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06202023-C-21sr&attABC

Long Beach City Council
June 20, 2023

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06202023-C-21sr&attABC
Meeting
June 20, 2023
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Long Beach City Council
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2
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Text extracted from the city's file for reading and search. Open the original on longbeach.legistar.com. That file is the official record.

June 20, 2023

HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:

Receive and file the application of The Stand LLC, dba The Stand, for an original application of an Alcoholic Beverage Control (ABC) License, at 7511 Carson Boulevard, submit a Public Notice of Protest to ABC, and direct the City Manager to withdraw the protest if 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 bases for protest.

TIMING CONSIDERATIONS
The Department of Alcoholic Beverage Control received the above application on May 3, 2023. The applicant is still in the planning stages and 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 June 20, 2023, to respond to the Department of Alcoholic Beverage Control by the June 22, 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
C-21

HONORABLE MAYOR AND CITY COUNCIL
June 20, 2023

Page 2 ends

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 20, 2023

To: File

From: Krizty Kiger, Detective, Vice Investigations Section

Subject: THE STAND - 7511 CARSON BOULEVARD

CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (5/3/22 - 5/3/23)

None.

ABC INSPECTIONS (Past three years)

Not applicable.

RESIDENCES WITHIN 100 FEET

None.

CHURCHES, SCHOOLS, PARKS, HOSPITALS AND PLAYGROUNDS WITHIN 600 FEET

None.

Memorandum

HONORABLE MAYOR AND CITY COUNCIL
June 20, 2023

Council District: 4

Applicant: The Stand, LLC

DBA: The Stand

Address: 7511 Carson Boulevard

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: Over concentration
High crime

PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and Necessity is not required for this application.

Census Tract: 9800.06

Boundaries: Carson Boulevard to the North

7300 Carson Boulevard to the South
Long Beach Town Center to the East
Long Beach Town Center/Liberty Center to the West

Number of licenses allowed: 0

Number of licenses existing: 11

Police Reporting District: 595

Boundaries: Carson Boulevard to the North
7575 Carson Bl property line to the South
San Gabriel River Freeway to the East
San Gabriel River to the West

Reported crimes in this district for ABC purposes are 110. 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 22, 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.

____
Date
_____________________________________
Signature of authorized individual

___________________
Type or write name of authorized individual

___________________
Type or write name of company

June 28, 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 The Stand LLC, dba The Stand, for an original application of an Alcoholic Beverage Control (ABC) License, at 7511 Carson Boulevard, submit a Public Notice of Protest to ABC, and direct the City Manager to withdraw the protest if 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, June 20, 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: Daryl Supernaw, Councilman, Fourth 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 20, 2023

21. (23-0658) Recommendation to receive and file the application of The Stand LLC, dba The Stand, for an original application of an Alcoholic Beverage Control (ABC) License, at 7511 Carson Boulevard, submit a Public Notice of Protest to ABC, and direct City Manager to withdraw the protest if Conditional Use Permit Exemption (CUPEX) is granted. (District 4)

Motion: Approve Consent Calendar Items 1 – 25, except for Item 18. Moved by Councilwoman Kerr, Seconded by Councilmember Uranga.

Vote: Approve Consent Calendar Items 1 – 25, except for Item 18. (Carried 9-0) Yes: Councilwoman Zendejas, Vice Mayor Allen, Councilmember Duggan, Councilman Supernaw, Councilwoman Kerr, Councilwoman Saro, Councilmember Uranga, Councilman Austin, and Councilmember Ricks-Oddie. .

CERTIFIED AS A TRUE AND CORRECT COPY

CITY CLERK OF THE CITY OF LONG BEACH

DATE: June 28, 2023

By: Tamela Austin, City Clerk Specialist

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