this matter.

Respectfully submitted,

MONIQUE DE LA GARZA

CITY CLERK
Prepared by:

Kyle Smith
Attachment
cc: Suzie Price, Councilwoman, Third District
Mayor
City Prosecutor
Police Department (2) Chief & Vice
Referral File
FAX forwarded to ABC, (562) 982-1396
Office of the City Clerk
411 West Ocean Boulevard, 11th Floor, Long Beach, CA 90802 (562) 570-6101

CITY OF
LONG
March 22, 2022

HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:

Office of the Chief of Police
400 West Broadway Long Beach, CA 90802
(562) 570-7301
C-13
Receive the application of Dion & Sons Marine Fuels, Incorporated, dba Alamitos Bay Marina Fuel Dock, for an original application of an Alcoholic Beverage Control (ABC) License, at 227 North Marina Drive; submit a Public Notice of Protest to ABC; and direct the City Manager to withdraw the protest if a Conditional Use Permit (CUP) is granted. (District 3)

DISCUSSION
It is City Council policy to review applications for ABC licenses to determine if a basis for protest against the issuance of the license exists. The attached application lists the possible bases for protest.

TIMING CONSIDERATIONS
The Department of Alcoholic Beverage Control received the above application on January 31, 2022. The applicant is still in the planning stages and has not yet received a CUP.

Provided the Planning Commission approves the CUP, the recommendation includes a request to direct the City Manager to withdraw the Public Notice of Protest. City Council action is requested on March 22, 2022, to respond to the Department of Alcoholic Beverage Control by the March 23, 2022, due date.

FISCAL IMPACT
There is no fiscal impact associated with this recommendation.

SUGGESTED ACTION:

Approve recommendation.

Respectfully submitted,

WALLY BEISH

CHIEF OF POLICE

ATTACHMENTS
APPROVED:

THOMAS B. MODICA

CITY MANAGER

HONORABLE MAYOR AND CITY COUNCIL
March 22, 2022
Council District:

Applicant:

OBA:

Address:

Type of Application:

Bases for possible protest:
3 Dion & Sons Marine Fuels, Incorporated
Alamitos Bay Marina Fuel Dock
227 North Marina Drive
An Original Application of an Off-Sale Beer & Wine
Package Store License
High crime
Over concentration
Residences within 100 feet
Park within 600 feet
PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and Necessity is required for this application.

Census Tract: 5776.04
Boundaries:

Number of licenses allowed:

Number of licenses existing:

Police Reporting District:

Boundaries:

Marine Stadium to the North
County Line to the South
Pacific Coast Highway/County Line to the East
Marine Stadium to the West
0 6
623
2nd Street/Naples Island to the North
Alamitos Bay/San Gabriel River to the South
Pacific Coast Highway/County Line to the East
Alamitos Bay to the West
Reported crimes in this district for ABC purposes are 128. Crime in a reporting district must be at least 97 to qualify for a high crime protest.

Type of business:

Last day to request
conditions and protest:

A package store
March 23, 2022

CITY OF
LONG Memorandum
Date: March 22, 2022
To: File
From: Jose Gonzalez, Detective, Vice Investigations Section Subject: ALAMITOS BAY MARINA FUEL DOCK • 227 NORTH MARINA DRIVE CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (1/31/21 - 1/31/22) 925 Suspicious Person Advised
ABC INSPECTIONS (Past three years)
Not applicable
RESIDENCES WITHIN 100 FEET
227 North Marina Drive Alamitos Bay Marina Basin #1 - Boat Slips CHURCHES, SCHOOLS, PARKS, HOSPITALS AND PLAYGROUNDS WITHIN 600 FEET 225 North Marina Drive Maurice "Mossy" Kent Park

Page 1 of 1 ends

AN EXCERPT FROM THE MINUTES OF

THE LONG BEACH CITY COUNCIL MEETING
HELD TUESDAY, March 22, 2022

CONSENT CALENDAR: (05:16 PM)

13. (22-0323) Recommendation to receive the application of Dion & Sons Marine Fuels, Incorporated, dba Alamitos Bay Marina Fuel Dock, for an original application of an Alcoholic Beverage Control (ABC) License, at 227 North Marina Drive; submit a Public Notice of Protest to ABC; and direct City Manager to withdraw the protest if a Conditional Use Permit (CUP) is granted. (District 3)
Suggested Action: Approve recommendation.

Motion: CONSENT CALENDAR: (1 - 16)
Moved by Councilmember Uranga, seconded by Councilman Austin.

Vote: CONSENT CALENDAR: (1 - 16)(Carried 9-0)
Yes: Councilwoman Allen, Councilwoman Price, Councilman Supernaw, Councilwoman Mungo, Councilwoman Saro, Councilmember Uranga, Councilman Austin, Vice Mayor Richardson, and Councilwoman Zendejas.

CERTIFIED AS A TRUE AND CORRECT COPY

_________________________

CITY CLERK OF THE CITY OF LONG BEACH

DATE: March 25, 2022

By: Kyle Smith, City Clerk Specialist

From: Fax2Mail powered by OpenText
To: Kyle J. Smith
Subject: City of Long Beach - Alamitos Bay Marina Fuel Dock ABC Letter Date: Friday, March 25, 2022 5:05:42 PM
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Attention DLA Admin
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Subject City of Long Beach - Alamitos Bay Marina Fuel Dock ABC Letter
Page Count 6 (including cover sheet)

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