CITY OF
LONG
April 11, 2023
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-16
Receive and file the application of D'Vine Stearns, Incorporated, dba D'Vine Mediterranean Express, for an original application of an Alcoholic Beverage Control (ABC) License, at 5525 E. Stearns Street. (District 4)
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 basis for protest.
TIMING CONSIDERATIONS
City Council action is request on April 11 , 2023, to respond to the Department of Alcoholic Beverage Control by the April 14, 2023 due date.
LEVINE ACT
This item is subject to the Levine Act. The Mayor, Councilmembers, and Commissioners who have received a contribution of more than $250 within 12 months prior from a party, participant, or their representatives involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; OR (2) return the portion of the contribution that exceeds $250 within 30 days from the time the elected official knew or should have known about the contribution and participate in the proceeding.
All parties, participants, and their representatives must disclose on the record of this proceeding any contribution of more than $250 made to the Mayor or any Councilrnembers within 12 months prior to the date of the proceeding. The Mayor, Councilmembers, and Commissioners are prohibited from accepting, soliciting, or directing a contribution of more than $250 from a party, participant, or their representatives during a proceeding and for 12 months following the date a final decision is rendered.
HONORABLE MAYOR AND CITY COUNCIL
April 11, 2023
FISCAL IMPACT
There is no fiscal impact associated with this recommendation.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
~
CHIEF OF POLICE
ATTACHMENTS
APPROVED:
THOMAS B. MODICA
CITY MANAGER
HONORABLE MAYOR AND CITY COUNCIL
April 11, 2023
Council District:
Applicant:
OBA:
Address:
Type of Application:
Bases for possible protest:
4 D'Vine Stearns, Incorporated
D'Vine Mediterranean Express
5525 E Stearns Street
Type 41 - An Original Application for an On-Sale Beer and Wine for a Bona Fide Public Eating Place License.
High crime
Over concentration
PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and Necessity is not required for this application.
Census Tract:
Boundaries:
Number of licenses allowed:
Number of licenses existing:
Police Reporting District:
Boundaries:
5743
23rd Street to the North
Stearns Street to the South
Marwick Avenue to the East
Bellflower Boulevard to the West
6 4
653
Willow Street to the North
Stearns Street to the South
Palo Verde Avenue to the East
Bellflower Boulevard to the West
Reported crimes in this district for ABC purposes are 73. Crime in a reporting district must be at least 66 to qualify for a high crime protest.
Type of business:
Last day to request
conditions and protest:
A restaurant.
April 14, 2023
CITY OF
LONG Memorandum
Date: April 11, 2023
To: File
From: Krizty Kiger, Detective, Vice Investigations Section Subject: D'VINE MEDITERRANEAN EXPRESS - 5525 E. STEARNS STREET CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (2/23/22 - 2/23/23) Call Type
Unwelc
415
Call Type Description
Unwelcome Guest
Misc Disturbance
ABC INSPECTIONS (Past three years}
Not applicable.
RESIDENCES WITHIN 100 FEET
None.
Disposition
Advised
Civil
CHURCHES, SCHOOLS, PARKS, HOSPITALS AND PLAYGROUNDS WITHIN 600 FEET None.
CITY OF
LONGBE H
LEVINE ACT DISCLOSURE STATEMENT
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Long Beach City Councilmember, the Mayor, and Commissioner ("City Officer") from participating in any action related to a proceeding if they receive any political contributions totaling more than $250 within the previous twelve months, while a proceeding is pending, and for 12 months following the date a final decision in a proceeding concerning a license, permit, entitlement, franchise or, contract (collectively "license, permit, or contract") has been made, from the person or company awarded the said license or contract. The Levine Act also requires a City Officer that has received such a contribution to disclose the contribution on the record of the proceeding.
City Officers are listed at the following sites:
• The Mayor and Councilmembers - https://www.longbeach.gov/officials/ • Harbor Commissioners - https://polb.com/commission
• Water Commissioners - https://lbwater.org/about-us/current-water-commissioners/ • Planning Commissioners - https://www.longbeach.gov/mayor/action/commissions/ • Parks and Recreation Commissioners - https://www.longbeach.gov/mayor/action/commissions/ • Board of Examiners, Appeals, and Condemnation - https://www.longbeach.gov/mayor/action/cornmissions/ • Cultural Heritage Commission - https://www.lonqbeach.gov/mayor/action/commissions/ • Long Beach Community Investment Company - https://www.longbeach.gov/lbds/hn/lbcic/ Proposers are responsible for accessing these links to review the names prior to answering the following questions.
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City Officer in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract? □YES ~NO
If yes, please identify the City Officer(s):
COLB Levine Act Statement Page 1 of 2
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any City Officer in the 12 months following any City Council, Board, or Commission action related to this license, permit, or contract?
□ YES ~NO
If yes, please identify the City Officer(s):
Answering yes to either of the two questions above does not preclude the City of Long Beach from awarding a license, permit, or contract to your firm or any taking any subsequent action related to the said license, permit, or contract. It does, however, preclude the identified City Officers from participating in any actions related to this license, permit, or contract. 3/7/2023
Date Signature of authorized individual
Jamal Alarja
Type or write name of authorized individual
DVine Stearns Inc
Type or write name of company
COLB Levine Act Statement Page 2 of 2