August 8, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Receive and file the application of For the Culture Brands, LLC, dba For the Culture Brands, for an original application of an Alcoholic Beverage Control (ABC) License, at 1741 E. Marshall Place; determine that the application does not serve the public convenience and necessity; and, submit a Public Notice of Protest to ABC on the basis that the business is located in a residential zone within 100 feet of residences, within 600 feet of a community park and church, and in a high crime reporting district with an overconcentration of off-sale liquor licenses. (District 5)
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. For The Culture Brands, LLC, a home- based business, applied for a Type 17: Beer and Wine Wholesaler license an d a Type 20: Off-Sale license, to allow the sale of beer and wine for consumption off the premises.
The applicant intends to conduct online alcohol sales and a wholesaler business from their residence, including storing inventory on the premises.
The proposed site is developed with a single-family residence in a residential zone; that is located within 100 feet of other single-family residences. The proposed site is located within 600 feet of Somerset Park and Iglesia Católica Apostolica Santísimo Sacramento Church. In addition, the proposed site is located within a high crime reporting district that has an overconcentration of off-sale liquor licenses.
Given the high crime level within this reporting district, over concentration, of off -sale alcohol establishments within the census tract, the close proximity to residences, a park and a church, the Police Department recom mends that the City Council determine that the application does not serve the Public Convenience and Necessity and that a Public Notice of Protest be submitted to ABC.
TIMING CONSIDERATIONS
City Council action is requested on August 8, 2023, to respond to the Department of Alcoholic Beverage Control at the first opportunity after the July 22, 2023 due date.
Office of the Chief of Police
400 West Broadway Long Beach, CA 90802
(562) 570-7301
C-25
HONORABLE MAYOR AND CITY COUNCIL
August 8, 2023
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 d isclose 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.
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: August 8, 2022
To: File
From: Krizty Kiger, Detective, Vice Investigations Section
Subject: FOR THE CULTURE BRANDS, LLC – 1741 E. MARSHALL PLACE
CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (6/2/22 - 6/2/23)
None.
ABC INSPECTIONS (Past three years)
Not applicable.
RESIDENCES WITHIN 100 FEET
1723 E. Marshall Place Single-Family Residence
1731 E. Marshall Place Single-Family Residence
1751 E. Marshall Place Single-Family Residence
1801 E. Marshall Place Single-Family Residence
1720 E. Carson Street Single-Family Residence
1732 E. Carson Street Single-Family Residence
1742 E. Carson Street Single-Family Residence
1752 E. Carson Street Single-Family Residence
1802 E. Carson Street Single-Family Residence
3983 Rose Avenue Single-Family Residence
CHURCHES, SCHOOLS, PARKS, HOSPITALS AND PLAYGROUNDS WITHIN 600 FEET
1900 E. Carson Street Iglesia Católica Apostólica Santísimo Sacramento 1500 E. Carson Street Somerset Park
Memorandum
HONORABLE MAYOR AND CITY COUNCIL
August 8, 2023
Council District: 5
Applicant: For the Culture Brands, LLC
DBA: For the Culture Brands
Address: 1741 E. Marshall Place
Type of Application(s): Type 17 – Beer and Wine Wholesaler License and a Type 20 - An Original Application for an Off-Sale Beer
& Wine Package Store License
Bases for possible protest: Zoning ordinance
Residences within 100 feet
Park within 600 feet
Church within 600 feet
High crime
Over concentration
PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and Necessity is required for this application.
Census Tract: 5719
Boundaries: Carson Street to the North
Marshall Place to the South
Gardena Avenue to the East
Walnut Avenue to the West
Number of licenses allowed: 3
Number of licenses existing: 5
Police Reporting District: 415
Boundaries: Carson Street to the North
Bixby Road to the South
Cherry Avenue/Union Pacific Railroad to the East
Orange Avenue to the West
Reported crimes in this district for ABC purposes are 72. Crime in a reporting district must be at least 66 to qualify for a high crime protest.
Type of business: A wholesaler and off-site package store
Last day to request
conditions and protest: July 22, 2023
August 8, 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 For the Culture Brands, LLC, dba For the Culture Brands, for an original application of an Alcoholic Beverage Control (ABC) License, at 1741 E. Marshall Place; determine that the application does not serve the public convenience and necessity; and, submit a Public Notice of Protest to ABC on the basis that the business is located in a residential zone within 100 feet of residences, within 600 feet of a community park and church, and in a high crime reporting district with an over concentration of off-sale liquor licenses. (District 5)
Dear Hani Abuershaid:
Please be advised that the Long Beach City Council, at its meeting held Tuesday, August 8, 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 appro ved 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 CUP EX 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: Megan Kerr, Councilwoman, Fifth 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, AUGUST 8, 2023
25. (23-0857) Recommendation to receive and file the application of For the Culture Brands, LLC, dba For the Culture Brands, for an original application of an Alcoholic Beverage Control (ABC) License, at 1741 E. Marshall Place; determine that the application does not serve the public convenience and necessity; and, submit a Public Notice of Protest to ABC on the basis that the business is located in a residential zone within 100 feet of residences, within 600 feet of a community park and church, and in a high crime reporting district with an over concentration of off-sale liquor licenses. (District 5)
Motion: Approve Consent Calendar Items 1 – 30, except for items 9 and 16.
Moved by Councilwoman Kerr, seconded by Councilmember Ricks-Oddie.
Vote: (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: August 8, 2023
By: Tamela Austin, City Clerk Specialist