May 9, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Receive and file the application of Ai California LLC , dba Aldi, for an original application of an Alcoholic Beverage Control (ABC) License, at 955 E. Anaheim Street, determine that the application serves the public convenience and necessity, submit a Public Notice of Protest to ABC; and, direct the City Manager to withdraw the protest if a Conditional Use Permit (CUP) is granted. (District 6)
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 appl ication lists the possible basis for protest.
TIMING CONSIDERATIONS
City Council action is request on May 9, 2023, to respond to the Department of Alcoholic Beverage Control by the May 12, 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 thi s proceeding any contribution of more than $250 made to the M ayor 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 thei r 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
C-12
HONORABLE MAYOR AND CITY COUNCIL
May 9, 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
Date: May 9, 2023
To: File
From: Krizty Kiger, Detective, Vice Investigations Section
Subject: ALDI - 955 E. ANAHEIM STREET
CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (03/23/22 - 03/23/23)
None.
ABC INSPECTIONS (Past three years)
Not applicable.
RESIDENCES WITHIN 100 FEET
1326 Martin Luther King Jr Avenue Single Family Residence 1328 Martin Luther King Jr Avenue Single Family Residence 1333 Martin Luther King Jr Avenue Single Family Residence 1339 Martin Luther King Jr Avenue Single Family Residence
CHURCHES, SCHOOLS, PARKS, HOSPITALS AND PLAYGROUNDS WITHIN 600 FEET
1471 Martin Luther King Jr Avenue Christ Second Baptist Church
Memorandum
HONORABLE MAYOR AND CITY COUNCIL
May 9, 2023
Council District: 6
Applicant: Ai California, LLC
DBA: Aldi
Address: 955 E. Anaheim Street
Type of Application: Type 20 - An Original Application for an Off-Sale Beer & Wine Package Store License
Bases for possible protest: Over concentration
Residences within 100 feet
Church within 600 feet
PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and Necessity is required for this application.
Census Tract: 5753
Boundaries: New York/14th Street to the North
Anaheim Street to the South
Martin Luther King Jr Avenue to the East
Myrtle Avenue to the West
Number of licenses allowed: 2
Number of licenses existing: 3
Police Reporting District: 303
Boundaries: 15th Street to the North
Anaheim Street to the South
Martin Luther King Jr Ave to the East
Atlantic Avenue to the West
Reported crimes in this district for ABC purposes are 33. Crime in a reporting district must be at least 66 to qualify for a high crime protest.
Type of business: Grocery Store
Last day to request
conditions and protest: May 12, 2023
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 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/commissions/ • Cultural Heritage Commission - https://www.longbeach.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 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 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, pr eclude the identified City Officers from participating in any actions related to this license, permit, or contract.
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Date
_____________________________________
Signature of authorized individual
___________________
Type or write name of authorized individual
___________________
Type or write name of company