Cities Index.
052422-C-13. ABC Letter

Long Beach City Council
May 24, 2022

Document
052422-C-13. ABC Letter
Meeting
May 24, 2022
Body
Long Beach City Council
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1
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Text extracted from the city's file for reading and search. Open the original on longbeach.legistar.com. That file is the official record.

May 26, 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 Double Cream , LLC, dba Oh La Vache, for an original application of an Alcoholic Beverage Control License, at 2112 East 4 th Street.

Dear Mr. Beach:

Please be advised that the Long Beach City Council, at its meeting held Tuesday, May 24, 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 t he City Manager to withdraw the protest if the City's Planning Commission app roves a Conditional U se Permit Exemption (CUPEX) and if no appeal is made during th e 10-day appeal perio d for the CUPEX. It is anticipated that the CUPEX will be acted upon by the P lanning Commission, and once t he appeal period has elapsed, a letter will be transmi tted to ABC withdrawing the Ci ty'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:

Karen Baldwin

Attachment

cc: Cindy Allen, Councilwoman, Second 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
May 24, 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 and file the application of Double Cream, LLC, dba Oh La Vache, for an original application of an Alcoholic Beverage Control (ABC) License, at 2112 East 4th Street; determine that the application serves the Public Convenience and Necessity; 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 2)

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 April 11, 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 May 24, 2022, to respond to the Department of Alcoholic Beverage Control by the May 31, 2022 due date.

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

SUGGESTED ACTION:

Approve recommendation.

Respectfully submitted,

WALLY H BEISH

CHIEF OF POLICE

ATTACHMENTS
APPROVED:
~
THOMAS B. MODICA

CITY MANAGER

HONORABLE MAYOR AND CITY COUNCIL
May 24, 2022
Council District:

Applicant:

OBA:

Address:

Type of Application:

Bases for possible protest:
2 Double Cream, LLC
Oh La Vache
2112 East 4th Street
Type 20 - An Original Application of an Off-Sale Beer
& Wine for a Package Store License.

High crime
Over concentration
Residences within 100 feet
Church within 600 feet
School within 600 feet
Park within 600 feet
PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and Necessity is required for this application.

Census Tract:

Boundaries:

Number of licenses allowed:

Number of licenses existing:

Police Reporting District:

Boundaries:
5768.01
7th Street/4th Street to the North
3rd Street/Appleton Street to the South
Molino Avenue to the East
Cherry Avenue to the West
2 3
434
4th Street to the North
Broadway to the South
Lindero Avenue to the East
Cherry Avenue to the West
Reported crimes in this district for ABC purposes are 99. 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
May 31, 2022

CITY OF
LONG Memorandum
Date: May 24, 2022
To: File
From: Jose Gonzalez, Detective, Vice Investigations Section Subject: OH LA VACHE - 2112 EAST 4TH STREET
CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (4/11/21 - 4/11/22) None
ABC INSPECTIONS (Past three years)
Not applicable
RESIDENCES WITHIN 100 FEET
2133 East 4th Street
2125 East 4th Street
2117 East 4th Street
2111 East 4th Street
2127 East Florida Street
2125 East Florida Street
2123 East Florida Street
2121 East Florida Street
2105 East Florida Street
Multi Family Residence
Single Family Residence
Multi Family Residence
Single Family Residence
Single Family Residence
Single Family Residence
Single Family Residence
Single Family Residence
Multi Family Residence
CHURCHES, SCHOOLS, PARKS, HOSPITALS AND PLAYGROUNDS WITHIN 600 FEET 370 Junipero Avenue
501 Junipero Avenue
Junipero, Wisconsin,
4th Street & 3rd Street
Our Savior's Lutheran Church
Luther Burbank Elementary School
Carroll Park

Page 1 of 1 ends

AN EXCERPT FROM THE MINUTES OF

THE LONG BEACH CITY COUNCIL MEETING
HELD TUESDAY, May 24, 2022

CONSENT CALENDAR: (05:07 PM)

13. (22-0593) Recommendation to receive and file the application of Double Cream, LLC, dba Oh La Vache, for an original application of an Alcoholic Beverage Control (ABC) License, at 2112 East 4th Street; determine that the application serves the Public Convenience and Necessity; 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 2)

Suggested Action:

Approve recommendation

Motion: Approve Consent Calendar Items 1 - 17.

Moved by Councilwoman Price, seconded by Councilmember Uranga.

Vote: Approve Consent Calendar Items 1 - 17.(Carried 6-0) Yes: Councilwoman Zendejas, Councilwoman Price, Councilman Supernaw, Councilwoman Mungo, Councilmember Uranga, and Councilman Austin.

Absent: Councilwoman Allen, Councilwoman Saro, Vice Mayor Richardson.

CERTIFIED AS A TRUE AND CORRECT COPY

_________________________

CITY CLERK OF THE CITY OF LONG BEACH

DATE: May 24, 2022

By: Karen Baldwin, City Clerk Specialist

1 Karen Baldwin
From: Fax2Mail powered by OpenText <[email protected]> Sent: Thursday, May 26, 2022 10:45 AM
To: Karen Baldwin
Subject: City of Long Beach - Double Cream, LLC dba Oh La Vache ‐EXTERNAL‐

MAIL2FAX DETAILED DELIVERY REPORT
Attention  DLA Admin
Job Number  1584448763
Sent By User   F2M/30565075606
Entered Fax2Mail System   05/26 10:23
Report Generated  05/26 10:45
Subject  City of Long Beach ‐ Double Cream, LLC dba Oh La Vache Page Count  6 (including cover sheet)

SUMMARY
Sent: 0  Errors: 1  Cancelled: 0
Total: 1

Destination  Status  Date  Time  Num. Retries
5629821396   NOAN  05/26  10:44  3

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