May 2, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Receive and file the application of Moston Restaurant Group 2.0 LLC, dba District 4 Pizza, for an original application of an Alcoholic Beverage Control (ABC) License at 2123 N. Bellflower Boulevard, submit a Public Notice of Protest to ABC; and, direct the City Manager to withdraw the protest if a Conditional Use Permit Exemption (CUPEX) is granted. (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
The applicant has not filed for a CUPEX. Provided the Planning Commission approves the CUPEX, the recommendation includes a request to direct the City Manager to withdraw the Public Notice of Protest. City Council action is request on May 2, 2023, to respond to the Department of Alcoholic Beverage Control by the May 4, 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 Councilmembers 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.
Office of the Chief of Police
400 West Broadway Long Beach, CA 90802
(562) 570-7301
&
HONORABLE MAYOR AND CITY COUNCIL
May 2, 2023
FISCAL IMPACT
There is no fiscal impact associated with this recommendation.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
WALLY HEBEISH
CHIEF OF POLICE
ATTACHMENTS
APPROVED:
THOMAS B. MODICA
CITY MANAGER
HONORABLE MAYOR AND CITY COUNCIL
May 2, 2023
Council District: 4
Applicant: Moston Restaurant Group 2.0 LLC
D B A : D i s t r i c t 4 P i z z a
Address: 2123 N. Bellflower Boulevard
Type of Application: Type 41 - An Original Application for an O n-Sale Beer and Wine for a Bona Fide Public Eating Place License.
Bases for possible protest: Over concentration
PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and N e c e s s i t y is not required for this application.
Census Tract: 5749.01
Boundaries: Stearns Street to the North
Abbeyfield Street to the South
Bellflower Boulevard to the East
Montair Avenue to the West
Number of licenses allowed: 4
Number of licenses existing: 7
Police Reporting District: 563
Boundaries: Stearns Street to the North
Atherton Street to the South
Bellflower Boulevard to the East
Clark Avenue to the West
Reported crimes in this district for ABC purposes are 26. Crime in a reporting district must be at least 66 to qualify for a high crime protest.
Type of business: Restaurant
Last day to request
conditions and protest: May 4, 2023
Date: May 2, 2023
To: File
From: Krizty Kiger, Detective, Vice Investigations Section Subject: DISTRICT 4 PIZZA - 2123 N. BELLFLOWER BOULEVARD CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (3/15/22 - 3/15/23) Call Type Call Type Description Disposition
459A Audible Burglar Alarm Bad Order Alarm
Unwelc Unwelcome Guest Advised
ABC INSPECTIONS (Past three years)
Not applicable.
RESIDENCES WITHIN 100 FEET
None.
CHURCHES, SCHOOLS, PARKS, HOSPITALS AND PLAYGROUNDS WITHIN 600 FEET None.
Memorandum
COLB Levine Act Statement Page 1 of 2
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 pendin g, 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:
x The Mayor and Councilmembers - https://www.longbeach.gov/officials/ x Harbor Commissioners - https://polb.com/commission
x Water Commissioners - https://lbwater.org/about-us/current-water-commissioners/ x Planning Commissioners - https://www.longbeach.gov/mayor/action/commissions/ x Parks and Recreation Commissioners - https://www.longbeach.gov/mayor/action/commissions/ x Board of Examiners, Appeals, and Condemnation - https://www.longbeach.gov/mayor/action/commissions/ x Cultural Heritage Commission - https://www.longbeach.gov/mayor/action/commissions/ x 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 t he anticipated date of any Cit y 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 2 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 Cit y 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, preclu de the identified City Officers from participating in any actions related to this license, permit, or contract.
____
Date
_____________________________________
Signature of authorized individual
___________________
Type or write name of authorized individual
___________________
Type or write name of company
04-06-2023
Ian Moston
District 4 Pizza
✔
April 21, 2023
Hani Abuershaid
Supervising Agent In Charge
Department of Alcoholic Beverage Control
3950 Paramount Boulevard, Suite No. 250
Lakewood, California 90712
Re: Receive and file the application of Moston Restaurant Group 2.0 LLC, dba District 4 Pizza, for an original application of an Alcoholic Beverage Control (ABC) License at 2123 N. Bellflower Boulevard, submit a Public Notice of Protest to ABC; and, direct the City Manager to withdraw the protest if a Conditional Use Permit Exemption (CUPEX) is granted. (District 4)
Dear Hani Abuershaid:
Please be advised that the Long Beach City Council, at its meeting held Tuesday, May 2, 2023 approved the request to file a protest regarding the subject application based on the fact that licensing the premises would be contrary to City of Long Beach zoning ordinances, since a Conditional Use Permit (CUP) is required.
The City Council also approved the City Manager to withdraw the protest if the City's Planning Commission approves a Conditional Use Permit Exception (CUPEX) and if no appeal is made during the 10 -day appeal period for the CUP EX. It is anticipated that th e CUPEX will be acted upon by the Planning Commission, and once the appeal period has elapsed, a letter will be transmitted to ABC withdrawing the City's protest.
Enclosed is a copy of the City Council documentation and a certified excerpt of the minutes for your file. The City of Long Beach thanks you for your assistance in this matter.
Respectfully submitted,
MONIQUE DE LA GARZA
CITY CLERK
Prepared by:
Tamela Austin
Attachment
cc: Suely Saro, Councilwoman, Sixth District
Mayor
City Prosecutor
Police Department (2) Chief & Vice
Referral File
Office of the City Clerk
411 West Ocean Boulevard, 11th Floor, Long Beach, CA 90802 (562) 570-6101
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