October 11, 2023
Hani Abuershaid
Supervising Agent In Charge
Department of Alcoholic Beverage Control
3950 Paramount Boulevard, Suite No. 250
Lakewood, California 90712
Re: Recommendation to receive and file the application of Janneth Enterprise, Incorporated, dba Pizzamania, for an original application of an Alcoholic Beverage Control (ABC) License, at 1785 Palo Verde Avenue, Suite I & J, submit a Public Notice of Protest to ABC, and direct City Manager to withdraw the protest if a 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, October 10, 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 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:
Karen Baldwin
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
October 10, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Receive and file the appl ication of Janneth Enterprise, Incorporated , dba Pizzamania, for an original application of an Alcoholic Beverage Control (AB C) License, at 1785 Palo Verde Avenue, Suite I & J, 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 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 appl ication lists the possible bases for protest.
TIMING CONSIDERATIONS
The Department of Alcoholic Beverage Control received the above application on August 25, 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 October 10, 2023, to respond to the Department of Alcoholic Beverage Control by the October 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-14
HONORABLE MAYOR AND CITY COUNCIL
October 10, 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: October 10, 2023
To: File
From: Krizty Kiger, Detective, Vice Investigations Section Subject: PIZZAMANIA - 1785 PALO VERDE AVENUE, SUITE I & J CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (8/25/22 - 8/25/23) None.
ABC INSPECTIONS (Past three years)
None.
RESIDENCES WITHIN 100 FEET
None.
CHURCHES, SCHOOLS, PARKS, HOSPITALS AND PLAYGROUNDS WITHIN 600 FEET California State University, Long Beach
Memorandum
HONORABLE MAYOR AND CITY COUNCIL
October 10, 2023
Council District: 4
Applicant: Janneth Enterprise, Incorporated
DBA: Pizzamania
Address: 1785 Palo Verde Avenue, Suite I & J
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: School within 600 feet
PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and Necessity is not required for this application.
Census Tract: 5781.00
Boundaries: Atherton Street to the North
State University Drive/Flood Control to the South
Palo Verde Avenue to the East
Merriam Way to the West
Number of licenses allowed: 2
Number of licenses existing: 2
Police Reporting District: 635
Boundaries: Atherton Street to the North
State University Drive/South Campus Drive to the South
Palo Verde Avenue/East Campus Drive to the East
Bellflower Boulevard/West Campus Drive to the West
Reported crimes in this district for ABC purposes are 5. Crime in a reporting district must be at least 66 to qualify for a high crime protest.
Type of business: A restaurant
Last day to request
conditions and protest: October 14, 2023
AN EXCERPT FROM THE MINUTES OF
THE LONG BEACH CITY COUNCIL MEETING
HELD TUESDAY, OCTOBER 10, 2023
14. (23-1155) Recommendation to receive and file the application of Janneth Enterprise, Incorporated, dba Pizzamania, for an original application of an Alcoholic Beverage Control (ABC) License, at 1785 Palo Verde Avenue, Suite I & J, submit a Public Notice of Protest to ABC, and direct City Manager to withdraw the protest if a Conditional Use Permit Exemption (CUPEX) is granted. (District 4) (05:19 PM) Motion: Approve recommendation.
Moved by Councilman Supernaw, seconded by Councilmember Ricks-Oddie.
Vote: (Carried 9-0)
Yes: Councilwoman Zendejas, Vice Mayor Allen, Councilmember Duggan, Councilman Supernaw, Councilwoman Kerr, Councilwoman Saro, Councilman Austin, and Councilmember Ricks-Oddie.
Absent: None.
CERTIFIED AS A TRUE AND CORRECT COPY
CITY CLERK OF THE CITY OF LONG BEACH
DATE: October 11, 2023
By: Karen Baldwin, City Clerk Analyst