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HomeMy WebLinkAbout39-Planning and Building CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Planning & Building Services Subject: Delermination of Public Convenience or Necessity (PCN No, 96-01) for Type 48 On-Sale Liquor License for the Gents Organization located at 1462 East Art Townsend Drive. ORIGINAL From:' Valerie C. Ross Date: October 7, 1996 MCC Date: October 7, 1996 Synopsis of Previous Council Action: August 21, 1995 The Mayor and Common Council elected to remain the body that reviews and makes a determination of Public Convenience or Necessity. Recommended Motion: That the Mayor and Common Council determine that the public convenience and necessity is served subject to the Police Department Conditions and direct the Planning and Building Services Department to prepare a letter of Public Convenience or Necessity to the Department of Alcoholic Beverage Control for the Type 48 alcohol license request for the Gents Organization at 1462 East Art Townsend Drive. JtALw.u U, I?HV Valerie C. Ross Contact person: Valerie C. Ross Phone: 384-5357 Supporting data attached: Staff Reoort Wards: 1 FUNDING REQUIREMENTS: Amount: N/ A ~D1HN. OFHC Source: (Acct. No.) N/A (Acct. Descriotion) bSE?96,Z..;C" Finance: Council Notes: Joh /'/lP I I Agenda Item No. 31 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 96-01 MAYOR AND COMMON COUNCIL MEETING OCTOBER 7, 1996 REQUEST AND LOCATION The applicant, The Gents Organization, is requesting approval from the State Department of Alcoholic Beverage Control of a Type 48 Liquor License. This license allows for the on-site sale of alcohol, but prohibits anyone under 21 years of age from entering the establishment. The subject property is located on the former Norton Air Force Base al 1462 East Art Townsend Drive (formerly Building 190, the Bowling Alley). KEY POINTS . On August 21, 1995 the Mayor and Common Council elected 10 remain the body that reviews and issues requests for letters of Public Convenience or Necessily. . The Gents Organization, a non-profit organization, applied for a Type 48 Liquor License from the Department of Alcoholic Beverage Control and were informed that they needed a Public Convenience or Necessity (PCN) letter from the City of San Bernardino. The PCN letter application was filed with the Planning Division on September 9, 1996. . A Type 48 Liquor License would allow for the sale of liquor on-site, but prohibil any person under 21 years of age form attending any event at this location. . The proposed bar area would be open to Gents Organization members and their guesls only. The bar area will not be open 10 the general public. BACKGROUND As indicated in their letter requesting a finding of Public Convenience or Necessity (Exhibit A) the Gents Organization is a non-profit organization founded in 1954 in the City of San Bernardino. The Organization is similar to other fraternal organizations excepl1hat they serve only the local community providing scholarships and other incentives to local low to moderate income households. ENVIRONMENTAL DETERMINATION Article 5, Section 15301 (b) (3) of the California Enviromnental Quality Act states that, in general, that the operation of business in an existing private structure is categorically exempt from the provisions of CEQA. , PCN No. 96-01 Mayor and Common Conncil Meeting of October 7, 1996 Page 3 GENERAL INFORMATION Building No. 190, located on the former Norton Air Force Base, was previously used as a bowling alley which coincidentally also served alcohol. The Gents Organization will be removing the bowling lanes and machinery, rehabilitating the interior of the building and refurbishing the kitchen area to prepare it for their intended use. The building will be available to the public for meetings, counseling and other community events. On the weekends the building will typically be use for events that are directly associated with the Gents Organization, but may also be rented for wedding receptions and other similar events. The Organization has stated that security will be provided during all special events. The initial use of the building will be for private use of the bar and kitchen areas by the organization's members and their guests. Since the Type 48 Liquor License prohibits any person under 21 years of age to enter the building, this is viewed as a time to raise money to cover tenant improvemenl costs and the acquisition of a new liquor license in the future. The Organization intends applying for a Type 47 Liquor License as soon as is economically feasible. The Type 47 Liquor License would allow for the on-site sales of liquor, but in association with a restaurant. The Type 47 Liquor License allows persons of any age 10 attend events within the building, which is what the Organization sees as essential in providing their services to the community. POLICE DEPARTMENT RECOMMENDATION In its August 7, 1996 memorandum (Exhibit B) the Police Department reviewed the proposed operation and recommends the approval of the ABC License as long as the applicants obtain all necessary city permits and subject to the attached conditions. DETERMINATION The applicanl' s request has been reviewed and the on-site sale of alcohol at 1462 East Art Townsend Drive will not have a negative impact on the surrounding community and, due to the nature of the Organization from which the alcohol will be sold, will serve the public convenience or necessity. The determination is based on the following: 1. The establishmenl of the Gents Organization in this facility will significantly contribute to the implementation of the Inland Valley Developmenl Agency's econominc development goals for the San Bernardino International Trade Center. 2. The sale of alcohol is reasonable and common within most fraternal organizations headquarters. The inclusion of alcohol sales to the Organization's members will allow the Gents Organization the same opportunities given to other fraternal organizations throughout the state. 3. The floor area devoted to alcohol sales will be minimal and the lounge area will only be open to the Gents Organization's members and their guests. Persons 21 years of age or PCN No. 96-01 Mayor and Common Conncil Meeting of October 7, 1996 Page 4 younger will not be permitted to enter the establishment. 4. The Police Departmenl and Planning and Building Services Department have reviewed the request and do not object to the sale of alcohol on-site, subject to the attached Conditions. STAFF RECOMMENDATION Staff recommends that the Mayor and Common Council determine that the public convenience and necessity is served subject to the Police Department Condilions and direct the Planning and Building Services Department to prepare a letter of Public Convenience or Necessity to the Department of Alcoholic Beverage Control for the Type 48 alcohol license request for the Gents Organization at 1462 East Art Townsend Drive. Prepared by: Scott Donaghe, Assistant Planner for Valerie C. Ross, Principal Planner Planning and Building Services Exhibits: A - Letter of Request for PCN No. 96-01 B - August 7, 1996 Police Department Memorandum and Conditions BOARD OF DIRECTORS President Joseph C. Mujica Vice-President Lawrence (astro Secretary Edward L. Martinez Jr. Treasurer Jose Pedroza Sargeant of Arms Mario Rios 1st Vice-President Ralph Almiral 2nd Vice-President Robert Young Membership Chairman Luis E. Bravo Sr. Scholarship Chairman Pete O. Ramos Correspondence SecreTory Lawrence J. Rayo Jr. EXHIBIT A rffi r~ rro it; f! ~f ![; f(1l IJ1, F P 2t 1996 Ill! '.;i-j r ",p' SAN BER;\;il,"(..Ji;W 0t":PA!{i'f.J1ENT Or PLA;\JNtNG & 8'.JlLDli\G S~R''''ICt:S Septernber24,1996 Mayor Tom Minor Honorable Council Members City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 RE: LETTER OF PUBLIC CONVENIENCE Dear Ladies and Gentlemen: The Gents Organization was founded in 1954 by a local group of youth in the City of San Bernardino. After struggles with survival in the low- income westside area, the group decided to break: up in 1962. The Gents regrouped in 1974, and once the application for non-profit status was approved, membership grew to over 60 members. At that time, the focus was to provide college scholarships for low-income youth. After 20+ years, this organization has provided over $60,000 of scholarship money to our local low-income students. The Gents have received numerous awards for their accomplishments, especially recognized by the U.S. Senate with a certificate filing. Channel 7 (ABC) News also promoted the Gents efforts with a showing of "Hometown Heroes." Most recently, Supervisor Eaves, Senator Ayala, Assemblyman 1. Baca, Mayor Holcomb and other public officials have honored the Gents. The Gents Organization recently signed a lease agreement with the Inland Valley Development Agency (IVDA) to rent Building 190, the former Bowling Alley at the former Norton AFB. In order for the Gents Organization to operate and obtain their ABC license the Mayor and City Council must approve our proposed activities as a public convenience. Our main goal for the use of this building is to support our community youth/adult programs, indigent, low income and homeless, with financial subsistence. The Gents Organization will be able to fulfill this obligation by way of private or public rental use, conferences and various activities within the Inland Empire.' During our adult programs (ABC license application in process) no one under age 21 will be allowed to participate due to our insurance policy statement and ABC requirements. P,O. [lOX 1131 . COLTON, CALIFORNIA 92324 OOARD OF DIREGORS, President Joseph C. Mujica Vice-President Lawrence (astro Secretary Edward L. Martinez Jr. Treasurer Jose Pedroza Sargeant of Arms Mario Rios 1st Vice-President Ralph Almiral 2nd Vice-President Robert Young Membership Chairman Luis E. Drovo Sr, Scholarship Chairman Pete O. Ramos Correspondence Secretory Lawrence J. Raya Jr This Building #190 will be able to accommodate approximately 450 persons, and have the ability to offer catering services as well as a membership lounge area for members only and invited guests. In summary, our San Bemardino community has many non-profit organizations that have existed upon the rental use of facilities privately owned and maintained. On many occasions our organization, as well as others, have not been able to calendar potentially favorable youth/adult programs due to the fmancial burden these private facilities demand. Thus, we are left with just enough financial support to continue on a month to month basis. With our efforts your support, we will be able to accommodate such programs. With your approval, the Gents Organization will be better able to expand our efforts to assist our youth and low-income community and to carry out our motto, "Helping today's youth become tomorrow's leaders." .Jf.. n..,relY, ) ! { ) U'~<~C~/ Peter Ramos Gents Facilities Manager State Charity #33520 Non-profit #D-0761827 Tax ID 95-3082211 P.O. [lOX 1131 . COLTON, CALIFORNIA 92324 .~ ~ ~ ~ ~~~: ~ tm EXHmIT B ,,; i; -..IF SAN 8ER~':i\, Ji:'JQ San JEPA:-r: i\!,EiH orc r'LA:j:\JlNG & BUiLOii,G SER'IICES City of San Bernardino Bernardino Police Department Interoffice Memorandum To: LEE DEAN, CHIEF OF POLICE From: LT. D. MALONE Subject: A.B.C. APPLICATION RECOMMENDATIONS Date: AUGUST 7, 1996 Copies: A.B.C. LOCATION: GENTS ORGANIZATION COMMUNITY CENTER 1462 E. Art Townsend Dr. San Bernardino, CA 92409 TYPE: ABC License premises Type 48 On-sale General/public The attached A.B.C. application will not be protested as long as the applicants obtain a Development Permit I and are subject to the listed conditions. I concur with this recommendation. ~. "tJ_ Lieutenant ~~~-y, Captain ms 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 City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: LT. D. MALONE From: CSR II M. SOTO Subject: ABC LICENSE TYPE Date: August 7, 1996 Copies: 48, ON-SALE GENERAL/PUBLIC PREMISES PROBLEM: On 7-9-96, Mr. Joseph C. Mujica and several other officers of the organization applied for an ABC License Type 48 for Gents Organization Community Center located at 1462 E. Art Townsend Dr., San Bernardino. RECOMMENDATIONS: Approval for the ABC License Type 48 is recommended as long as the applicants obtain all necessary city permits including a DP I (Development Code I) from the Planning Department and is subject to the listed conditions. (Refer to attached conditions.) FINDINGS: I was assigned to investigate the application for an ABC License submitted by the applicants for 1462 E. Art Townsend Dr. The location of the center is located at the old Norton Air Force Base in the Bowling Alley. On 8-7-96, I spoke with applicant, Joseph Mujica, at the San Bernardino Police Department. He said they plan on having Community Service activities at the location such as job fairs, health fairs, senior citizen and youth activities. The center would also be available for meetings by any civic or public organizations. The center would also be available for rental to the public or other organizations for fundraisers, dances, banquets or wedding receptions. The business will have about ten employees and the on-site manager will be Pete Ramos. The business will be open 7:00 a.m. to 12:00 midnight, seven days a week. The hours may change in the future. There will be no video game machines. It is unknown at this time if there will be any pool tables. I advised Mr. Mujica that there would be conditions placed on the 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 GENTS ORGANIZATION 1462 E. ART TOWNSEND DR. PAGE TWO permit and he said they would agree with any conditions that are placed on the permit. (Refer to attached conditions.) I spoke with Scott Donaghe of the Planning Department and he said the business would not need a C.U.P. (Conditional Use Permit) but it would need a DP I (Development Permit I). (As of 8-7-96, they had not applied for one yet.) I ran a warrant, CDL and record check on the applicants. They did not have any outstanding warrants nor criminal histories within the past ten years. (Refer to attached printouts.) I also ran a location inquiry response on the location. This response showed "no record". (Refer to attached printouts.) I also ran Part I Crimes and Part II Arrest for the business' RD which is RD SC543 and it was not 20% above average for crime. (Refer to attached printouts. ) On 8-7-96, I spoke with Jana Dixon of A.B.C. She said since the applicants applied for a type 48 license, no one under 21 is allowed in the business. The applicants have stated that they will be renting the building for wedding receptions, etc. This would mean no one under 21 would be able to enter. Ms. Dixon said she has already advised the applicants of Lhis and the applicants will be re-applying and will apply for a type 47 which would admit people under 21. Ms. Dixon advised me to go ahead with the approval stating all the conditions. ATTACHMENTS: 1. Application for Alcohol Beverage License. 2. Individual Personal Affidavits. 3. Conditions. 4. Interview. 5. Copy of proposed use of the Gents Organization Community Center. 6. Copy of Memo from Lt. Snell responding with his input on the approval of this permit. 7. CDL record check. 8. Location inquiry response. 9. Part I Crimes. (1995) 10. Part II Arrests. (1995) . CONDITIONS 1462 E. Art Townsend Dr. 1. The licensee shall be responsible for posting of signs prohibiting litter and loitering, with management enforcing this and maintaining the area free of litter and graffiti. 2. Exterior lighting shall be sufficiently and properly maintained to illuminate all areas of the exterior of the building and property for easy detection of s'.lspicious and criminal activity. 3. The sale of alcoholic beverages for consumption off the premises is prohibited. 4. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the cCdtrol of the licensee. 5. If, in the opinion of the Chief of Police, a security guard becomes necessary, it shall be the responsibility of the licensee to provide the security at the hours to be listed by the Chief of Police. 6. If public telephones are located on the premises, they shall be fixed for outgoing calls only.