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100422-H-24sr&att.pdf

Long Beach City Council
October 4, 2022

Document
100422-H-24sr&att.pdf
Meeting
October 4, 2022
Body
Long Beach City Council
Original file
25.7 MB
Text extracted from the city's file for reading and search. Open the original on longbeach.legistar.com. That file is the official record.

SPFISH LB, LLC DBA SAN PEDRO FISH MARKET ON ALAMITOS BAY 6550 Marina Drive, Long Beach, CA 90803
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

Rec
ommended Conditions of Operation
Third Planet LLC dba Vine
2142 E. 4th 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 permittee shall comply with the requirements of LBMC Section 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 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) 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.

Department of Financial Management
411 W. Ocean Blvd., 6th Floor, Long Beach, CA 90802
(562) 570-6211 FAX (562) 499-1097

ATTACHMENT A
5) D
ue to the proximity of neighboring liveaboard boats in The Marina, 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. 6) The permittee shall not allow employees to discard trash or beer bottles into the outside dumpster between the hours of closing 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 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) A
ny 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) San Pedro Fish Market on Alamitos Bay, 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. 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) E
ntertainment activities indicated on Page 7 of your entertainment application shall be restricted to no later than 11:30 P.M. Monday through Sunday.

Ent
ertainment can begin at 5:00 P.M. every day of the week Monday through Sunday. All outdoor entertainment shall be restricted to no later than 10:00 P.M. every day of the week, Monday through Sunday.
2) All current and new alcohol servers and managers must be certified by an accredited RBS training provider and pass an ABC exam within 60 calendar days from date of employment. Responsible Beverage Service (RBS) Training Program is mandatory by The Department of Alcoholic Beverage Control. For more information please visit https://www.abc.ca.gov/education/rbs. 3) A
ny night where organizations, such as car clubs, motorcycle clubs, or any organization who are also patrons of the San Pedro Fish Market on Alamitos Bay and may congregate in the parking lot, the permittee shall staff one (1) security guard for crowds over (50) patrons to monitor activity inside the establishment to include the adjacent parking lot and any area under the control of the licensee, between the hours of 5 p.m. and ½ hour after closing. Security Guards shall ensure that patrons conduct themselves in a peaceful manner as not to disturb any nearby businesses and liveaboard vessels.
4) 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.
5) The permittee shall not hire promoters with the intent to advertise/promote or hold any entertainment activities consistent with nightclub entertainment. 6) 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. 7) The permittee shall develop and maintain a plan to address neighborhood concerns, related to the operation of the establishment (i.e. newsletter, meetings, etc.).
8) 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 boardwalk or boat docks. 9) The permittee shall not convert the restaurant, or any portion thereof, into a dance/night club. All entertainment activities shall be conducted in conjunction with regular dining or pre-planned banquet activities. A banquet is defined as a function held at a bona fide eating place wherein complete and substantial meals are provided to the persons in attendance by the management of the restaurant where the function is being held. Fast food, snacks, and hors d'oeuvres shall not constitute a complete and substantial meal.
10) The speaker volume in the patio area shall be kept at a low level, so as not to disturb any other businesses or residents. If any noise or disturbance complaints can be attributed to the speaker volume in the patio area, the permittee shall modify or remove existing speakers at the direction of the Chief of Police. 11) Entertainment shall not be offered on any day that the restaurant is closed.

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 SPFISH, LB LLC dba San Pedro Fish Market on Alamitos Bay . 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
6550 MARINA DRIVE, LONG BEACH CA 90803
SPFISH LB, LLC Entertainment Without Dancing (Alcohol)
dba San Pedro Fish Market on
Alamitos Bay
Lic # BS22205573
04/2022 – Pending
SPFISH LB, LLC Restaurant & Ready to Eat Food with Alcohol dba San Pedro Fish Market on
Alamitos Bay
Lic # BU21904160
01/2020 – Present
Crab Addison INC Entertainment With Dancing (Alcohol)
dba Joe’s Crab Shack
Lic # BU98040210
11/1998 – 02/2014
Joe’s Crab Shack LLC Restaurant & Ready to Eat Foods
dba Joe’s Crab Shack
Lic # BU98040200
10/1998 – 11/2017
Department of Financial Management
411 W. Ocean Blvd. 6th Floor Long Beach, CA 90802
(562) 570-6211 FAX (562) 499-1097

ATTACHMENT C
SPFISH LB, LLC dba San Pedro Fish Market on Alamitos Bay

6550 Marina Drive, Long Beach, CA 90803

ATTACHMENT D

ATTACHMENT E

ATTACHMENT F

9/12/22, 9:57 AM License Application InfoViewer
clbinforapp1/HANPRD/ 1/2
9/12/2022 09:57
INFORMATION - LICENSE # BS22205573
License Type BS
Application Type
Description Secondary Business License
Primary Applicant
Primary Applicant
Last Name SPFISH LB, LLC
Address 6550 MARINA DR LONG BEACH CA 90803
Location
License is Pending.

Current milestone is Council Approval.

Current unpaid amount of $0.00.

Account: BS22205573
License Description
Status Dates
Processed Date 4/15/2022 11:42
by Marla Camerino
Start Date 4/15/2022 00:00
by Marla Camerino
Inactive Date
by
Last Renewal
by
Next Renewal
Expires
Grace Exp
End Date
by MACAMER
Last Modified 9/12/2022 09:56
License Description
Property Type COM
License Category 300508
Business Name SPFISH LB, LLC
DBA Name SAN PEDRO FISH MARKET ON ALAMITOS BAY
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 3
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
9/12/22, 9:57 AM License Application InfoViewer
clbinforapp1/HANPRD/ 2/2
Conditions
(Tab Not Loaded)
Fees
(Tab Not Loaded)
Applicants
Contact Information
Name SPFISH LB, LLC
First Name,
MI
Middle Initial
Contact Type MAILING
Address 3435 WILSHIRE BLVD, STE 1030
Address Line 2
City LOS ANGELES
State/Province CA
ZIP/PC 90010
Country
Title
Expiration Date
Day Phone (310)832-4251
Mobile Number
E-Mail [email protected]
Foreign no
Corr. Delivery Mail
Company Name
Internet ID Type 1
ID 1
Internet ID Type 2
ID 2
Last 4 Digits 0280
Customer# 1392149
(No Data)
Additional Applicants
Applicant TypeCapacityLast NameFirst NameProfessional IDPrimary DBAEffectiveExpireComments OtherContact OFFICER UNGARO MICHAEL 16.77%
OtherContact OFFICER AMALFITANO THOMAS 83.23%
Sites
(Tab Not Loaded)
Employees
(Tab Not Loaded)
Related Records
(Tab Not Loaded)
Logs
(Tab Not Loaded)
Attachments
(Tab Not Loaded)

ATTACHMENT H

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