June 6, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Receive and file the application of Tacomasa 1 LLC, dba Tacomasa, for an original application of an Alcoholic Beverage Control (AB C) license, at 4740 E. 7th Street #130, submit a Public Notice of Protest to ABC , and direct the City Manager to withdraw the protest if a Conditional Use Permit (CUP) or Conditional Use Permit Exemption (CUPEX) is granted. (District 3)
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 bases for protest.
TIMING CONSIDERATIONS
The Department of Alcoholic Beverage Control received the above application on April 14, 2023. The applicant is still in the planning stages and has not filed for a Conditional Use Permit ( CUP) or CUP Exemption (CUP EX). Provided the decision-making body approves the CUP or CUPEX, the recommendation includes a request to direct the City Manager to withdraw the Public Notice of Protest. City Council action is request ed on June 6, 2023, to respond to the Department of Alcoholic Beverage Control by the June 7, 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 sh ould 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 Office of the Chief of Police
400 West Broadway Long Beach, CA 90802
(562) 570-7301
C-20
HONORABLE MAYOR AND CITY COUNCIL
June 6, 2023
than $250 from a party, participant, or their representatives, during a proceeding and for 12 months following the date a final decision is rendered.
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: June 6, 2023
To: File
From: Krizty Kiger, Detective, Vice Investigations Section
Subject: TACOMASA - 4740 E. 7TH STREET #130
CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (4/14/22 - 4/14/23)
Call Type Call Type Description Disposition
459A Audible Burglar Alarm Unfounded
459A Audible Burglar Alarm Checks Okay
927B Broken/open Window Will File Later
459A Audible Burglar Alarm Filed
ABC INSPECTIONS (Past three years)
Not Applicable.
RESIDENCES WITHIN 100 FEET
653 Park Avenue
657 Park Avenue
661 Park Avenue
665 Park Avenue
678 Roycroft Avenue
CHURCHES, SCHOOLS, PARKS, HOSPITALS AND PLAYGROUNDS WITHIN 600 FEET
Woodrow Wilson High School 4410 E 10th Street
Recreation Park 4900 E 7th Street
Memorandum
HONORABLE MAYOR AND CITY COUNCIL
June 6, 2023
Council District: 3
Applicant: Tacomasa 1 LLC
DBA: Tacomasa
Address: 4740 E. 7th Street #130
Type of Application: Type 41 - An Original Application for an On-Sale Beer and Wine for a Bona Fide Public Eating Place License
Bases for possible protest: Residences within 100 feet Park within 600 feet
School within 600 feet
PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and Necessity is not required for this application.
Census Tract: 5776.06
Boundaries: 7th Street to the North
4740 E. 7th Street property line to the South
Park Avenue to the East
Roycroft Avenue to the West
Number of licenses allowed: 3
Number of licenses existing: 2
Police Reporting District: 591
Boundaries: 7th Street to the North
Colorado Street to the South
Park Avenue to the East
Ximeno 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: Restaurant
Last day to request
conditions and protest: June 7, 2023
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June 13, 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 Tacomasa 1 LLC, dba Tacomasa, for an original application of an Alcoholic Beverage Control (ABC) license, at 4740 E. 7th Street #130, submit a Public Notice of Protest to ABC, and direct the City Manager to withdraw the protest if a Conditional Use Permit (CUP) or Conditional Use Permit Exemption (CUPEX) is granted. (District 3)
Dear Hani Abuershaid:
Please be advised that the Long Beach City Council, at its meeting held Tuesday, June 6, 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 the 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 pro test.
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: Kristina Duggan, Councilmember, Third 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
AN EXCERPT FROM THE MINUTES OF
THE LONG BEACH CITY COUNCIL MEETING
HELD TUESDAY, JUNE 6, 2023
20. (23-0576) Recommendation to receive and file the application of Tacomasa 1 LLC, dba Tacomasa, for an original application of an Alcoholic Beverage Control (ABC) license, at 4740 East 7th Street #130, submit a Public Notice of Protest to ABC, and direct City Manager to withdraw the protest if a Conditional Use Permit (CUP) or Conditional Use Permit Exemption (CUPEX) is granted. (District 3)
Motion: Approve Consent Calendar Items 1 – 21. Moved by Councilwoman Kerr, Seconded by Councilmembe Uranga.
Vote: CONSENT CALENDAR: (1 - 21)(Carried 8-0)
Yes: Councilwoman Zendejas, Councilmember Duggan, Councilman Supernaw, Councilwoman Kerr, Councilwoman Saro, Councilmember Uranga, Councilman Austin,and Councilmember Ricks-Oddie.
Absent: Vice Mayor Allen.
CERTIFIED AS A TRUE AND CORRECT COPY
CITY CLERK OF THE CITY OF LONG BEACH
DATE: June 13, 2023
By: Tamela Austin, City Clerk Specialist