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Home My WebLink About19 PoliceCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION FROM: Lee Dean, Chief of Police SUBJECT: Notice of Appeal — Dine & Dance/Live Entertainment Permit for Baja Broiler, 245 E. Redlands Blvd. DEPT: Police ORIGINA DATE: December 1, 1998 Synopsis of Previous Council action: None. Recommended motion: 1. That the hearing be closed; and that the decision of the Chief of Police for denial of the dine and dance /live entertainment permit requested by Scott Mann, owner of the Baja Broiler located at 245 E. Redlands be upheld. M' 2. That the dine and dance /live entertainment permit requested by Scott Mann, owner of the Baja Broiler located at 245 E. Redlands Blvd. be approved with the conditions stipulated in the attached staff report. ' Signature Contact person: Wes Farmer Lieutenant Vice and Narcotics Phone: 473 -1004 Supporting data attached: Yes — Staff Report Ward: 3 FUNDING REQUIREMNTS: Amount: Source: (Account No.) (Acct. Description) Council Notes: Finance I Agenda Item No. /Y CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT OVERVIEW: On September 15, 1998 Scott Mann applied for a Dine and Dance Live Entertainment Permit for the Baja Broiler restaurant located at 245 E. Redlands Blvd, City of San Bernardino. This matter was investigated by the police department. On October 30, 1998 Chief of Police, Lee Dean recommended to the Mayor and Common Council deny Mr. Mann's application for Live Entertainment Permit. The denial is based upon an investigation which revealed that the location of this establishment is not suited for the type of operation proposed and would pose a nuisance and hardship to the local businesses in the surrounding area. This establishment would disrupt the peace and solitude of the surrounding area and pose a strain on the Police Department's calls for service. On November 6, 1998 Mr. Mann filed a City of San Bernardino Notice of Appeal with the City Clerk's office. INVESTIGATION: During the preliminary investigation of the Dine and Dance Live Entertainment Permit the police department found two areas of concern which were the basis for the recommendation for the denial. The business is located in Reporting District SC324. There were 1,315 calls for service in the reporting district in 1997. There were 258 part I Crimes and 139 Part H arrests totaling 397 in 1997. The average number of Part I Crimes and Part II arrests for all 182 reporting districts for the City of San Bernardino in 1997 was 153. 20% greater in average would be 184. Based on guidelines set forth in California Business and Professions Code Section 63958.4, any number in excess of 184 would make the reporting district in a high crime area. Reporting District SC324 has a total of 397, which makes it a high crime area. 2. The business is located in Census Tract 71.02. Based on guidelines set forth in California Business and Profession Code Section 63958.4 there are eight (8) on -sale ABC licenses permitted in this census tract. The investigation revealed that there are already twelve (12) existing on -sale ABC licenses located in this census tract. Facts revealed during the investigation indicate that this area is over saturated in on -sale ABC license. After Chief Dean recommended the denial of the Dine and Dance Live Entertainment Permit a third area of concern came to the attention of the police department. 3. On or about November 3, 1998, Officer John contacted Investigator Jaina Ericson with the California Department of Alcohol Beverage Control, regarding an application for an ABC license submitted by Scott Mann. During this telephone interview with Investigator Ericson, the following information was provided to Officer John. A. Investigator Ericson advised that a formal interview was conducted with Scott Mann regarding his application for a Type 47 ABC license (Restaurant License). Mann advised Investigator Ericson that his sole interest was to operate a restaurant, which catered to an older crowd focusing on students and employees from Loma Linda University. He indicated to Investigator Ericson that he had no intention of conducting specialty nights directed at crowds in the age category of 18 and older. B. This information was in conflict with information obtained during a formal interview with Mr. Mann conducted by CSR Martha Soto on October 21, 1998 regarding a Dine and Dance Live Entertainment Permit. During the interview on October 21, 1998 Mann advised the police department that he was interested in operating at least one 18 and over night if not more. Mann indicated "that's where the money's at ". Information provided by Investigator Ericson indicates that Mr. Mann has provided the City of San Bernardino with false and misleading statements regarding his business known as the Baja Broiler. RECOMMENDATION: Based on the three areas of concern identified by the police department during the initial investigation it is believed that Live Entertainment would pose an undue strain on the Police Department's calls for service and a nuisance and hardship to the surrounding area and disrupt the peace and solitude. Therefore it is recommended that the Mayor and Common Council deny the request for Dine and Dance Live Entertainment Permit. Should the City Council grant the Dine and Dance Live Entertainment Permit for the Baja Broiler it is recommended that the following operating conditions be imposed, as per SBMC 5.12.050 — The Chief of Police may impose conditions prior to approval of an application when he or she deems conditions necessary to insure compliance with the provisions of this chapter or to protect the public.(See attachment' ). Attachment "A" CONDITIONS 245 E. Redlands Blvd. 1. The licensee shall be responsible for posting of signs and 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 suspicious and criminal activity. 3. Entertainment provided shall not be audible beyond the area under the control of the licensee. 4. Must comply with all City building, fire, zoning and health regulations. 5. Upon demand make available to any police official the current names and addresses of persons who are in the management or operation of the business. 6. No business to be conducted on the premises after 0200 hours. 7. Non employees are prohibited from being inside the business after 0200 hours. 8. If public telephones are located on the premises, they shall be fixed for outgoing calls only. 9. Two security guards shall be required at all times when there is live entertainment and when dancing is allowed as stated in San Bernardino Municipal Code 5.12.150. 10. Any conditions imposed by the Planning Department necessary to insure compliance. ::��^%�.�� <— �1�'�..4.,''- �,.��. s 1�.�'..,a„ 3 ... .� < k..,,,� v ��se3.� .'ilk`. Ja x - T *. °:.:kR `at'4i arer x- �k►.i'.4e'ST A -.. _ FOR OFFICE USE ONLY Departments Receiving V �f DateTime Stam . l , copies eti � _ RECE1 �--CI� r P� D -8 '98 NOV -b A 8 :54 Original to: tk Date of Distribu Payment Information: Account 001- 000 -4303 IMPORTANT INFORMATION: Pursuant to Council,'Action, all appeals to `Mayor and Common Council and Board of Building Commissioners (BBC) must be filed in the City Clerk's Office accompanied by the appropriate fee: Appellant Name & Address: Contact Person & Address: Comylete All Information Contact Person Phone ' Number: Day: 422 t l377 215-07go Evening: 4-78.-1050 Affected Property 245 E ` geO LADS 3 �LV Address & APN !#u # 0t (a y - 2 i Tyke of Appeal - Check One: Appeal to the Mayor & Common Council: Appeals to Other Legislative Bodies (* Fee' Ad}u9ted Annually) ,.. Planning Commission Board of Building "ominissionets Police Commission ' (No Charge) Hearing Officer (No,. Charge) 4 Access Appeals Board (No Charge) Other /Explain: (No Charge) (continue next page) z.1. r: A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64): 1. The; specific action appealed, and date of that action: APPU CAri orb FoP, U yE aIrERTAlM M W or E51AV1Z "'r W rr74 CyW024 0 ) CLA-,cZ"' Z5 L 1 ab 9 - I S q8 , p EI l cD eq POUC ON 10 -30 ID AR EA (nC,+nDll #A'S C•U.f? 42-28 pFeMrnNG k RU3rAVA*Vr Wt7W USE 9490*NM&ff - 2. The specific grounds of appeal: D E-W AL OF u GLNSG� lg ftEt Od SAM& I5 s n LL T-nl er- E �MrA yso oql j f 5i41 NEB A&I.ICAi t r R b4U EST's No CWZ & TN USE. AMJC4 err P&9-S TitAr THiE D)NE hub oANeE W use SoVW WOOW nor FbsL7- A Pveuc f4\PSAN* h5 OWNED znl S.B.M•C. g.3 0•10 . "MUG Aet- S"WA. {NING-Mo P MC-e CUBS. RXLY A�4 ShFtty za -Mc T.n►NI, �Atl1_ V I G1 N tt'y. W itl r•H oUGWI w/:sh%S M 014 3. The actions(s) sought from the legislative body: Aeg oyAL oi= DINE D Dmcc- AWu c no4 . CA h r 5 61G-9510 WORK Loo ALL CITI R5 A6EovCtLS `M PRoV tD E A TOP - NotcO RL- �rnv2�uT w mt D+� c� N G A�vp F�rr�e-r� ►N M � � n,�c�f. 4. Any additional information: toWion) L3 cor�Cff a/ PQoPM4 2-6AM AtVl2 *b, Signature oWAell1lant: ,,DFNywe, NrEvJ /OUCRNT APfEt APPgoOIG PRe41ou5 4A%CA*Jf" -1,' , pN oy /otlia FbQ =OU77CAC, USE =5 ReDICULOUS Au> RrAIS yer Tb Be EWPLMNFD 18 Last Updated: 06 /04/1998 FbUCt:01A Date: 1 0 y �� FOR OFFICE USE ONLY Departments Receiving Copies: ,\ e t,c.�_ es.. Original to: Date of Distribution: Date /Time Stamp: Rf '_ ,98 mm,! -5 A 8 '54 Payment Information: Account 001 - 000 -4303 ITY OF SAN BERNARDIN - NOTICE OF APPEAL IMPORTANT INFORMATION: Pursuant to Council Action, all appeals to Mayor and Common Council and Board of Building Commissioners (BBC) must be filed in the City Clerk's Office accompanied by the appropriate fee. Appellant Name & Address: Contact Person & Address: Complete All Information ScoTr M. AN n/ II Z 33 BEU- IRE► ST. LOMA LINDA %2354 Contact Person Phone Number: Affected Property Address & APN # SAM E Day: 422 -1377 215 -078-o Evening 4-787-1050 245E. 9EOLAMD5 5 "D AP,1 #-01&&4- 3z1 - ?5 Type of Appeal - Check One: Appeal to the Mayor & Common Council: (* Fee Adjusted Annually) Planning Commission L Police Commission (No Charge) _ Access Appeals Board (No Charge) _ Appeals to Other Legislative Bodies: Board of Building Commissioners ($75.00) Hearing Officer (No Charge) Other /Explain: (No Charge) (continue next page) A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64): The specific action appealed, and date of that action: r r5em 17- C �L� ?�t1Rf�nl�r cJ " DANC,1 N G) Ct-A-�n C,07-5 ON /o -'30 - I ? nUE 14-1aa C�in�E 1 D n! Ffits C. U, p # q2-291 pF Rm mNG k 2ESz4xr� �nh4O 2. The specific grounds of appeal: DENIAL OF UG NS& Bftoeb E C9'mG '5rrMi5?1c5 VSEp TO AP2oJ y100S MIan1r WHOSG D/NE i\ND IN"CF ij SG Is 51IcL o41 1[ NEIJ �tPi'1,wkrr geQues No GrkN6E rnl U,E. A?PLICA0- -MAT' THE D)r1E AND DANCE UCE1J5E S006H-T WOOt.D Ncji Pose A PWX n1u'5ANCF AtS DeFINFD xrj 5.6.M.C. $.So -T , TNERE WE SeYWAL DiN AND 0MCI CLUBS (919 " SuCCGS'55) AND S Fa S M 1G1 I WttjC'H letjc. Vr W /S#65 ?U Spill. 3. The actions(s) sought from the legislative body: A'a OVAL OF DING Awl DA-NCG AW bi cA --rj0 j A'PLI A &rr 5C -e-'L-s-M WORK LutTH ALC, crri R5 AGEAictu -s M P90,11D E A 7aP- IJcrQ4 ktSTAO QAmT w rrlt D&N CI N G Af4 b &rrae TA►N M EA� 1-b &&A Mg, 4. Any additional information: L nPrrj o N r3 Co r'r r :N-rL / P2oagq z6am PR010, Signature of Appellant: DENywe. AIE%j Aftck-NT APTTae APPkovMG pREVIouS jppjjpAVf A�440Z.,— aN oy /01l9g FOR rbU-d77C4(, VSE ZS %EDICut,ous AND "A'S yer TV Be &vPLA71qFA 13Y Pbucc -ocei: Date: �/ Last Updated: 06/04/1998 �/ 0 / �- °#,,- C I T Y O F an bernardino R A C H E L C L A R K C I T Y C L E R K December 8, 1998 Mr. Scott Mann 11233 Bellaire Street Loma Linda, CA 92354 Dear Mr. Mann: At the meeting of the Mayor and Common Council held on December 7, 1998, the following action was taken regarding your appeal of the denial of your dine and dance /live entertainment permit for the Baja Broiler: "That the hearing be closed; and that the decision of the Chief of Police for denial of the dine and dance /live entertainment permit requested by Scott Mann, owner of the Baja Broiler located at 245 E. Redlands Boulevard, be upheld." If we can be of further assistance, please do not hesitate to contact this office. Sincerely, Rachel G. Clark, CMC City Clerk cc: Lee Dean, Chief of Police P. O. B O X 1 3 1 8, S A N 8 E R N A R D I N 0, C A 8 2 4 0 2 3 0 0 N O R T H 0' S T R E E T S A N 8 E R N A R 0 1 N 0 C A L I F O R N I A 9 2 4 1 8 - 0 0 0 1 ( 9 0 9) 3 8 4 - 5 0 0 2 ( 8 0 8) 3 8 4 5 1 0 2 F A X -( 9 0 8) 3 8 4. 5 1 5 8 T D 0 / T T Y -( 9 0 9) 3 8 4- 5 5 4 0