CITY OF
LONG
Department of Financial Management
411 West Ocean Boulevard, 6th Floor
Long Beach, CA 90802
(562) 570-6425
June 21, 2022
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
H-22
Receive the supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for entertainment with dancing to House of Pain INC, dba The Bird, at 1253 E. 4th Street. (District 2)
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 with 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
June 21, 2022
• 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 with 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 Bar, Tavern, Lounge since May 2021.
This matter was reviewed by Deputy City Attorney Arturo D. Sanchez on June 1, 2022.
TIMING CONSIDERATIONS
The hearing date of June 21, 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 $1,483.00 (Police Department), and Mailing List $90.00 and Temporary Entertainment Permit Fee $454.00 (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 $352.00 (Financial Management Department).
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
J~ ~'1
KEVIN RIPER
DIRECTOR OF FINANCIAL MANAGEMENT
ATTACHMENTS: A - FM CONDITIONS
B- SUMMARY OF APPLICATION
C - FIVE YEAR HISTORY
D-MAP
E - BUSI NESS LICENSE APPLICATION
F - ENTERTAINMENT PERMIT APPLICATION
G - INFOR PRINT OUT
H - Po CONDITIONS
APPROVED:
THOMAS B. MODICA
CITY MANAGER
HOUSE OF PAIN INC dba THE BIRD
1253 East 4th Street, Long Beach, CA 90802
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
House of Pain INC dba The Bird
1253 East 4th Street, Long Beach, CA 90802
Application for Entertainment With 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). In addition, in response to a complaint, the Police Department will enforce Penal Code Section 415 (disturbing the peace) and all other state and local provisions related to the "public peace." Permittee shall conduct all aspects of his or her operation, including before and after -hours deliveries and maintenance, in consideration of residences located nearby. Permittee agrees that the following standard is reasonable: Noise emanating from Permittee's premises shall not be audible from the middle of the street adjoining the premises. 4) 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 fifty feet (50’) from the exterior of the premises in any direction.
5) 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.
6) Deliveries to and from the premises shall be limited to the hours of 8:00 A.M. to 10:00 P.M.
7) 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) Department of Financial Management
411 W. Ocean Blvd., 6th Floor, Long Beach, CA 90802
(562) 570-6211 FAX (562) 499-1097
ATTACHMENT A
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 secu rity 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.
8) The permittee shall t ake 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.
9) 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. 10) 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. 11) 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 pu blic safety personnel upon request. (LBMC section
18.48.320).
12) 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.
13) The Bird , or its 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. 14) 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. 15) The permittee shall install and mai ntain 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 t he 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.
16) 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.
17) 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.
18) An identification card scanner shall be used for all patrons entering the establishment at the start and during entertainment activities for the sole purpose of verifying patron age and/or authenticity of a patron’s driver license or identification card.
II. ADDITIONAL CONDITIONS OF OPERATION
1) Entertainment activities indicated on your entertainment application shall be restricted to no later than 11:00 PM Monday through Wednesday and 12:00 AM Thursday through Sunday. Entertainment can begin at 6:00 PM Monday through Wednesday and 12:00 PM Thursday through Sunday.
2) The permittee is required to monitor the outside patio area for any nuisance activity that could disturb the surrounding neighbors. This shall be done by utilizing security guards or employees.
3) The permittee must provide all promoters, independent contractors, and dancers, hired to conduct entertainment activities with a copy of the approved permit, which shall include a copy of the approved conditions of operation. 4) The permittee shall develop and maintain a plan to address neighborhood concerns, related to the operation of the establishment. (i.e. newsletter, meetings, etc.) 5) The permittee and/or security shall also ensure that no employee, patron, or entertainer loiters in the parking lot at any time during the operation of the business.
The permittee shall not allow any employee, patron or entertainer, to exit and loiter near the side or rear doors leading to the alley or adjacent building not in the control of the business.
6) The parking lot shall be equipped with lighting of sufficient p ower to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. The position of such lighting shall not disturb the normal privacy and use of any neighboring residences.
7) No owner, operator or manager s hall permit any person under the age of twenty -one (21) years within the premises, at any time, during the hours of operation. 8) Interior lighting shall be sufficient to make easily discernible the appearance and conduct of all persons and patrons inside the business. 9) Entertainment shall not be offered on any day that the bar/nightclub is closed. 10) Patrons awaiting entry in a defined “queue” shall be restricted to 4th Street and the line must extend in safe manner of the business. There shall be no “queue” allowed after 11:00 PM, Monday through Wednesday nights and 12:00 AM Thursday through Sunday nights. A ll persons gathering outside after the allowed hours shall be considered to be loitering. The public right of way (sidewalk), or an entrance to any business shall not be blocked at any time.
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.
ATTACHMENT A
SUMMARY OF APPLICATION FOR ENTERTAINMENT PERMIT
Attached for your review and action is an application for House of Pain INC dba The Bird.
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
1253 E 4TH STREET
House of Pain INC Entertainment With Dancing (Alcohol)
dba The Bird
Lic # BS22116172
10/2021 – Pending
House of Pain INC Pool Tables (2 or less)
dba The Bird
Lic # BS22116172
10/2021 – Current
House of Pain INC Bar, Tavern, Lounge
dba The Bird
Lic # BU22107468
5/2021 – Current
Sharp Beach INC Amusement Machines
Fern’s Cocktails
Lic # BS20434830
07/2004 – 07/2021
Sharp Beach INC Pool Hall (3+ tables)
Fern’s Cocktails
Lic # BS20434840
07/2004 – 11/2020
Sharp Beach INC Entertainment Without Dancing (Alcohol) Fern’s Cocktails
Lic # BS20434860
07/2004 – 11/2020
Sharp Beach INC Bar, Tavern, Lounge
Fern’s Cocktails
Lic # BU20434820
07/2004 – 11/2020
Elsie Burwell Lee Trust Commercial/Industrial Space Rental Lic # BU07029370
08/1985 – Present
Department of Financial Management
411 W. Ocean Blvd. 6th Floor Long Beach, CA 90802
(562) 570-6211 FAX (562) 499-1097
ATTACHMENT C
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ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
ATTACHMENT G
Date: March 3, 2022
To: Tara Mortensen, Bureau Manager, Business Relations Bureau From: Wally Hebeish, Chief of Police
Subject: APPLICATION FOR AN ENTERTAINMENT WITH DANCING PERMIT AT THE BIRD – 1253 EAST 4TH STREET
In response to your request for a recommendation regarding the above -named permit application for Entertainment with Dancing, the Police Department recommends approval, subject to the following standard conditions of operation.
The Bird is a local bar and nightclub that offers alcoholic beverages, beer, wine and distilled spirits. The Bird showcases a variety of events and entertainment events. The establishment is located in the 1200 block of East 4th Street, on the northside of the street. The current owner for the business is House of Pain, Incorporated. The Bird has a valid Type 48 (On-Sale General Public Premises) Alcoholic Beverage Control License. This is a new application for the ownership.
The Bird applied for an Entertainment w ith Dancing Permit requesting dancing by patrons, guests, customers, participants and attendees, live music by more than two (2) performers, live and recorded amplified music, a disc jockey and karaoke. They requested to provide entertainment from 6:00 PM to 1:00 AM, Monday through Wednesday and 9:00 AM to 1:00 AM, Thursday through Sunday.
The Police Department is recommending entertainment activities shall be restricted to no later than 11:00 PM Monday through Wednesday and 12:00 AM Thursday through Sunday.
Entertainment can begin at 6:00 PM Monday through Wednesday and 12:00 PM Thursday through Sunday.
Based upon the Police Department’s Investigation, The South Division Acting Patrol Commander’s recommendation, and the crime analysis, th e 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 recom mends approval of an Entertainment with Dancing Permit.
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.
Memorandum
ATTACHMENT H
The Bird Conditions Memo
March 3, 2022
2) Unless separately applied for, reviewed, and approved, no adult entertainment, as defined by section 21.15.110 LBMC shall be conducted on the permitted premises.
3) Entertainment activities indicated on your entertainment application shall be restricted to no later than 11:00 PM Monday through Wednesday and 12:00 AM Thursday through Sunday. Entertainment can begin at 6:00 PM Monday through Wednesday and 12:00 PM Thursday through Sunday.
4) The permittee shall not allow employees to discard trash or beer bottles into the outside dumpster between the hours of 10:00 PM and 7:00 AM.
5) An identification card scanner shall be used for all patrons entering the establishment at the start and during entertainment activities for the sole purpose of verifying patron age and/or authenticity of a patron’s driver license or identification card.
6) 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
7) 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-way’s 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 username/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 camer as 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
8) 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.
9) Any graffiti painted o r 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.
10) 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. The permittee shall keep employees’ proof of completion on file and have it available for inspection at any time.
The Bird Conditions Memo
March 3, 2022
11) 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, the more stringent regulation shall apply.
12) The permittee is required to monitor the outside patio area for any nuisance activity that could disturb the surrounding neighbors. This shall be done by utilizing security guards or employees.
13) The permittee shall provide a minimum of one (1) licensed security guard during all times that the entertainment activities are being conducted for crowds up to fifty (50) people.
For crowds over fifty (50) people, the permittee shall provide a minimum of one (1) additional security guard per fifty (50) people. Patrons awaiting entry in a defined queue shall be counted toward the calculation of required security staffing levels.
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 operation give rise to a substantial increase in complaint/calls for service, or trash left in the parking lot, the permittee shall increase security staff, implement the use of electronic meta l detection equipment, increase outside lighting, or make other changes to the premise or operation as the Chief of Police determines are necessary to protect the safety of the public.
14) The permittee shall take reasonable measures to prohibit and prev ent 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 utilizing security guards and signage with verbiage such as, “Please respect our neighbors,” or something similar.
15) The permittee must provide all promoters, independent contractors, and dancers, hired to conduct entertainment activities with a copy of the approved permit, which shall include a copy of the approved conditions of operation.
16) The Bird, or its agents, shall not distribute any advertising matter such as signs, posters, or promotional cards, in or upon any public property, any vehicle, or in any other such place in the City of Long Beach. Distribution of any advertising matte r 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 agent contracts, including names, addresse s, and phone numbers, on file at all times, and be available for inspection at any time.
17) 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 parking lot or the immediate neighboring area.
18) Deliveries to and from the premises shall be limited to the hours of 8:00 a.m. to 10:00 p.m.
The Bird Conditions Memo
March 3, 2022
19) The permittee shall develop and maintain a plan to address neighborhood concerns, related to the operation of the establishment. (i.e. newsletter, meetings, etc.)
20) The permittee shall comply with the requirements of LBMC Sec. 8.80 (Noise) at all times.
In addition, in response to a complaint, the Police Department will enforce Penal Code Section 415 (disturbing the peace) and all other state and local provisions related to the “public peace.” Permittee shall conduct all aspects of his or her operation, including before and after -hours deliveries and maintenance, in consideration of residences located n earby. Permittee agrees that the following standard is reasonable: Noise emanating from Permittee’s premises shall not be audible from the middle of the street adjoining the premises.
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 fifty feet (50’ ) from the exterior of the premises in any direction.
21) The permittee and/or security shall also ensure that no employee, patron, or entertainer loiters in the parking lot at any time during the operation of the business.
The permittee shall not allow any employee, patron or entertainer, to exit and loiter near the side or rear doors leading to the alley or adjacent building not in the control of the business.
22) The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. The position of such lighting shall not disturb the normal privacy and use of any neighboring residences.
23) No owner, operator or manager shall permit any person under the age of twenty -one (21) years within the premises, at any time, during the hours of operation.
24) Interior lighting shall be sufficient to make easily discernible the appearance and conduct of all persons and patrons inside the business.
25) Entertainment shall not be offered on any day that the bar/nightclub is closed.
26) Patrons awaiting entry in a defined “queue” shall be restricted to 4 th Street and the line must extend in safe manner of the business. There shall be no “queue” allowed after 11:00 PM, Monday through Wednesday nights and 12:00 AM Thursday through Sunday nights. All persons gathering outside after the allowed hours shall be c onsidered to be loitering. The public right of way (sidewalk), or an entrance to any business shall not be blocked at any time.
WH:JG:jg
CondMemoHouseofPain.TheBird