Department of Financial Management
411 West Ocean Boulevard, 6th Floor
Long Beach, CA 90802
(562) 570-6425
June 13, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Receive the supporting documentation into the record, conclude the public hearing, and grant an Entertainment Permit with conditions for entertainment without dancing to Kings & Convicts BP, LLC , dba Ballast Point Brewing Company , at 110 Marina Drive. (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 years; 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 ha ve 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 issue s 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 with out dancing be approved, subject to conditions.
• The Fire Department finds the building/location meets department requirements for the proposed use.
H-17
HONORABLE MAYOR AND CITY COUNCIL
June 13, 2023
APPROVED:
THOMAS B. MODICA
CITY MANAGER
• The Health and Human Services Department finds the building/location meets department requirements for the proposed use.
• 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 May 22, 2023.
TIMING CONSIDERATIONS
The hearing date of June 13, 2022 , 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 $1,561.00 (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,
KEVIN RIPER
DIRECTOR OF FINANCIAL MANAGEMENT
ATTACHMENTS: A – FM CONDITIONS
B – SUMMARY
C – FIVE YEAR HISTORY
D – MAP
E – BUSINESS LICENSE APPLICATION
F – ENTERTAINMENT PERMIT APPLICATION
G – INFOR PRINT OUT
H – PD CONDITIONS
KINGS & CONVICTS BP LLC DBA BALLAST POINT BREWING COMPANY 110 Marina Drive, Long Beach, CA 90803
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
Kings & Convicts BP LLC dba Ballast Point Brewing Company 110 Marina Drive
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, fai ls 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 liveaboard boast in The Marina, 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. Outdoor amplified entertainment is prohibited.
Department of Financial Management
411 W. Ocean Blvd., 6th Floor, Long Beach, CA 90802
(562) 570-6211 FAX (562) 499-1097
ATTACHMENT A
Ballast Point Brewing Company
June 13, 2023
6) The permittee shall not allow employees to discard trash or beer bottles into the outside dumpster between the hours of 10:00 P.M. 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) During times that the entertainment activities are being conducted and any night where organizations, such as car clubs, motorcycle clubs, or any organization who are also patrons of the Ballast Point Brewing Company and may congregate in the parking lot, the permittee shall staff one (1) security guard for crowds over (50) patrons to monitor activity inside the establishment to include the adjacent parking lot and any area und er the control of the licensee, between the hours of 5 p.m. and ½ hour after closing. Security Guards shall ensure that patrons conduct themselves in a peaceful manner as not to disturb any nearby businesses and liveaboard vessels. Security Guards must be identifiable as "Ballast Point Brewing Company" employees or the use of a reputable and licensed security company. The Chief of Police may increase or relax this condition, based on calls for service related to problems in the establishment to include the adjacent parking lot and any area under the control of the licensee.
The attire of each security guard shall clearly indicate the guard's affiliation with the establishment by means of a pin, shirt, or other visible form of identification.
Should the permittee’s operations give rise to a substantial increase in complaint/calls for police service, or trash left in the parking lot, the permittee shall increase security staff, imp lement 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 s ignage indicating words 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 nui sance arising out of or in connection with the permittee’s operations.
Ballast Point Brewing Company
June 13, 2023
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) Ballast Point Brewing Company, or its 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 same 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 TI PS or LEAD, within the first ninety (90) days of employment. 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 b y The Department of Alcoholic Beverage Control. For more information please visit https://www.abc.ca.gov/education/rbs.
Ballast Point Brewing Company
June 13, 2023
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 u se permit, or your Alcoholic Beverage Control license, the more stringent regulation shall apply.
19) An identification card scanner shall be used for all patrons entering the establishment after 10:00 PM for the sole purpose of verifying patron age and/or authenticity of a patron’s driver’s license or identification card
II. ADDITIONAL CONDITIONS OF OPERATION
1) Entertainment activities indicated on Page 7 of your entertainment application shall be restricted to no later than 11:00 PM Monday through S unday.
Entertainment can begin at 11:00 AM Monday through Friday and 10:00 AM Saturday through Sunday. All outdoor entertainment shall be restricted to no later than 10:00 PM Monday through Sunday.
2) The permittee is required to monitor the outside patio area for any nuisance activity that could disturb the surrounding neighbors. T his 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 advertise/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 Ballast P oint Brewing Company. (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 a t any time during the operation of the business.
The permittee shall not allow any employee, patron or entertainer, to exit and loiter near the side or rear doors leading to the boardwalk or boat docks.
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 Ballast Point Brewing Company
June 13, 2023
where the function is being held. Fast food, snacks, and hors d'oeuvres shall not constitute a complete and substantial meal.
7) The speaker volu me 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.
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 strict est 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 Kings & Convicts BP LLC dba Ballast Point Brewing Com pany. 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
110 MARINA DRIVE, LONG BEACH CA 90803
Kings & Convicts BP LLC Entertainment Without Dancing (Alcohol) dba Ballast Point Brewing Company
Lic # BS22303008
02/2023 – Pending
Kings & Convicts BP LLC Restaurant & Ready to Eat Food with Alcohol dba Ballast Point Brewing Company
Lic # BU22003209
03/2020 – Present
Home Brew Mart Inc. Restaurant & Ready to Eat Food with Alcohol Lic # BU21604029
06/2016 – 03/2020
Department of Financial Management
411 W. Ocean Blvd. 6th Floor Long Beach, CA 90802
(562) 570-6211 FAX (562) 499-1097
ATTACHMENT C
Kings & Convicts BP LLC dba Ballast Point Brewing Company
110 Marina Drive, Long Beach, CA 90803
ATTACHMENT D
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H