CITY OF
LONG
Department of Financial Management
411 West Ocean Boulevard, 6th Floor
Long Beach, CA 90802
(562) 570-6425
April 5, 2022
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
H-25
Receive the supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for entertainment without dancing to Long Beach Tiki, LLC, dba The Bamboo Club, at 3522 E. Anaheim Street. (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.
HONORABLE MAYOR AND CITY COUNCIL
April 5, 2021
• 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 & Ready to Eat Foods with Alcohol since April 2001. The business changed ownership to Long Beach Tiki, LLC, in January 2019.
This matter was reviewed by Principal Deputy City Attorney Richard F. Anthony on March 10, 2022.
TIMING CONSIDERATIONS
The hearing date of April 5, 2022, 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 $1,442.00 (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 $397.04, Employee Rate $20.62 per employee and Annual Entertainment Regulatory Fee $342.00 (Financial Management Department).
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
J<w__ ~
KEVIN RIPER
DIRECTOR OF FINANCIAL MANAGEMENT
ATTACHMENTS: A - FM CONDITIONS
B-SUMMARY
C - FIVE YEAR HISTORY
D-MAP
E - BUSINESS LICENSE APPLICATION
F - ENTERTAINMENT PERMIT APPLICATION
G - INFOR PRINT OUT
H - PD CONDITIONS
APPROVED:
THOMAS B. MODICA
CITY MANAGER
LONG BEACH TIKI LLC dba THE BAMBOO CLUB
3522 E Anaheim Street, Long Beach, CA 90804
Attachments Summary:
Attachment A FM Conditions
Attachment B Summary of Application for
Entertainment Permit
Attachment C Five Year History of Business
Establishment
Attachment D Map
Attachment E Business License Application
Attachment F Entertainment Application Packet
Attachment G INFOR print out
Attachment H PD Conditions
Department of Financial Management
411 West Ocean Boulevard, 6th Floor
Long Beach, CA 90802
(562) 570-6425
Recommended Conditions of Operation
Long Beach Tiki LLC dba The Bamboo Club
3522-24 E Anaheim Street
Application for Entertainment Without Dancing
The Department of Financial Management recommends approval of the Permit subject to the following conditions:
I. STANDARD CONDITIONS OF OPERATION
1) The operation of the establishment shall be limited to those activities and elements expressly indicated on the permit application and approved by the City Council. Any change in the operation, which exceeds the conditions of the approved permit, will require that a new permit application be submitted to the City Council for their review and approval.
2) Unless separately applied for, reviewed, and approved, no adult entertainment, as defined by section 5.72.115(B) LBMC shall be conducted on the permitted premises.
3) The establishment shall remain in compliance with all applicable sections of the Long Beach Noise Ordinance (LMBC Chapter 8.80).
4) This Entertainment Permit is an accessory to the primary business. The authorization to provide entertainment on-site is subject to the use remaining a bona fide eating place serving actual and substantial meals. “Meals” means the usual assortment of foods commonly ordered at various hours of the day; the service of such food only as sandwiches or salads shall not be deemed compliant with this requirement. Meals must consist of food prepared on the premises.
Hours of sales of alcohol shall be limited to the hours when meals are available.
The premises must be equipped and maintained in good faith. The premises must possess working refrigeration, cooking equipment, utensils, menus, and enough food to make substantial meals. In the event the primary business ceases operation, fails to operate as a bona fide eating place, fails to serve actual and substantial meals, or otherwise fails to comply with this condition, the Entertainment Permit becomes null and void.
5) Due to the proximity of neighboring businesses and residences, all door(s) and windows shall be kept closed at all times during any entertainment, except in cases of emergency and to permit deliveries. Said door(s) is not to consist solely of a screen or ventilated security door. Sound shall not be audible beyond fifty feet (50’) from the exterior of the premises in any direction. Outdoor amplified entertainment is prohibited.
Department of Financial Management
411 W. Ocean Blvd., 6th Floor, Long Beach, CA 90802
(562) 570-6211 FAX (562) 499-1097
ATTACHMENT A
6) The permittee shall not allow employees to discard trash or beer bottles into the outside dumpster between the hours of 10:00 P.M. and 7:00 A.M. 7) Deliveries to and from the premises shall be limited to the hours of 8:00 A.M. to 10:00 P.M.
8) During all times that the entertainment activities are being conducted, the permittee shall provide an adequate security staff to supervise patrons inside the establishment. For crowds up to fifty (50) people, the permittee shall provide a minimum of one (1) uniformed security guard. For crowds over fifty (50) people, the permittee shall provide a minimum of one (1) additional security guard per fifty (50) people.
The attire of each security guard shall clearly indicate the guard's affiliation with the establishment by means of a pin, shirt, or other visible form of identification.
Should the permittee’s operations give rise to a substantial increase in complaint/calls for police service, or trash left in the parking lot, the permittee shall increase security staff, implement the use of electronic metal detection equipment, increase outside lighting, or make other changes to the premises or operation as the Chief of Police determines are necessary to protect the safety of the public.
9) The permittee shall take reasonable measures to prohibit and prevent the loitering of persons immediately outside any of the entrance/exit doors and the parking lot, at all times while open for business. This should be done by use of security guards and signage indicating words to the effect of, “Please respect our neighbors” or something similar.
10) At the conclusion of each event, the permittee shall take reasonable measures to ensure that exiting patrons walk directly to their vehicles, and not loiter in the front of the establishment, the parking lot or the immediate area. 11) The permittee agrees to reimburse the City for all costs associated with excessive police services, as determined by the Chief of Police, required as the result of any incident or nuisance arising out of or in connection with the permittee’s operations.
12) Current occupancy loads shall be posted at all times, and the permittee shall have an effective system to keep count of the number of occupants present at any given time and provide that information to public safety personnel upon request. (LBMC section 18.48.320).
13) Any graffiti painted or marked upon the premises, or on any adjacent area under the control of the licensee, shall be removed or painted over within 24 hours of being applied.
14) The business, or agents, shall not distribute any advertising matter such as signs, posters, or promotional cards, in or upon any public property, or in or on any vehicle in any such place in the City. Distribution of any advertising matter upon private property shall adhere to the following guidelines: By placing the same matter in a receptacle, clip, or other device designed or intended to receive advertising matter. The permittee shall keep all promoter contracts, including names, addresses, and phone numbers, on file at all times, and be available for inspection at any time.
15) The permittee shall be responsible for maintaining free of litter the premises and the area adjacent to the licensed premises over which they have control. 16) The permittee shall install and maintain a video surveillance system that monitors no less than the front and rear of the business with full view of the public right-of- ways and any parking lot under the control of the permittee. The video system must be capable of delineating on playback the activity and physical features of persona and areas within the premises. Recordings shall be retained for a minimum of 30 days and be accessible via the Internet by the Long Beach Police Department. A Public Internet Protocol (IP) address and user name/password is also required to allow the Long Beach Police Department to view live and recorded video from these cameras over the internet. All video security cameras shall be installed to the satisfaction of the Chief of Police, Director of Technology Services, and Director of Development Services. At the discretion of the Chief of Police, the permittee may be required to add additional video cameras. 17) The permittee shall ensure that all employees attend an alcohol awareness class such as TIPS or LEAD, within the first ninety (90) days of employment. In the event that the LEAD program class is not offered within this ninety-day period, the permittee shall attend the next available class. Proof of completion shall be kept on file at the business and shall be available for inspection at any time. 18) The permittee shall maintain full compliance with all applicable laws, ABC laws, ordinances, and stated conditions. In the event of a conflict with the requirements of this permit, your conditional use permit, or your Alcoholic Beverage Control license, the more stringent regulation shall apply.
19) An identification card scanner shall be used for all patrons entering the establishment after 10:00 PM for the sole purpose of verifying patron age and/or authenticity of a patron’s driver’s license or identification card.
II. ADDITIONAL CONDITIONS OF OPERATION
1) Entertainment activities indicated on Page 7 of your entertainment application shall be restricted from 12:00 PM to 10:00 PM, Sunday through Thursday, and 12:00 PM to 11:00 PM Friday through Saturday.
2) All promoters and independent contractors must have or obtain a City of Long Beach Business License prior to conducting entertainment activities governed by this permit. The permittee shall be responsible for all entertainment activities at the location, including those conducted by promoters or independent contractors. 3) The permittee must provide all promoters, independent contractors, and dancers, hired to conduct entertainment activities with a copy of the approved permits, which shall include a copy of the approved conditions of operation. The permittee shall not hire promoters with the intent to advertise/promote or hold any entertainment activities consistent with nightclub entertainment 4) The permittee shall develop and maintain a plan to address neighborhood concerns, related to the operation of Long Beach Tiki dba The Bamboo Club, (i.e. newsletter, meetings, etc.)
5) Interior lighting shall be sufficient to make easily discernible the appearance and conduct of all persons and patrons inside the business.
III. In the event that any of the recommended conditions attached to any permit or license is in conflict, the permittee shall adhere to the strictest of the applicable conditions. In addition, please be advised that your permit is subject to administrative review every two years from the date this permit is issued. If grounds exist for modification, revocation, or suspension of the permit, a hearing will be held.
SUMMARY OF APPLICATION FOR ENTERTAINMENT PERMIT
Attached for your review and action is an application for Long Beach Tiki, LLC dba The Bamboo Club. Also, attached are reports from various departments stating their recommended disposition of the subject application. These are summarized as follows:
SUBMITTED FOR CITY COUNCIL ACTION
Without
Concern
With
Conditions
With
Concerns
Police Department X
Fire Prevention Bureau X
Health and Human Services Department/Noise Control X
Development Services Department X
Questions concerning the above may be directed to the following:
Police Department, Chief of Police ………………………………………… 570-7301 Fire Department, Fire Prevention Bureau ………………………………… 570-2500 Health and Human Services Department, Noise Control……………......... 570-4130 Development Services Department…………………………....................... 570-6623 Compiled by: Department of Financial Management
Business Services Bureau
Department of Financial Management
411 W. Ocean Blvd. 6th Floor Long Beach, CA 90802
(562) 570-6211 FAX (562) 499-1097
ATTACHMENT B
FIVE YEAR HISTORY OF BUSINESS ESTABLISHMENT
3522 E ANAHEIM STREET
LONG BEACH TIKI LLC Entertainment Without Dancing with Alcohol dba THE BAMBOO CLUB
Lic # BS22107760
7/2021 – Pending
LONG BEACH TIKI LLC Restaurant & Ready to Eat Food with Alcohol dba THE BAMBOO CLUB
Lic # BU21900107
1/2019 – Current
McCarthy’s Bar Group Inc Restaurant & Ready to Eat Food with Alcohol dba Tidal Bay Beach Bar
Lic # BU21034880
08/2010 – 04/2019
McCarthy’s Bar Group Inc Pool Tables (2 or less)
dba Liquid Lounge
Lic # BS21034870
08/2010 – 04/2019
McCarthy’s Bar Group Inc Entertainment Without Dancing (Alcohol) dba Liquid Lounge
Lic # BU21034890
08/2010 – 04/2012
James W Mc Cullah Commercial/Industrial Space Rental
Lic # BU91057660
12/1991 – Current
Department of Financial Management
411 W. Ocean Blvd. 6th Floor Long Beach, CA 90802
(562) 570-6211 FAX (562) 499-1097
ATTACHMENT C
>ŽŶŐĞĂĐŚdŝŬŝ͕>>ĚďĂdŚĞĂŵůƵď
ϯϱϮϮ
ŶĂŚĞŝŵ^ƚƌĞĞƚ͕>ŽŶŐĞĂĐŚ͕ϵϬϴϬϰ
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
2/28/22, 8:34 AM License Application InfoViewer
clbinforapp1/HANPRD/ 1/2
2/28/2022 08:33
INFORMATION - LICENSE # BS22111007
License Type BS
Application Type
Description Secondary Business License
Primary Applicant
Primary Applicant
Last Name LONG BEACH TIKI LLC
Address 3522 E ANAHEIM ST LONG BEACH CA 90804
Location INCLUDES 3522-3524
License is Pending.
Current milestone is Council Approval.
Current unpaid amount of $0.00.
Account: BS22111007
License Description
Status Dates
Processed Date 7/23/2021 14:43
by
Start Date 7/23/2021 00:00
by
Inactive Date
by
Last Renewal
by
Next Renewal
Expires
Grace Exp
End Date
by
License Description
Property Type COM
License Category 300508
Business Name LONG BEACH TIKI LLC
DBA Name THE BAMBOO CLUB
Detailed Description of Business Activities
ENTERTAINMENT WITHOUT DANCING (ALCOHOL)
Application Reason NEWLICENSE
Description Entertainment Without Dancing (Alcohol)
HH/MH: Total # Units 0
Census Tract 0
Council District 4
License Details
Application Details
Description Log
Application Information Log
GIS Log
Conditions of Approval Log
Hearing Preparation Checklist Log
Endorsements
(Tab Not Loaded)
Reviews
(Tab Not Loaded)
Inspections
(Tab Not Loaded)
ATTACHMENT G
2/28/22, 8:34 AM License Application InfoViewer
clbinforapp1/HANPRD/ 2/2
Conditions
(Tab Not Loaded)
Fees
(Tab Not Loaded)
Applicants
Contact Information
Name LONG BEACH TIKI LLC
First Name,
MI
Middle Initial
Contact Type MAILING
Address 3522 ANAHEIM STREET
Address Line 2
City LONG BEACH
State/Province CA
ZIP/PC 90804
Country
Title
Expiration Date
Day Phone (949)439-7287
Mobile Number
E-Mail
Foreign no
Corr. Delivery Mail
Company Name
Internet ID Type 1
ID 1
Internet ID Type 2
ID 2
(No Data)
Additional Applicants
Applicant Type Capacity Last Name First Name Professional ID Primary DBA Effective Expire Comments OtherContact OFFICER RITSON JAMES 33 1/3% OWNERSHIP
OtherContact OFFICER VERDUZCO-VEGA ERICK 33 1/3 %
OtherContact OFFICER GALLO BRETT 33 1/3% OWNED
Sites
(Tab Not Loaded)
Employees
(Tab Not Loaded)
Related Records
(Tab Not Loaded)
Logs
(Tab Not Loaded)
Attachments
(Tab Not Loaded)
Date: January 25, 2022
To: Wally Hebeish, Chief of Police
From: Robert Smith, Deputy Chief, Investigations Bureau Subject: APPLICATION FOR AN ENTERTAINMENT WITHOUT DANCING PERMIT AT THE BAMBOO CLUB – 3522-24 EAST ANAHEIM STREET
The Long Beach Police Department recommends approval of the applicat ion for an Entertainment with out Dancing Permit, at Long Beach Tiki , LLC , dba The Bamboo Club , located at 3522-24 East Anaheim Street, subject to the conditio ns provided in the attached memorandum.
Background
The Bamboo Clun is a local restaurant and bar that offers alcoholic beverages, beer, wine and distilled spirits, and showcases a variety of events and entertainment. The establishment is located in the 3500 block of Anaheim Street, on the southside of the street. The current owner for the business is Long Beach Tiki , LLC, since March of 2019 . The Bamboo Club has valid ABC licenses Type 47 (On-Sale General Eating Place), Type 58 (Caterer Pe rmit), and Type 77 (Event Permit) Alcoholic Beverage Control License . This is a new application for the ownership.
The ABC license Type 47 authorizes the sale of beer, wine and distilled spirits for consumption on the license d premises and the sale of beer and wine for consumption off the license d premises. The establishment must operate and maintain the licensed premises as a bona fide eating place and maintain suitable kitchen facilities. The establishment must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises.
The Bamboo Club applied for an Entertainment with out Dancing Permit requesting outdoor entertainment, dancing by performers, live music by more than two (2) performers , live and recorded amplified music, a disc jockey and karaoke. They requested to provide entertainment from 11:00 AM to 12:00 AM, Monday through Sunday.
Crime Analysis
As part of the review process by the Long Beach Police Department, calls for service, crime reports, and arrests were evaluated at the above location for a t wo-year period between December 23, 2019 through December 23, 2021. There were 20 calls for service, one (1) incident reported, and no arrests attributable to the business. The calls for service consisted of a group disturbance, dispute call and an incomplete 911 call . There were 14 audible burglar alarm calls and a silent robbery alarm call . The alarm calls resulted in faulty systems and employees accidentally discharging the alarms.
Memorandum
ATTACHMENT H
TheBambooClubApprovalMemo
January 19, 2022
There was a person with a gun call where two subjects attempted to enter the establishment during closing time, but they were turned away by an employee. One subject lifted his shirt and revealed a handgun in the waistband. The subject did not brandish the weapon. Both subjects left the area without further incident. The establishment did not desire a police report and the call was cleared advised.
The incident report was for a burglary that had occurred. Three subjects burglarized the business while the establishment was closed for business and removed several cases of distilled spirits and other miscellaneous items.
There was one (1) call for service, no crime reports and no arrest attributable to the business from December 24, 2021 through January 24, 2022. The call for service consisted of an Audible Burglar Alarm.
Patrol Division
East Division Patrol Acting-Commander Paul Gallo was contacted for an opinion regarding the issuance of this permit. Patrol has not had any problems with the establishment, and he is not opposed to the issuance of an Entertainment without Dancing Permit, provided the proper conditions of operation are imposed and observed by the establishment and ownership.
Resident Contacts
As part of this investigation, Vice detectives responded to The Bamboo Club, located at 3522- 24 Anaheim Street , and contacted residents within 100 feet of the establishment for their opinion on entertainment activities at the business. Detectives determined there are two (2) multi-unit apartment complexes within this distance. There are approximately twenty-nine (29) residents within these two (2) residential buildings.
There were seven (7) residents were opposed to the proposed entertainment activity. The residents were concerned about loud patrons, loud music, disturbances and drunk patrons walking in the streets. Other concerns were parking issues and illegal use of recycle bins.
The remaining residents, within the one hundred feet, have not responded; a letter was mailed for them requesting they contact the Vice Investigations Section of the Long Beach Police Department.
Vice Investigation
As part of this investigation, Vice Detectives met with Erick Verduzco-Vega, Brett Gallo and James Ritson, owners of The Bamboo Club and discussed the calls for service and the proposed entertainment permit conditions. Erick confirmed the establishment will provide outdoor entertainment, dancing by performers, live music by more than two (2) performers, live and recorded amplified music, a disc jockey and karaoke. They requested to provide entertainment from 11:00 AM to 12:00 AM, Monday through Sunday.
TheBambooClubApprovalMemo
January 19, 2022
The Police Department is recommending entertainment activities shall be restricted to no later than 10:00 PM Sunday through Thursday and 11:00 PM Fridays and Saturdays.
Entertainment can begin at 12:00 PM every day of the week Monday through Sunday.
Detectives also went to this location in an undercover capacity on three separate occasions.
On Tuesday December 22, 2021, at approximately 1925 hours, Detectives walked by The Bamboo Club, located at 3522-24 East Anaheim Street. The business had parking for patrons just west of the property. However, due to the CDC considerations for COVID-19 for restaurants/bars, half of the parking lot was converted into an outdoor dining/patio area.
Parking was not an issue as there was plenty of street parking.
Detectives entered the business and noticed a U-shaped bar at the center of the business.
There were tables and chairs along the walls for patrons to sit and order food/beverages. The business appeared to be at 40 percent occupancy. The restaurant played music over the speakers (no disc jockey) reasonably where detectives could still hold a conversation without interruptions.
On Tuesday January 11, 2022, Detectives entered the business at approximately 1815 hours. Detectives observed approximately four subjects sitting at the bar and another six at the tables along the walls of the business. The music was at a reasonable noise level where detectives could hold a conversation and order beverages with the server.
On Thursday January 13, 2022, at approximately 2100 hours, detectives responded to the establishment. Once at the business approximately 50 feet north of the front entrance detectives could not hear any music coming from the business. Detectives observed a uniformed security guard staffing the front door.
During their visit’s detectives did not observe any subjects dancing within the business. The crowd sizes were minimal and everyone inside were respectful with each other. The parking and parking lot was not an issue.
Detectives did not observe any violations during their visits to The Bamboo Club.
Recommendation
Based upon the Police Department’s Investigation, The East Division Acting Patrol Commander’s recommendation, and the crime a nalysis, the Long Beach Police Department has determined the public’s peace, safety, and welfare would not be adversely impacted by the issuance of this permit, provided the appropriate conditions are imposed and observed by the applicant. The Police Department recommends approval of an Entertainment without Dancing Permit.
RS:JG:jg
AppvlMemoTheBambooClub