CITY OF
LONG
Department of Financial Management
411 West Ocean Boulevard, 6th Floor
Long Beach, CA 90802
(562) 570-6425
January 17, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
H-15
Receive the supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for entertainment without dancing to GreenTable Hospitality, Inc., dba Ubuntu Cafe, at 335 Nieto Avenue. (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 ye~rs; 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. As part of the Department of Health and Human Services conditions, the applicant provided the necessary documentation acknowledging compliance with the Noise Ordinance.
HONORABLE MAYOR AND CITY COUNCIL
January 17, 2023
• 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 and Ready to Eat Foods with Alcohol since March 2020.
This matter was reviewed by Deputy City Attorney Monica Kilaita on December 27, 2022.
TIMING CONSIDERATIONS
The hearing date of January 17, 2023, 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 (Financial Management Department).
The following fees will be collected if the application is approved: Business License Annual Tax $412.96, Employee Rate $21.41 per employee and Annual Entertainment Regulatory Fee $371.00 (Financial Management Department).
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
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N RIPER
DIRECTOR OF FINANCIAL MANAGEMENT
ATTACHMENTS: A - FM CONDITIONS
B-SUMMARY
C- FIVE YEAR HISTORY
D-MAP
E- BUSINESS LICENSE APPLICATION
F - ENTERTAINMENT APPLICATION PACKET
G - INFOR PRINT OUT
H - PD CONDITIONS
APPROVED:
THOMAS B. MODICA
CITY MANAGER
GREENTABLE HOSPITALITY, INC DBA UBUNTU CAFÉ
335 Nieto Avenue, Long Beach, CA 90814
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
GreenTable Hospitality, Inc dba Ubuntu Café
335 Nieto Avenue
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 requ ire 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 entertainmen t, 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.
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 closing hours 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) The permittee shall employ his/her own discretion in determining the level of security necessary to prevent violations of law and any other disturbances arising out of or in connection with business operations. Should the permittee's operations give ri se to a substantial increase in complaints/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 wor ds 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) Ubuntu Café, 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 sa me 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 empl oyment. 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.
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 Depa rtment of Alcoholic Beverage Control. For more information please visit https://www.abc.ca.gov/education/rbs.
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.
II. ADDITIONAL CONDITIONS OF OPERATION
1) Entertainment activities indicated on Page 7 of your entertainment application shall be restricted to no later than 9:00 PM on Thursdays and Fridays.
Entertainment can begin at 5:00 PM on Thursdays and Fridays.
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 permits, which shall include a copy of the approved conditions of operation. The permittee shall not hire promoters with the intent to ad vertise/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 GreenTable Hospitality, Inc. dba Ubuntu Café (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 front, side or rear doors.
6) 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 bonafide 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.
7) 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 attr ibuted to the speaker volume in the patio area, the permittee shall modify or remove existing speakers at the direction of the Chief of Police.
8) 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 GreenTable Hospitality, Inc. dba Ubuntu Café. 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
335 NIETO AVENUE, LONG BEACH CA 90814
GreenTable Hospitality, Inc. Entertainment Without Dancing (Alcohol) dba Ubuntu Café
Lic # BS22211518
07/2022 – Pending
GreenTable Hospitality, Inc. Restaurant & Ready to Eat Food with Alcohol dba Ubuntu Café
Lic # BU22004274
05/2022 – Present
Nieto Corner LLC Etal Commercial/Industrial Space Rental Lic # BU07065415
10/2013 – Present
Department of Financial Management
411 W. Ocean Blvd. 6th Floor Long Beach, CA 90802
(562) 570-6211 FAX (562) 499-1097
ATTACHMENT C
GreenTable Hospitality, Inc. dba Ubuntu Café
335 Nieto Avenue, Long Beach, CA 90814
ATTACHMENT D
ATTACHMENT E
GREENTABLE HOSPITALITY, INC dba UBUNTU CAFE
BS22211518
ATTACHMENT F
12/20/22, 8:55 AM License Application InfoViewer
clbinforapp1/HANPRD/ 1/2
12/20/2022 08:55
INFORMATION - LICENSE # BS22211518
License Type BS
Application Type
Description Secondary Business License
Primary Applicant
Primary Applicant
Last Name GREENTABLE HOSPITALITY, INC
Address 335 NIETO AVE LONG BEACH CA 90814
Location
License is Pending.
Current milestone is Pending.
Current unpaid amount of $0.00.
Account: BS22211518
License Description
Status Dates
Processed Date 7/12/2022 16:18
by Marla Camerino
Start Date 7/12/2022 00:00
by Marla Camerino
Inactive Date
by
Last Renewal
by
Next Renewal
Expires
Grace Exp
End Date
by MACAMER
Last Modified 12/20/2022 08:04
License Description
Property Type COM
License Category 300508
Business Name GREENTABLE HOSPITALITY, INC
DBA Name UBUNTU CAFE
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
Endorsements
(Tab Not Loaded)
Reviews
(Tab Not Loaded)
Inspections
(Tab Not Loaded)
ATTACHMENT G
12/20/22, 8:55 AM License Application InfoViewer
clbinforapp1/HANPRD/ 2/2
Conditions
(Tab Not Loaded)
Fees
(Tab Not Loaded)
Applicants
Contact Information
Name GREENTABLE HOSPITALITY, INC
First Name,
MI
Middle Initial
Contact Type BUSINESS
Address 335 NIETO AVENUE
Address Line 2
City LONG BEACH
State/Province CA
ZIP/PC 90814
Country
Title
Expiration Date
Day Phone (310)488-3995
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
Customer# 1400340
(No Data)
Additional Applicants
Applicant Type Capacity Last Name First Name Professional ID Primary DBA Effective Expire Comments OtherContact OFFICER ESTEVES FELLIPPE 50% OWNER
OtherContact OFFICER SOLDATI DANIELLE 50% OWNER
Sites
(Tab Not Loaded)
Employees
(Tab Not Loaded)
Related Records
(Tab Not Loaded)
Logs
(Tab Not Loaded)
Attachments
(Tab Not Loaded)
ATTACHMENT H
Ubuntu Cafe Conditions Memo
August 31, 2022
Page4
19) Deliveries to and from the premises shall be limited to the hours of 8:00 a.m. to 10:00 p.m.
20) The permittee shall not allow employees to discard trash or beer bottles into the outside dumpster between closing hours and 7 a.m.
21) The permittee shall develop and maintain a plan to address neighborhood concerns, related to the operation of the establishment. (i.e. newsletter, meetings, etc.) 22) 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 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.
Due to the proximity of neighboring businesses an d 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.
23) 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 front, side or rear doors.
24) 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 bonafide 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. 25) 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. 26) Entertainment shall not be offered on any day that the restaurant is closed.
WH:JG:jg
CondMemoUbuntuCafe
Ubuntu Cafe Restaurant Approval Memo
August 31, 2022
Detectives observed tables and chairs along the eastern and southern portions of the restaurant for patrons to sit and drink their beverages. There were tables and chairs along the south part of the restaurant as well. The bar and kitchen section were located at the west section.
There were live performers playing music and singing during the detectives visit. The music was not amplified, and the sound was low and ambient.
On August 30, 2022, Detectives visited the establishment, Ubuntu cafe, a second time.
The restaurant was approximately at half its capacity during both visits. Ambient music played through the speakers at a reasonable level where detectives could hold a conversation without disruptions. Patrons inside the restaurant were respectful. No security staff was present on the property, but it did not appear that security was needed due to the maturity and behavior of the patrons.
During their visit's, detectives did not observe any subjects dancing within the business. The crowd sizes were moderate and everyone inside the establishment were respectful with each other. The parking lot and parking on the street was not heavily impacted.
Detectives did not observe any violations during their visits at Ubuntu Cafe.
Recommendation
Based upon the Police Department's Investigation, The East Division Commander's recommendation, and the crime analysis, 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.
DM:JG:jg
AppvlMemo Ubuntu Cafe