Appeal of the Denial of Business License Application
JP23 Hospitality Company
Presented by the Department of Financial Management
City Council Meeting - August 23, 2022
Summary
Options for Action
“After review of the Hearing Officer's report, the City Council may adopt, reject or modify the recommended decision.” (LBMC Section 2.93.050 B 8)
History
▪ 8 criminal citations and 2 safety violations with a cease-and-desist order, and many more instances of non-compliance
▪ Meetings, phone calls, emails with staff
▪ 4 letters provided to notify, educate and acknowledge non-compliant business activity ▪ Resident complaints include noise, littering, loitering, illegal parking, fighting, and others ▪ More than 30 Calls for Service to LBPD, including music disturbances (15), fights (5), battery (4), drunk in public, parking and others
▪ 7 City Departments communicating with this business
2 Business Location and Physical Design
3 ▪ 110 East Broadway, at the
corner of Broadway and Pine
▪ Second Floor Unit, open
air design
▪ Downtown Dining and
Entertainment District (DDED)
▪ Downtown Plan Area
Timeline: ABC and Initial Grand Opening Event
4 January 23, 2018 City Council action to receive and file the application of JP23 Hospitality Company, dba JP23 Smokehouse BBQ & Sports Restaurant, for a premise to premise and person to person transfer of an Alcoholic Beverage Control (ABC) license at 110 East Broadway.
August 3, 2021 Public comment/complaint received at City Council meeting regarding several businesses on Pine including JP23.
September 1, 2021 Received complaint from community member regarding grand opening advertised for September 3rd and 4th, 2021.
Timeline: Labor Day Weekend 2021
5 ▪ Premises under construction
and no Temporary Occupancy
Permit (TCO)
▪ After contact with multiple
departments, event posted as
relocated
▪ Event advertised and
selling tickets for
September 3 & 4, 2021
▪ Photos taken
September 1, 2021
Timeline: Fall 2021
6 September 3 & 4, 2021 An Event does occur and LBPD responds, and then later LBFD and LBPD respond just before 4am to false fire alarm call
September 16, 2021 JP23 Hospitality Co. submitted a completed Business License Application September 17, 2021 2 Notice of Violations for occupancy without approval, and order to cease and desist all public use at the site until approved September 24, 2021 JP23 Hospitality Co. submitted application for Temporary Occupancy Permit (TCO)
October 9, 2021 JP23 Hospitality began advertising open for business (TCO not issued until October 11, with still no Business License)
October 14, 15, 16, 20, &
21, 2021
5 Misdemeanor Citations - operating without a business license LBMC Section 3.80.421 - Investigation
▪ LBMC Section 3.80.421.1A
✓ Director of FM has a duty to ensure a business “will comply with applicable fire, building safety, zoning, health and other laws and regulations.”
✓ The application is transmitted to the appropriate depts (DV, Fire, Health, PD, FM) to ascertain compliance.
▪ LBMC Section 3.80.421.1B
Allows for operation while the investigation continues and expires 180 days after completed application was received.
Conditions: Complete all actions required to obtain a final CO, comply with all applicable laws and regulations, and resolve the misdemeanor citations.
“The applicant may be rejected for failure to comply with applicable laws and regulations at any time”
Timeline: Conditional Business License Issued on Nov 3rd 7 Timeline: Fall 2021, Holiday Season and Winter 2022
8 November 3, 2021 Virtual Meeting: Discussed issuance of a Conditional Business License Letter: Provided during the meeting and answered questions December 9 and 23, 2021 2 Misdemeanor Citations: Operating without an Entertainment Permit December 29, 2021 Letter: Notice that non-compliant activities would impact business license
January 25, 2022 Virtual Meeting: Review of process & Entertainment Permit regulations January 28, 2022 Misdemeanor Citation: Operating without an Entertainment Permit February 9, 2022 Letter: Notice of unpermitted live events advertised for Super Bowl weekend, and action would be taken if events were to continue February 10, 11, 12, 2022 Unpermitted live events occur and are documented Timeline: Super Bowl Weekend
9 Timeline: Spring 2022
10 March 14, 2022 City denied business license application March 23, 2022 Received appeal request timely
April 7, 2022 Letter: Nuisance warning to property owner April 12, 2022 City Council referred to a hearing officer April 28, 2022 Inspection Report: Unpermitted mezzanine and stage area, stop use order issued
May 4, 2022 Letter: Notice regarding unpermitted event
May 10 – June 8, 2022 Hearing
May 27, 2022 Court order to cease all entertainment
July 15, 2022 Hearing Officer’s Report issued
Appeal of the Denial of Business License Application
JP23 Hospitality Company
Presented by the Department of Financial Management