Loading...
HomeMy WebLinkAbout42-Development Services T ORIGINAL CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Valerie C. Ross,Director Subject: Request for a determination of Public Convenience or Necessity (PCN) to Dept: Development Services authorize issuance of a Type 48 Alcoholic Beverage Control (ABC) license at 100 West Hospitality Lane. Date: June 5,2008 MCC Date: June 16,2008 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council determine that the public convenience or necessity would not be served by granting a new ABC license at 100 West Hospitality Lane. Valerie C. Ross Contact person: Terri Rahhal,City Planner Phone: 384-5057 Supporting data attached: Staff Report Ward(s): 3 FUNDING REQUIREMENTS: Amount:N/A Source: (Acct.No.) (Acct. Description) Finance: Council Notes: Agenda Item No. 61i69 be CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Request for a determination of Public Convenience or Necessity (PCN) to authorize issuance of a Type 48 Alcoholic Beverage Control (ABC)license at 100 West Hospitality Lane. (Exhibit 1) APPLICANT: OWNER: BUSINESS: Ward Welty, Vice President CMGH LLC Flesh Showgirls Manta Management Corporation c/o Lawrence Wessel 100 W. Hospitality Lane PO Box 1674 740 S. Bunting Ct. San Bernardino, CA 92408 Upland, CA 91785-1674 Anaheim, CA 92808 (909) 985-4935 (714) 281-2252 BACKGROUND: On October 30, 2007, the Flesh Club adult cabaret was closed by a court order for a period of eight months, ending July 15, 2008. The court permanently enjoined the operators of the Flesh Club from allowing lewd conduct on the site, and the court ordered the removal of all curtains, booths and enclosures that would prevent areas inside the building from being open and visible. Prior to the closure, the Flesh Club had operated as an adult cabaret with full nudity and no alcoholic beverage service. On January 25, 2008, Manta Management Corporation applied to ABC for a Type 48 ABC license (Exhibit 2), which would authorize the sale of beer, wine and distilled spirits for consumption on the premises of the Flesh Club. The operational plan indicated on the application was a cocktail lounge with "bikini/topless/exotic" entertainment. ABC issued a notice of the license application to the City on March 19, 2008. On January 11, 2008, Manta Management Corporation applied to the City for a Conditional Use Permit(CUP) for issuance of a Type 48 ABC license, as required by Section 19.06.030 (2) (B) of the Development Code. The application was accompanied by a written determination from ABC that the area surrounding the Flesh Club is over-concentrated with existing ABC licenses (Exhibit 3). Initially, the CUP application was deemed incomplete, based on submittal of the floor plans prepared for the Rocket Theater in 1996. Staff requested a current floor plan, or certification from the architect that the 1996 plans accurately depict the existing layout. Upon receipt of confirmation from Robert K. Laird, the architect who drew the 1996 plans that the floor plan is accurate, staff deemed the CUP application to be complete on March 25, 2008. On June 2, 2008, the City received a letter from Stephen Allen Jamieson, of the Law Offices of Solomon, Saltsman & Jamieson, to request on behalf of Manta Management a determination that issuance of the proposed ABC license would serve the public convenience or necessity, pursuant to Sections 23958 and 23958.4 of the Business and Professions Code (Exhibit 1). ANALYSIS: Section 23958 of the Business and Professions Code states that the California Department of Alcoholic Beverage Control (ABC) shall deny an ABC license application if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses. An exception to this requirement is provided in the event that the local agency determines that public convenience or necessity (PCN) would be served by issuance of the license. The local agency has 90 days from the date of notification of the ABC license application to make a determination. If no PCN determination is made in a timely manner by the local agency,then ABC may determine whether or not the public convenience or necessity is served,pursuant to Section 23958.4(b) (2). "Undue concentration", also commonly referred to as over-concentration, is defined by ABC as a census tract where the ratio of ABC licenses to population exceeds the county-wide ratio. The Flesh Club is located in Census Tract 0060, an area bounded roughly by Mill Street to the north, Redlands Blvd. to the south, Waterman Avenue to the east and Inland Center Drive to the west. As determined by ABC on Exhibit 2, a total of two (2) ABC licenses within this census tract would be consistent with the countywide concentration, and there are 25 existing licenses for on- site consumption within the area. A current listing printed from the ABC web site is attached as Exhibit 4. This list indicates 27 licenses, including two special event/catering licenses at the National Orange Show Staff would submit that the public is already well-served with many convenient locations for on- site consumption of alcohol within Census Tract 0060, and that the public convenience or necessity does not demand another location in this area. Therefore, staff recommends against granting the request for a PCN determination. FINANCIAL IMPACT: No financial impact is directly related to the PCN determination. The law enforcement costs associated with an overconcentration of ABC licenses is undetermined. RECOMMENDATION: That the Mayor and Common Council determine that the public convenience or necessity would not be served by granting a new ABC license at 100 West Hospitality Lane. EXHIBITS: 1. Request for PCN Determination 2. ABC license application materials 3. ABC certification of overconcentration in Census Tract 0060 4. List of ABC licenses in Census Tract 0060 86/82/2886 11:87 3188223512 SSJ LAW PACE 83/86 LAW OFFICES OF , 61,+ f SOLOMON, SAL•PSMAN & JAMIESON A Poe mhfp IndWins Pm m mal Corporuiom 428 CULVER BOULEVARD 4Z) PLAYA DEL KEY,CA 9053 CP 1, FAX(310)ttZ2-3512 G } June 2,2008 ^' via ;f U.S.Mail.and_P_ City Council City of San Bernardino 300 North"D"Sheet San Bernarfto,CA 92418 RE: Request for Letter of Public Convenience or Necessity Pursuant to Business&Professions Code Sections 23958&23958.4 Manta Management d.b.a.Flesh Showgirls 100 West Hospitality Lane,San Bernardino,California 92418 a Dear Honorable Members of the City Council: This letter shall serve as b(m a Management's Request for the City of San Banardino to dcwudne that the Issuance of ABC License No. 465271 to Manta Management will som the Public Convenience or Necessity pursuant to Bus.&Prof.Code$$23958&23958.4. This location seeks to operate as the City's only adult entertainment venue that is licensed to sell alcoholic beverages. By definition, this•location will serve the public's convenience or necessity because there is currently no business in the City of San Bernardino that offer topless dancing in conjunction with the sale of alcoholic beverages. The United States Supreme Court has held many times over that the First Amendment prohibits municipalities from banning adult entertainer. City of Aentan v Playtime Theatres, Im.,(1986)475 U.S. 41,4849(holding that the "government may not grant the use of a forum to people whose views it W3 acceptable, but deny use to those wishiag to express less favored or more controversial views.") (citing Police Department of City of Chicago v.Mosley, (1972)408 U.S.92,96-9611. The proposed use is compatible with land uses in the suaminding Hospitality Lane area, winch include restaurants with lounges and dance floors but do not offer this exact form of entauth sulent. As the location is located in a CR-3 district,entertainm nt venues and restaurants are expressly encouraged to be developed in this district. 'film,to issaattce of an ABC License to Manta Management will 6artber serve the public convenience or necessity of citizens already in this am developed for entertainment and restau mm and who are Seeking adult entertainment that also offers the sale of alcoholic bcveragms This would reflect the City's intent in zoning this district for such uses and thereby ensuring that these uses would be conveniently located close to one another.. It is respeeftily requested therefore that the City exercise its discretion per Business & Professions Code § 23959 and 23958.4 and make Its finding that issuance of this license at this 6 , 86/02/2088 11:07 3100223512 SSJ LAW PAGE 84106 City Council of San Bernardino Page 2 of 2 June 2,2008 location will Serve public convenience or necessity. See also Sebati Y- kz of A&aholfc Beverage Control, 110 CA 3d 93(1980). Thank you for your time and consideration, and please feel free to contact me with any questions or concerns. 'eery mily yam, SOLOMON, 8t JAMIESON ,J ALLLN JAMIHSON Cc: Client Tint Cimt, ABC District Administrator Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSES) ABC 211 (6/99) EXHIBIT 2 TO: Department of Alcoholic Beverage Control File Number: 465271 3737 Main St. Receipt Number: 1656218 Ste. 900 Geographical Code: 3610 Riverside, CA 92501 Copies Mailed Date: March 19, 2008 (951)782-4400 Issued Date: DISTRICT SERVING LOCATION: RIVERSIDE First Owner: MANTA MANAGEMENT CORPORATION Name of Business: FLESH SHOWGIRLS Location of Business: 100 W HOSPITALITY LN _ SAN BERNARDINO, CA 92418-3308 County: SAN BERNARDINO Is premise inside city limits? Yes Census Tract 0060. Mailing Address: PO BOX 1674 (If different from UPLAND, CA 91785-1674 premises address) Type of license(s): 48 Transferor's license/name: 226949 /SPLIT ROCK INC Dropping Partner: Yes No License Type Transaction_ Tyne Fee Tyne Maste dip Date Fee 48 ON-SALE GENERAL) PERSON TO PERSON TRANSF P40 Y 0 03/19/08 $1,250.00 48 ON-SALE GENERAL I ANNUAL FEE P40 Y 0 03/19/08 $75 8.00 48 ON-SALE GENERAL I PREMISE TO PRENIISE TRANS P40 Y 0 03/19/08 $100.00 48 ON-SALE GENERAL I EXCHANGE LICENSE P40 Y 0 03/19/08 $100.00 48 ON-SALE GENERAL I STATE FINGERPRINTS NA N 2 03/19/08 $78.00 48 ON-S ALE GENERAL I FEDERAL FINGERPRINTS NA N 2 03/19/08 $48.00 Total $2,334.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date: March 19, 2008 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor: (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) MANTA MANAGEMENT CORPORATION See 211 Signature Page State of California Department of Alcoholic Beverage Control APPLICATION SIGNATURE SHEET ("SIGN ON") • This form is to be used as the signature page for 1. OWNERSHIP TYPE(Check one) applications not signed in the District Office. 8 Sole Owner Er Corporation • Read instructions on reverse before completing. Partnership ❑Limited Liability Company • All signatures must be notarized In accordance with ❑Husband &Wife ❑Other laws of the State where signed. ❑Partnership-Ltd 2. FILE NUMBER(if any) 3. LICENSE TYPE 4. TRANSACTION TYPE ❑ Original ✓❑Person to Person Transfer 4 ( 92 Z7 ( 4 S ✓❑ Exchange (]Premise to Premise Transfer ❑Other 5. APPLICANT(S)NAME(LasL first,middle) MANTA MANAGEMENT CORPORATION 6. APPLICANT'S MAILING ADDRESS(Street address/P.O.box,city,state,zip code) 7. PREMISES ADDRESS(Street address,city,zip code)) 100 W HOSPITALITY LN,SAN BERNARDINO,CA 92418 �'`r . l ' . APPLICANT'S CERTIFICATION o Under penalty of perjury each parson whose signature appears payment of a loan or to fulfill an a r ement entered into more than below,certifies and says: (1)He/she is an applicant,or one of ninety(90)days preceding the dayfi�fi Ich the lrgnsfer the applicants,or an executive officer of the applicant application is filed with the Departde 1 (b)fo!Vr establish a corporation,named in the foregoing ap lication,duly authorized preference to or for any c itor or transferor,odefraud or to make this application on its behalf; %that he/she has read injure any creditor or tra tg�qt the traer application the foregoing and knows the contents thereof and that each of the may be withdrawn by eith"Ir i1 (tkai Lq nfee with no above statements therein made are true;(3,)that no person other resulting liability to the Depparture Con tI than the appplicant or appplicants has any direct or indirect interest I understand that if I fail to quali f y���qa se or witumw this in the a licant or applicant's business to be conducted under the application there will be a service c arge df'dNl fourth of the licenses, for which this application is made;(4 that the transfer license fee paid,up to$100. application or proposed transfer is not made to(a)satisfy the SOLE OWNER B. PRINTED NAME(Last,first,middle) I SIGNATURE I DATE SIGNED X PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general pa.rtne �q,ply)�, , S. PARTNER'S PRINTED NAME(Last,first,middle) SIGNATURE DATE SIGNED PARTNER'S PRINTED NAME(Last,fist,middle) SIGNATURE DATE SIGNED PARTNER'S PRINTED NAME(Last,first,middle) SIGNATURE I H 'DATE' IGNE XFiL'l CORPORATION 10. PRINTED NAME(Last,fim6 middle) G1d041 �EUAI(2// WO ltl TITLE SJ President ❑Vice President ❑Chao th oard PRINTED NAME(Le first,middle) X R �I DATE SIGNED TITTL �� i LC _Secretary ❑Asst. Secretary ❑Chief Financial Officer ❑Asst. Treasurer LIMITED LIABILITY COMPANY 11. The limited liability company is member-run ❑Yes ❑No (If no,complete Item#12 below) 12. NAME OF DESIGNATED MANAGER,MANAGING MEMBER OR DESIGNATED OFFICER(Last,first,middle) ABC INITIALS/DATE(ABC use o*) 13. MEMBER'S PRINTED NAME(Last.first,middle) SIGNATURE DATE SIGNED X MEMBER'S PRINTED NAME(Last first,middle) SIGNATURE DATE G X dAN ABC-211-SIG(2/03) "SIGN ON" ' Alcoholic. F3 e oii,;trol Riveisiue Departmenn of Alcotwhc Beverage C ftiW PLANNED OPERATION(RETAIL) SECTIOM I-FOR ALL RETAIL APPLICANTS ,. APPLIGNT NAMM 2 IICHdfE TYft'(M MANTA MANAGEMENT CORPORATION 148 s PAB/efa ADDRESS(brunt narbx aria bars.Cld.ab*NO STRUT 100 W HOSPITALITY LN.SAN BERNARDINO,CA 42418 I OP e(blrl m p""ant Nat bent"emu M Pb,t1Y"waaw4 QFuN SeMce Restaurant ❑CakAerismobw ocktao Lounge ❑Private Club []Dal!or Specfa4 Restaurant []Comedy Club ❑NVI dub ❑V@Wmw Club ❑Cats/Coffee Shop ❑Brow Pub ❑TOWM ❑,Fratemal Club []SW a Breakfast ❑Theatsr []Wow Tasting ROOM ❑Supe f�et aMemberehlp Stare ❑80mim Statiion - []Swap MoeVF"Mat'ket [)LIquor Sore ❑Depaaanem Store []Cvnvenienoe Market ❑Drive-in Dairy avarbtyrDrug swe []Gift ShoplFio* ❑Conwience Market wCasolhle ❑Other-dC tribe: 7. SuIPOUNDING AREA L PPPMESISUVATWIN I menial Rural Free 8tandng Building Ider" Hindustrial []Shopping Cantor(Narns): []Other ❑10 Units or Less ❑More than 10 Urdu A POGO sMAM iL PAN"LOrr 11-PAM 12 WLL YM MI A 11 WILL YOUMM A � MANAGM AVM VA FOOD L,Eee!!'r k4 p.ri eNNons ❑Mimmal❑FuN Meat �es ONO ❑Yea eo ❑Yea QNO [ Yes @No u mL4LrfK it rTPEOFFODD 1s MOumaOFFOODbaR M aR&"AST MOUA$ ❑DinnsrHouse ❑Seafood ❑American ❑Greek ❑inden []French From: __J To: I Lw'0""*M FastFoodAMi C]Other: ❑Chinese ❑KweanI ❑ an Itad []Thai m: MTO: -�- Plzz Vasta QJapWNM [)Other From: ,+ ❑ ate To: 17. OMMATM MCKM Su2g#X Monde T Wednecda Thursday ' Frida i True NOON Am I! A /A*'1 ✓t Cioe Time 2-Art 'L•ottl 2 Am 241 7-Am Z ,a. EM1E11TA1MMW r(0%srnrn aooy.Pr.arr4 nwir+ti«"AMWWA oft aft 40ww(7b41W4 ❑Reco❑None ❑'Amplified []Patron Danc*V 1;IUVIU1 rded Music Uvs '��,-,� opleeslExotic 7 ❑Juke Box H=MT Shows �tiard Tables❑-other ❑ 6B 1 4 1008 ❑rAmateur/Pro sports Eventsgl t C t rVfl" Riverside ,a. P li1.ocArlDGN ' O' sl OPeTRU(IVRE Mayor ThorouWare ❑Secondary street 6 Single Story !❑Tw0-Story ❑Ottror Muff SWory-Number of stories: !1.PAWTVfKXX"wwDOW1 n WHAT 0dWftTAaE OF YOUR TOTAL&ALL WLL BE ❑Yes ErNO rY96how many: %sj? ❑No ALCC�olrc FOR AOC UGE OKY IA —OF—rQN 0VW(A-27,A•WT.bft anxs.eat,=Teae.a¢J AL DATE WEAEO also Glow RECEWEj - - r ABC-257(HEVERSE)(12103) JAN 2 5 ?008 Alcoholic Beverage Control Riverside MAY __ .. .. -_ --.-..,._._ _.______._ _...... .._-.._.... _....__...�...v._.,-..,_._�..____.._ ,_-__«_.�,......-................wm...,-.�._.�.- r�FKNA�o�� CITr OF SAN BERNARDINO 0 Development Services Department, Planning Division � 0 300 North"D"Street. 3'd Flour San Bernardino,CA 924 1 S Phone(909)384-5057 • Web addrt [ EXHIBIT 3 ALCOHOL BEVERAGE SALES SUPPLEMENTAL APPLICATION DIRECTIONS TO APPLICANT This form must accompany your City application (Conditional Use Permit or Development Permit) for sales of Alcoholic Beverages. Fill in your name and the premises address (location) for which you are making application to sell alcohol. Take this form to: Department of Alcoholic Beverage Control Riverside District Office 3737 Main Street, Suite 900 Riverside, CA 92501 909,782-4400 SECTION TO BE CO. iPLETED BY APPLICANT (printed) Applicant's name: Manta Management .Address of premises: 100 West Hospitality Lane San Bernardino, CA 92407 i SECTION TO BE COMPLETED BY ABC REPRESENTATIVE The purpose of this form is to assist the City of San Bernardino Police Department in their investigation by providing some preliminary information and the Planning Division in determining whether the applicant will need a Finding of Public Convenience, or Necessity (PCN) from the City Council. Your assistance in completing this form is appreciated. This section to be completed by the reviewing ABC Representative Type of License (circle one): 20 21 40 4�_ 48_, 59 61 Other: Census Tract: 'dumber of Licenses Allowed: _ Number of Existing Licenses: �5 Based on the above, the premises EKare ❑ are not in an area which has an overconcentration of alcoholic beverage licenses of the type sought. DM.01FALMITO UC BFVKRAGIc CON T" Signature of ABC Representative: 3737 MAIN ST.,S-rE.9W Date: - - -- California ABC - License Query Su tern - Data Portal rage i vi .. t EXHIBIT 4 Fes" California Department of Alcoholic Beverage Control 4. For the County of SAN BERNARDINO - (On-Sale Licenses) and Census Tract = 0060 Report as of 3/24/2008 Primary Owner Mailing Geo License Licens Orig. lss. Expir 9 Numbe tatus Type Date Date and Premises Business Name Address Cod Addr. 1) CT 47 5/30/1979 12/31/2008 ARG STUART 4410 EL CAMINO 3610 ENTERPRISES ANDERSONS REAL STE 201 INC BLACK ANGUS LOS ALTOS, CA 90 E RESTAURANTS 4022-1002 HOSPITALITY LN SAN BERNARDINO, CA 2408 Census Tract: 060. CT 47 /14/1981 12/31/2008 JOJOS JOJOS 1232 5780 FLEET ST 3610 RESTAURANTS CARLSBAD, CA INC 2008-4715 42 E HOSPITALITY LN SAN BERNARDINO, CA 2408 Census Tract: 10060- CT 47 /17/1985 12/31/2008 EL TORITO EL TORITO 5660 KATELLA 3610 RESTAURANTS AVE STE 100 INC CYPRESS, CA 118E 0630-5058 HOSPITALITY LN SAN BERNARDINO, CA 92408 Census Tract: 060. CT 41 /9/1985 12/31/2008 CEC CHUCKE PO BOX 152077 3610 ENTERTAINMENT CHEESES 415 IRVING, TX 75015 INC 55SEST AN BERNARDINO, CA 2408 Census Tract: 060. 5) 188167 R65 47 10/27/1986 12/31/2008 EL TORITO EL TORITO 5660 KATELLA 3610 RESTAURANTS AVE STE 100 INC CYPRESS, CA 280 HOSPITALITY 0630-5058 LN lhttp://www.abc.ca.gov/datport�AWounty Rep.asp 03/24/2008 California ABC - License Query Svstem - Data Portal rage or SAN BERNARDINO, CA 2408 Census Tract: 060. CT 47 10/14/1987 /30/2008 C I J YAMAZATO OF 3610 CORPORATION JAPAN 89 E HOSPITALITY LN SAN BERNARDINO, CA 2408 Census Tract: 060. CT 47 /12/1988 12/31/2008 GMRI INC RED LOBSTER PO BOX 593330 3610 195 E 516 ORLANDO, FL HOSPITALITY LN 2859-3330 SAN BERNARDINO, CA 2408 Census Tract: 060. 23774 CT 47 1/11/1990 /31/2008 SBH HOTEL SAN 3610 CORPORATION BERNARDINO 85 HOSPITALITY HILTON LN SAN BERNARDINO, CA 2408 ensus Tract: 060. CT 47 3/8/1993 /31/2008 KWONG &TANG LOTUS 3610 INC GARDEN 111 E RESTAURANT HOSPITALITY LN AN BERNARDINO, CA 2408 Census Tract: 060. 10 CT 47 /11/1993 /31/2008 NATIONAL NATIONAL 3610 RANGE SHOW ORANGE 89 S E ST SHOW SAN BERNARDINO, CA 2408 Census Tract: 060. 11 ACT 58 /11/1993 5/31/2008 NATIONAL NATIONAL 3610 RANGE SHOW ORANGE 89SEST SHOW AN BERNARDINO, CA 2408 Census Tract: http:/i www.abc.ca.gov/datport/AHCountyRep.asp 03/24/2008 California ABC - License Query Svstem - Data Portal Yage 3 of 5 H1 "1 0060. II I� IL-I 12 CT 68 /11/1993 /31/2008 NATIONAL NATIONAL 3610 RANGE SHOW ORANGE 89 S E ST SHOW SAN BERNARDINO, CA 2408 Census Tract: 060. 13 X9592 ACT 47 /27/1998 3/31/2008 AMF BOWLING AMF 8100 AMF DR 3610 CENTERS INC ARROWHEAD MECHANICSVILLE, 99 W ORANGE LANES VA 23111 SHOW RD SAN BERNARDINO, CA 2408 Census Tract: 060. 14) ACT 47 /20/1998 /31/2008 SINGH SURINDER DELHI PALACE 3610 PAL CUSINE OF 001 DINERS CT INDIA AN BERNARDINO, CA 2408 �ensus Tract: 060. 15 CT 41 /15/2000 /30/2008 MCCORKLE SIZZLER 4625 FIRESTONE 3610 RESTAURANT DR GROUP INC FRISCO, TX 75034 1800S ATERMAN AVE SAN BERNARDINO, CA 2408 Census Tract: 060. 1 11 16 CT 47 /27/2001 /30/2008 HAKIMIAN POOL CLUB 3610 AROUJAN ART 1946 SOUTH E ST SAN BERNARDINO, CA 2408 Census Tract: 060. 17 CT 41 /14/2001 /31/2008 1RUNGSAWANG PAPAYA BAY 3610 PORNPUN THAI CUISINE 1981 DINERS CT AN BERNARDINO, CA 2408 h L Census Tract: 060. nr--IrT 47 1/4/2002 12/31/200 RESTAURANT PO BOX 8591 610 VENTURES SB RANCHO http://www.abc.ca.gov,/datport/Al4CountyRep.asp 03/24/21008 California ABC - License Query Svstem - Data Portal vage 4 of INC CUCAMONGA, CA 1987 DINERS CT 91701 SAN BERNARDINO, CA 2408 Census Tract: 060. 19 CT 41 /19/2002 /31/2008 JOSES MEXICAN JOSES 741 S ALLEN ST 3610 FOOD INC MEXICAN SAN 50 S E ST FOOD BERNARDINO, CA SAN 2408-2282 BERNARDINO, CA 2408 Census Tract: 060. H 11 0 CT 47 /15/2003 12/31/2008 CRABBY BOBS CRABBY BOBS 36 EXECUTIVE 3610 FRANCHISE SEAFOOD PARK CORP GRILL IRVINE, CA 92614 39 E HOSPITALITY LN SAN BERNARDINO, CA 2408 Census Tract: 1,0060. 11 1 1 R64B 47 /3/2003 5/31/2008 668 FAIRWAY LLC EL GRINGOS 1538 E MAIN ST 3610 68 FAIRWAY DR CANTINA EL CAJON, CA SAN 92021 BERNARDINO, CA 2408 Census Tract: 060. 2 CT 41 1/6/2004 12/31/2008 KIM CHAE SUN PARTY HOUSE 3610 738S ATERMAN AVE AN BERNARDINO, CA 2408 Census Tract: 060. 3 CT 47 /19/2004 /30/2008 CLAIM JUMPER CLAIM JUMPER 16721 MILLIKAN 3610 RESTAURANTS AVE LLC IRVINE, CA 92606 1905 OMMERCENTER E SAN BERNARDINO, CA 2408 Census Tract: 060. 4 22,31 ACT 47 /21/2005 /31/2008 MCDONALDS HARLEYS 2396 STEEL RD 3610 TACO TIA SPORTS BAR COLTON, CA 1975 DINERS CT AND GRILL 92324 SAN BERNARDINO, CA http://www.abc.ca.gov/datport/AHCountyRep.asp 03/24/2008 California ABC - License Query Svstem - Data Portal rage or 92408 Census Tract: 060. 5 ,_," _ - CT 48 12/22/2006 11/30/200 IBBS LISA LARK THE 610 LORRAINE 17 INLAND ENTER DR SAN BERNARDINO, CA 2408-1809 Census Tract: 060. 6 CT 41 /6/2007 /30/2008 KAUR SURINDER STAR OF INDIA 16696 RANDALL 3610 28 W CUISINE AVE HOSPITALITY LN FONTANA, CA SAN 2335-5639 BERNARDINO, CA 2408-3268 Census Tract: 060. 7 CT 47 /28/2007 /30/2008 JARA MEXICAN PANCHO 9585SIERRAAVE 3610 FOOD INC THE VILLAS FONTANA, CA 1250 S E ST RESTAURANT 2335-2414 SAN BERNARDINO, CA 2408-2727 Census Tract: 060. ---End of Report--- For a definition of codes,view our http://www.abc.ca.gov,/datport/AHCountyRep.asp 03/24/2008 -- E \ � \ ~ ) . o - • 2 ci ci © , _ _ CY . w CL cc « ` ■ C4 c � ■ � ■ . P �A z 2 o ■ .. \ \ C M z w . } Waterman Ave. . . . . \ . . . . . . , � \ � _ a ■ m _. } m _ ■ ` �\ « w ■ w ` cc \ � - ■ | _ , OFFICE OF THE CITY CLERK RACHEL G.CLARK-CITY CLERK 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 www.sbcity.org San Bernar Ino $M June 17, 2008 Mr. Ward Welty, Vice President Manta Management Corporation P.O. Box 1674 Upland, CA 91785-1674 Dear Mr. Welty: At their meeting of June 16, 2008, the Mayor and Common Council made a determination that the public convenience or necessity would not be served by granting a new ABC license at 100 W. Hospitality Lane, based on the documents and testimony presented to the Mayor and Council and the following findings: 1) Hospitality Lane is primarily a restaurant row and caters to families. Restaurants serve alcoholic beverages incidental to food. Public convenience or necessity would be served for restaurants to be issued additional ABC licenses (Type 47) in this census tract; and 2) Additional liquor only (Type 48) licenses do not serve a public convenience or necessity in this census tract. They cause more nuisance activity and generate more public safety calls for service. It would be detrimental to allow these type of establishments to mix in with the restaurants in this area. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ql-CiLt-t ,-,;Zj. R Rachel G. Clark City Clerk RGC:Ils PC: Development Services CMGH LLC, c/o Lawrence Wessel, 740 S. Bunting Court, Anaheim, CA 92808 CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability •Respect for Human Dignity•Honesty City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Lt. B. Boom From: Officer J. Valdivia#24729 Subject: ABC Type 48-License Application—Manta Management Corporation Date: April 22, 2008 Copies: PROBLEM: On March 19, 2008, applicant Manta Management Corporation located at 100 W. Hospitality Ln. applied with the Alcoholic Beverage Control (ABC) for a Type-48 On- Sale (on sale general public premises -- beer, wine and distilled spirits) alcohol sales license. Although Manta Management Corporation is the owner, the business name is "Flesh Showgirls." Waldon R. Welty is listed as Chief Executive Officer of the company and Ward Ryan Welty is listed as Secretary/Assistant Secretary of the company. This information was attained at ABC License Query System Summary. ABC notified the San Bernardino Police Department(SBPD) on March 25, 2008. RECOMMENDATION: Review by the City Attorney's Office for recommendation as to the issuance of an ABC Type 48-license to the business called Flesh Showgirls. FINDINGS: On March 19, 2008, applicant Manta Management Corporation applied with ABC for an ABC Type-48 license for Flesh Showgirls located at 100 W. Hospitality Ln., San Bernardino. The business is going to be a new bikini/topless/exotic bar. On April 1, 2008, CSO S. Tuxen received the file for investigation. She believed that the SBPD would protest the ABC application based on the over saturation of ABC licenses issued in that census tract (#60). Therefore, on that same day, I received the file so I could conduct the investigation. I On April 1, 2008 1 had CSO S. Tuxen call ABC to request a 20-day extension per BP 23987. She spoke to Vicki Swarthout, Licensee Representative who is handling the case file for ABC. CSO S. Tuxen said Swarthout granted the 20-day extension. That same day CSO S. Tuxen faxed a copy of the letter signed by Lt. Boom requesting the 20-day extension. The following day, the original letter was mailed to ABC. THE SBPD IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; / A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING // Page 2 On 4/7/08 I called Swarthout at ABC. During the conversation she told me that we (SBPD) have a new date the ABC Type 48-license application is due. At first we had a due date of 50 days (30 days allowed for the investigation and 20 days for the extension request) after 3/19/08. However, since the business Flesh Showgirls did not post its intent to sell alcohol poster correctly until 4/1/08, the new date of 4/1/08 is used. Therefore, the ABC Type 48-license application is now due 50 days after 4/1/08, which makes the due date 5/21/08. Manta Management Corporation is registered with California Secretary of State as of 7/15/93. There is no active ABC license/s with this company or with Waldon or Ward Welty. On October 5 1994, Manta Management Corporation was issued an ABC Type 48- license for their business called "Flesh" located at 100 W. Hospitality Ln. At that time Waldon R. Welty was listed as the Chief Executive Officer of the company. The ABC License Query System Summary shows a disciplinary history for that license. It showed that the business had its ABC license suspended for 30 days with 10 days stayed (meaning the business could not sell alcohol for 20 days). The suspension started 7/24/1997 and went through 8/13/1997. The business was found guilty of violations of their ABC license and violations of the California Code of Regulations surrounding lewd conduct. The ABC license Manta Management is purchasing is from Split Rock Inc. located in Yucca Valley in San Bernardino County, State of California. It is an ABC Type 47- license (on-sale general eating place—beer, wine and distilled spirits). According to Swarthout at ABC, the ABC Type-47 versus the ABC Type-48 is not an issue. As long as the license that is being transferred is in the same county, it can transfer from city to city. The license has no current disciplinary actions pending nor was there any notation in the disciplinary history. On Wednesday 4/16/08, I e-mailed the area commander of the Southern District, Lt. Koerner. I asked for his input and concerns if any. He replied and said his concern is that another business in the area would be having an ABC license. Business Description & History The business, Flesh Showgirls, is a single story building located at 100 W. Hospitality Ln. The business formerly housed a business where full nude dancers entertained the customers. On October 30 2007, after a trial, San Bernardino Superior Court Judge Donald R. Alvarez issued a permanent injunction against the "Flesh Club" under the Red Light Abatement Act, a law that allows cities to take action against places of prostitution. During the trial Judge Alvarez found promiscuous and lewd behavior occurring at the club. On October 30, 2007, 2007 Judge Alvarez ordered the business closed for 8 months beginning November 15, 2007 and ending July 15, 2008. The business was not allowed to open during the 8-month period as an adult club. (Court case#SCVSS117285). Page 3 On July 24 1997, the business, at that time called "Flesh" but owned by Manta Management, had its ABC alcohol license suspended. The suspension occurred because ABC found the business guilty of violations of their ABC license and violations of the California Code of Regulations surrounding lewd conduct. During my time as a Vice investigator for the SBPD I have conducted numerous undercover investigations in and around the area of"Flesh". During the investigations inside of the business I witnessed "Flesh" employees engaged in acts of lewd conduct to include actual or simulated sex acts, masturbation, and oral copulation. I have also conducted several undercover prostitution programs while the business "Flesh" was open for business and did not have an ABC license to sell alcohol. During those programs several male subjects were arrested after soliciting an undercover female officer for acts of prostitution. Of those arrested I formed the opinion, based on the location of the arrest and statement given by the defendants, that several of those arrested had patronized "Flesh" and left the business just prior to their arrest. Based on the numerous Vice investigations and other complaints received and investigated about the business the San Bernardino City Attorney's Office filed an Red Light Abatement Injunction against the business. The Court ordered the business, Flesh Showgirls, closed for 8 months, beginning November 15, 2007 and ending July 15, 2008, because the Court found promiscuous and lewd behavior occurred at"Flesh" in violation of several applicable statutes and regulations. Based on the results of the Vice investigations and findings of the Court, a reasonable inference is drawn that there is a pattern of prostitution and/or lewd conduct that has occurred in and around the immediate area of the business, now wanting to open as "Flesh Showgirls." The owner during all the above violations, Manta Management, is the same owner trying to receive an ABC alcohol license for the business, Flesh Showgirls. Waldon Welty was, during the above violations, and is still to this day listed as Chief Executive Officer of Manta Management. Ward Welty was, during the above violations, and is still to this day listed as Secretary/Assistant Secretary. Manta Management now wants to open"Flesh" as a"bikini/topless/exotic"business permitted to sell alcohol. Concentration/Area The business located at 100 W. Hospitality Ln. falls under ABC census tract #60. This census tract is Mill St. to the North, the I-10 freeway to the South, Waterman Ave to the East, and Inland Center to the West. ABC allows for 2 on-sale licenses within this tract area. At present, there are 27 licensed on-sale establishments. The closest residence to the business is at 2393 Mountain Woods Street in the City of Colton, which is approximately '/z mile to the South. The nearest school (Cooley Ranch Elementary) at 1000 S. Cooley in the City of Colton is approximately one mile South of the business. The nearest Church (Community of Christ Church) at 1894 Commercenter 3 Page 4 West is approximately 150 yards to the North. The closest park (Colony Park) at Wier Rd and Harwick Street is approximately .6 miles to the South. The nearest ABC on sale licensed premise (El Torito) at 118 E. Hospitality Ln. is property line to property line to the East. The nearest ABC off sale licensed premise (Inland Petroleum Products— "Shell") at 1930 S. Waterman Ave is approximately .3 miles to the East. Calls for Service Since 11/15/07, the business has been closed per a court order (SCVSS 117285). It was ordered to be closed forthwith so that no business as an adult cabaret is transacted inside the building for a period of eight consecutive months. As of today, 4/21/08 it is still closed. There were a total of 160 Part 1 Crimes in RD 53150 in the year 2006 and a total of 158 in the year 2007. RD S3150 encompasses where Flesh Showgirls is located. Here is the monthly breakdown of Part 1 Crimes in the year 2006. January-9, February-19, March-17, April-11, May-16, June-18, July-10, Agust-15, September-10, October-10,November-11, December-14, for a total of 160. Here is the monthly breakdown of Part 1 Crimes in the year 2007. January-10, February-16, March-13, April-11, May-17, June-14, July-12, Agust-15, September-10, October-13,November-17, December-10, for a total of 158. In the year 2005, there were a total of 6 calls to the business, Flesh Showgirls. One of the calls was a violation of Adult Entertainment Ordinance, SBMC 5.14.010. The Vice Unit took a report but no one was charged. One call was a victim was shot on the foot as he walked through the parking lot of the business. A witness said the suspect was a BMA who was previously kicked out of the club by the manager. On another call, a disturbance occurred between a customer and the bouncer of the business. The bouncer did not allow the customer inside because the customer was drunk and did not have identification (he was found to be 19 years old). Two of the calls were where the business was a victim of a theft and on another was where an employee was a victim of a threat. Another call was that an anonymous reporting party said he was approached by "one of the dancers for prostitution activity." That call was resolved since no other information was available. In the year 2006, there were a total of 2 calls to the business, Flesh Showgirls. One call was a "hit and run" traffic collision in the parking lot of the business. A customer's car sideswiped another customer's car as he pulled away from the parking stall. The driver then left. Another call was 3 customers came to the business and all were turned away by the bouncer at the door. The customers argued with the bouncer then the customers walked away and got into their vehicle to leave. As they drove through the parking lot, one of the passengers "showed" a gun as they drove away. Page 5 In the year 2007, there were a total of 5 calls to the business. On one call, a female was denied entrance with her purse. She left to wait in the car. However, the male customer that came with the female argued with the bouncer. A fight started and the male customer was slightly injured. Both male and female customers were drunk. Another call was a"hit and run" traffic collision. A customer was backing out of a parking stall at the business when it hit another customer's car. The driver then left the scene. There were two separate calls where an arrest was made. One was an intoxicated customer that was arrested and another was an arrest of a"dancer" for a misdemeanor warrant. Area Canvas and Statements On April 22 2008, 1 conducted a check of the surrounding businesses to speak to them about the business, Flesh Showgirls, opening as a topless bar and applying for an ABC Type 48-license. I wanted to get any comments or concerns regarding the business possibly selling alcohol. The following is a synopsis of their comments. Apple One, 165 W. Hospitality Ln., Suite #23, 884-6351 Caroline Bejarano, Assistant Manager Ms. Bejarano said she has worked at 165 W. Hospitality Ln. for 15 years. She has seen "trashy" people come to her business asking to use the phone, to use the restroom and asking for money. She believed these people came from the business, Flesh Showgirls. She said she is against the Flesh Showgirls getting an ABC license. She added it would be nice to go to El Torito (restaurant next to the Flesh Showgirls) without the business (Flesh Showgirls)being there. Vineyard Medical Center, 165 W. Hospitality Ln. suite#21, (714) 483-4103 Frank Diaz, Psychiatric Assistant Mr. Diaz said he does not want to see the business (Flesh Showgirls) sell alcohol. He believes that would produce "drunks" in the area and that would hurt the working environment in the area. Universal Institute Inc., 155 W. Hospitality Ln. Suite 4110, 383-8090 Robert Herrera, Administrator i Mr. Herrera said he has been at 155 W. Hospitality Ln. since 1991. He has not had any g problems with the business, Flesh Showgirls. However, he does not want them to attain an ABC license. He said there has been several accidents at the intersection that they are located at and believes that selling alcohol would raise the number of accidents at the same intersection. Pregnancy Resource Center, 114 E. Airport Drive Suite 104,382-4550 Lisa Stiefken, Executive Director Page 6 She said ever since the business, Flesh Showgirls was open, she and other employees felt very "uncomfortable." She could not define uncomfortable. She said all the employees at her business are females. She said there has been times when her office was closed but she needed to get some paperwork after hours. She said she has been there anywhere from 7:00pm-I 1:00pm. She has seen males "prowling" in the parking lot of the Flesh Showgirls. I asked her what did she mean and she said males would be walking in the parking lot maybe to smoke or use the cell phone. She has seen females parked in her parking lot across from the Flesh Showgirls. The females were parked facing the parking lot of the Flesh Showgirls. Ms. Stiefken said she believed the females were wives or girlfriends of male customers that were in the business, Flesh Showgirls. She also believed if alcohol is sold at the business (Flesh Showgirls)there would be tempers that flare then a fight would start. Concorde Career College, 201 E. Airport Drive Suite A, 884-8891 Ron Johnson, Campus President He said he has never had any problems with the business, Flesh Showgirls. His concern is them selling alcohol. Although there is no direct access for vehicles from his parking lot to the parking lot of the Flesh Showgirls, his concern is that customers will park in his lot then go to the business, Flesh Showgirls. His other concern is the safety of his students. The last class lets out at 10:00pm and usually everyone is gone by 10:30pm to include the security guard that patrols the parking lot. El Torito, 118 E. Hospitality Ln.,381-2316 Hector Silva, Regional Director He said when the business, Flesh Showgirls first opened years ago, he lost a lot of business due to the opening. He said "church families" did not want to come and eat with the business, Flesh Showgirls next door. He believed that with the business re-opening and selling alcohol, his customer base would decline further. He said the area is not designed for a topless bar. Police Concerns The SBPD is concerned that if Flesh Showgirls' ABC license to sell alcohol is approved, there would be another business that is allowed to sell alcohol at a time where the area is already over saturated. There are 2 ABC on-sale licenses allowed in the census tract but 27 are currently issued. With the approval of the ABC license for the Flesh Showgirls, that would make a total of 28 ABC on-sale licenses issued for that census tract. Page 7 I am assigned to the Vice Unit of the SBPD. I, with the help of other officers, have conducted undercover prostitution programs in the area of the business, "Flesh Showgirls". We have placed undercover female officers on the sidewalk to act as the "prostitute" in an attempt to have male customers contact her. She would ascertain if the male customers would solicit her for an act of prostitution or agree to engage in an act of prostitution. Once the elements were attained,the male customers were arrested. During visits to Internet communities, I have found prostitution activity for sale and the female prostitutes are using local hotels/motels in the area of the "Flesh Showgirls"to get male customers to meet them there to conduct their illegal business. The SBPD concern over the prostitution activity in the area is that if"Flesh Showgirls" is allowed to get their ABC license to sell alcohol, the likelihood of prostitution activity rising would be very high. Studies have shown that alcohol often causes an individual to lose inhibitions and engage in conduct that they, the individual, would not normally engage in. With patrons of"Flesh Showgirls" consuming alcohol on the premises and watching female employees wearing bikini bottoms and no tops, exposing bare breasts to include the nipple and areola, customers will experience sexual arousal and will seek companionship to relieve the arousal. MCC MEETING AGENDA ITEM NO. 42 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO AUTHORIZE ISSUANCE OF A TYPE 48 ALCOHOL IC BEVERAGE CONTROL (ABC) LICENSE AT 100 WEST HOSPITALITY LANE Findings by Mayor and Common Council Supporting Recommended Motion. MOTION: That the Mayor and Common Council determine that the �rC3 public convenience or necessity would not be served by granting a new ABC license at 100 West Hospitality Lane, based on the documents and testimony presented to the Mayor and Council and the following findings: 1. Hospitality Lane is primarily a restaurant row and caters to families. Restaurants serve alcoholic beverages incidental to food. Public convenience or necessity would be served for restaurants to be issued additional ABC licenses (Type 47), in this census tract. 2. Additional liquor only (Type 48) licenses do not serve a public convenience or necessity in this census tract. They cause more nuisance activity and generate more public safety calls for service. It would be detrimental to allow these type of establishments to mix in with the restaurants in this area. .ntered Into Rec. at MCCICDC Mg: G_ Agenda m No: y by: City Clerk CDC, Secretary City or San Bernardino 6116/61