September 12, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Receive and file the application of B&D Ohana Group LLC, dba Beach Hut Deli, for an original application of an Alcoholic Beverage Control (AB C) License, at 180 E.
Ocean Boulevard, Suite 170, submit a Public Notice of Protest to ABC , and direct the City Manager to withdraw the protest if a Conditional Use Permit Exemption (CUPEX) is granted. (District 1)
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 July 26, 2023. The applicant is in the planning stages and has filed for a Conditional Use Permit Exemption (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 requested on September 12, 2023, to respond to the Department of Alcoholic Beverage Control at the first opportunity, after the September 14, 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-17
HONORABLE MAYOR AND CITY COUNCIL
September 12, 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: September 12, 2023
To: File
From: Krizty Kiger, Detective, Vice Investigations Section
Subject: BEACH HUT DELI - 180 E. OCEAN BOULEVARD, SUITE 170
CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (7/26/22 - 7/26/23)
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
September 12, 2023
Council District: 1
Applicant: B&D Ohana Group LLC
DBA: Beach Hut Deli
Address: 180 East Ocean Boulevard, Suite 170
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: High crime
Over concentration
PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and Necessity is not required for this application.
Census Tract: 5760.01
Boundaries: Ocean Boulevard to the North
Seaside Way to the South
Locust Avenue to the East
Pine Avenue to the West
Number of licenses allowed: 6
Number of licenses existing: 139
Police Reporting District: 152
Boundaries: Ocean Boulevard to the North
Downtown Marina Mole/Marina Green to the South
Atlantic Avenue/Downtown Marina to the East
Pine Avenue/Pine Avenue Pier to the West
Reported crimes in this district for ABC purposes are 143. 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: September 14, 2023