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Home My WebLink About12-Development Services ~,.< CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Dept: James G. Funk, Director Subject: Determination of Public Convenience or Development Services 0 r ,.... I' , · L Necessity for a Type 47 Liquor License for an ti I", I , V rl existing sports bar/pool room/restaurant located at 194 West Club Center Drive, No. A. Date: December 18, 2001 MCC Date: January 7,2002 Synopsis of Previous Council Action: None Recommended Motion: That the Mayor and Common Council make a determination that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 47 (on-sale General - Eating Place) license for an existing sports bar/pool room/restaurant located at 194 West Club Center Drive, No. A. VWAW(/.##- j:::Jf James G. unk Contact person: Aron Liang 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. J a- //7/0~ 1" CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Determination of Public Convenience or Necessity for a Type 47 Liquor License for an existing sports bar/pool room/restaurant located at 194 West Club Center Drive, No. A Mayor and Common Council Meeting of January 7, 2002 OWNER! APPLICANT Curt D. Goucher 194 West Club Center Drive, No. A San Bernardino, CA 92408 (909) 824-2406 REQUEST The applicant is requesting a determination of public convenience or necessity to establish a Type 47 license (On-sale General- Eating Place) for an existing sports bar/pool room/restaurant with an existing Type 41 license (On-sale Beer & Wine - Eating Place) located at 194 West Club Center Drive, No. A, in the CR-3, Commercial Regional, land use designation. BACKGROUND The Club has an approved Conditional Use Permit (CUP No. 92-19) to establish a pool hall with live entertainment and on-site sales of alcoholic beverages. Presently, the Club has requested an upgrade to the ABC license from a Type 41 (On-sale Beer & Wine - Eating Place) to a Type 47 (On-sale General- Eating Place). The Club is approximately 13,800 square feet in size and offers pool games, entertainment, and food services to include hamburgers, hot dogs, french fries, hot/cold sandwiches, pizza and chips. The owner believes that a Type 47 would enhance and allow the Club to attract more customers and increase business by expanding their services. The Type 47 license will allow the Club to sell liquor in addition to beer and wine. The business is open 7 days a week, Monday tbm Sunday from 12:00 noon to 2:00 am. The public convenience or necessity determination is required because 12 on-sale licenses have already been issued in Census Tract 71.02. More than seven (7) off-sale licenses requires that the City Council make a determination of public convenience or necessity to establish a Type 47 license. If approved, this license would be the 13th in the Census Tract. POLICE DEPARTMENT RECOMMENDATION In a letter dated November 8, 2001, the Police Department indicated no opposition to the ABC application and recommended approval provided that the applicant adheres to the Police listed conditions. Planning and Police conditions are included in Attachment C & D. FINANCIAL IMPACT None. The applicant submitted an application and the applicable processing fee. f,,, RECOMMENDATION Staff recommends that the Mayor and Common Council determine that the public convenience or necessity is served and direct the Planning Division to prepare a letter for the Department of Alcoholic Beverage Control for a Type 47 license for 194 West Club Center Drive, No. A ATTACHMENTS A- Location Map B- Site PlanIFloor Plan C- Conditions of Approval D- Police Department Report E- Applicant Letter .. CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP LAND USE DISTRICTS F"" "V",,,; -..- . STEEl COOLEY . ATTACHMENT A PROJECT: DPI NO. 01-115 u HEARING DATE: 01107/02 NORTH Ir ~ . PE.\CHWClClO IT J . ' FRa'1 : CLUB CENTER FRX NO. : 9l!l98249561 Oct. 2S 2001 04: 29PM P4 P.04 10.7 Milre-:"7~~~., ~:"~~:; w~,- ATTACHMENT B ~01662-43e-gH6 The Club Business Park c9 A <;l I:> B C - ~ ~ .. . ":t N D t iii" . ,. E \.I ~ ~-\ , IIQ ~ ~i ~ Q ..) \l ~t/i 0 ... H "'~ J!! I:; ~l -- III I (.) .a , .i! C K i~;~-5 I I I , I 5: R Q .Q 1"'" . o f? ~W___~__~_H_______"_._H.~~j~~.~~~~ID) ---.--........-.- --_Or' ..._.....~ 0 CT 2 5 2001 bn /JI.. II ~ p Hunts Lane CllY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT ., Mar-20~Ol 04:3BP Wilbur W. Lorbeer P.02 562-43B~9116 '.' -. ^'J."lJo\.i,..!'.u.'.&.t:.~"'", .. . . I . " L ':lOSSY , NOl.ijOW "Q.tt - , JM : ( ~~!I~ ,_ \~~ -".- rt I - ~" . ~ ~ ..,. -..,.....r# ...t .. t. ... II~",~ u,~ .'1 r! .... ::, 1 ~i ' . , .... .... ":' #111";) . '''O~ .JJI~ i'......... ~ ... '~, rlo ~Dl' ,. 0 D ~.~I , I~ . + D .4 !!II n ,oDD D ~,- DJ~ ~ ~ 0 I o()o + 0 *"00> q J rn ~DDi '~I. I ~ D . I~ D 0.0 n. II lJ'ill~ -- : ~D 0 ~ D. 0 D~ If j~ [!J (D) # -5- !!!I ~ cfp , I ~! rn 000, :: ..~~"t .... ..... ~ ... ....~h ........ I' ~ ~ d 0() 01. () ~([ , ~ ,~ 'J \J ~ ~ ~~ ~c: t"... . ; CUP 92-29 ; , ATTACHMENT C CONDITIONS OF APPROVAL Development Permit (Type I) No. 01-115 1. Within two years of this approval, all necessary permits must be obtained or the permit/approval shall become null and void. EXPIRATION DATE: January 7, 2004 2. The review authority may, upon application being filed 30 days prior to the expiration date and for good cause, grant one time extension not to exceed 12 months. The review authority shall ensure that the project complies with all current Development Code provisions. 3. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), the Economic Development Agency of the City of San Bernardino (EDA), any departments, agencies, divisions, boards or commission of either the City or EDA as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of either the City or EDA from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City of any costs and attorneys' fees which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorneys fees" for the purpose ofthis condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Development Permit is rescinded or revoked, whether or not at the request of applicant. 4. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, San Bernardino Department of Environmental Health Services, and California Board of Equalization), as applicable. 5. Signs are not approved as a part of this permit. Prior to establishing any new signs, or replacing existing signs, the applicant shall submit an application, and receive approval, for a sign permit from the Planning Department. All signage on the site shall be permanent. Signs painted on the sides of buildings are prohibited. ; . 6. If the color of the building is to be modified, the revised color scheme shall be reviewed and approved by the Planning Division prior to painting. 7. This permit or approval is subject to the attached conditions or requirements of the following City Departments or Divisions: ...x.- Police Department Pursuant to San Bernardino Development Code Sections 19.52.080 and 19.52.100, Development Permits shall become effective 15 days following the final date of action by the appropriate review authority, unless an appeal is filed. All appeals shall be submitted to the Department of Planning and Building Services, within 15 days of the final decision. The documentation shall specifically state the basis of the appeal. If no appeal is filed pursuant to the above provision of the San Bernardino Development Code, the approval of Planning staff shall be final. I .' ATTACHMENT D City of San Bernardino San Bernardino Police Department Interoffice Memorandum 00 [g cg; [g 0 \Y7 [g ill) NOV 2 9 2001 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT To: ARON LIANG, ASSOCIATE PLANNER CSR II M. SOTO~ ~/L From: Subject: DEVELOPMENT PERMIT I NO. 01-115 - 194 W. CLUB CENTER DR. Date: NOVEMBER 8, 2001 Copies: PROBLEM: On 11-11-01, I received a memorandum from Associate Planner, Aron Liang, asking me for comments regarding 194 W. Club Center Dr. Applicant, Curt Goucher, made an application for a Development Permit I. The applicant is applying for an upgrade of an existing ABC License Type 41 (On-sale beer/wine/eating place) to a License Type 47 (On-sale general/eating place). RECOMMENDATIONS: Approval for the Development Permit I is recommended as long as the applicant is subject to the listed conditions. (Refer to attached conditions.) FINDINGS: The business is located at 194 W. Club Center Dr. #A. The business is a sports bar. There are 14 employees. The on-site manager is Curt Goucher. The business is open seven days a week from 12:00 noon to 2:00 a.m. The business is located in reporting district S3180. There are 152 part I crimes and 92 part II arrests in this reporting district. The business is located in Census Tract 71.02. There are 12 existing on-sale ABC licenses in this Census Tract. There are seven on-sale ABC licenses allowed in this Census Tract. Area Commander Lt. M. Emoto was advised about the application and was asked for his input. Area Sergeant E. Lemos responded by stating the area command has no objections to this request. (Refer to attached e-maiL) TIiE SBPD IS COMMITTED m PROVIDING, PROGRESSIVE QUAlIIY POUCE SERVICE; A SAFE ENVIRONMENTm IMPROVE TIiE QUAUlYOFLIFE; A REDUCTION IN CRIME TIlROUGH PROBLEM RECOGNmON AND PROBLEM SOLVING . . Page 2 A TT ACHMENTS: I. 2. 3. Police concerns Conditions E-mail from 5gt. E. Lemos POLICE CONCERNS Location: 194 W. Club Center Dr. #A Reporting District: S3180 (Stats for 2000) Part I Crimes: 152 Persons: 23 Property: 129 Part II Arrests: 92 Alcohol related arrests: 23 Census Tract: 71.02 Existing on Sale ABC licenses: 12 Allowed on Sale ABC licenses: 7 GENERAL VICINITY: Distance to nearest: School: United Education Institute 295 E. Caroline Church: Filipino Visayan Church of Seventh Day Adventist 882 S. Waterman Ave. Park: Colony Park Shady Glen & Harwick ABC On Sale Premises: Surfer Joe's Restaurant 259 E. Redlands Blvd. ABC Off Sale Premises: Arco Gas/Convenience Store 305 E. Redlands Blvd. Distance of parking lot to residence: 2393 E. Mountain Woods .4 mi. 2mi. .7mi. .5mi. .6mi. .2mi. , CONDITIONS 194 W. Club Center Dr. #A I. The licensee shall be responsible for posting of signs prohibiting littering 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. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 4. The sale of beer and/or wine for consumption oft the premises is prohibited. . Page 1 of 1 Soto_Ma From: Lemos_Er Sent: Thursday, November 08, 2001 9:43 AM To: Soto_Ma Subject: RE: ABC License upgrade - 194 W. Club Center Dr. Martha, The area command has no objections to this request nor do we have any extraordinary conditions to recommend.. Ernie -----Original Message----- From: Soto Ma Sent: Wednesday, November 07, 2001 12:47 PM To: Emoto Ma Co: Lemos-Er Subject: ABC License upgrade - 194 W. Club Center Dr. AREA COMMAND Recommendation for-Alcoholic Beverage Control License/Operators Permit Date: November 11, 2001 Applicant: Curt Goucher Business Name: The Club Location: 194 W. Club Center Dr. Type of Application: Upgrade an ABC License Type 41 on-sale beer/wine/eating place to an ABC License Type 47 on-sale general/eating place Type of Business: Sports Bar Do you recommend that this license be approved. If not, why? If you recommend that this license be approved, what conditions would you recommend be placed on the business? ***Please return this form with your comments no later than five days from the above date. 11/08/2001 - . " ATTACHMENTE October 25,2001 Department of Alcoholic Beverage Control Attn: Jimmie Brown, Investigator I 3737 Main Street, Suite 900 Riverside, CA 92501 Re: Public Convenience & Necessity Letter for The Club Dear Mr. Brown; I am forwarding a letter outlining the Public Convenience and Necessity of our establishment, including the diffirrence and uniqueness of the products and services we are offering, to the inunediate community. This establishment will offer local business employees a place to go for lunch and will also have the availability of a private room for luncheons and business meetings. We will have an on-site private teacher for those patrons interested in learning the art of pool and darts. We house 23 of the best pool tables made, which will enable us to host pool tournaments as well as dart tournaments. We will be offering food and live entertainment ranging from karaoke to jazz with an area for dancing. This music will appeal to all ethnic backgrounds and will be geared to those from the mid-thirties and baby-boomers to senior adults. Our food menu will include; hamburgers, hot dogs, french fries, poppers, fried zucchini/onion rings, hot/cold sandwiches, pizza and chips. Many of those within the establishment (The Club) are of the baby-boomer generation and see the necessity of providing not only those of us within our age group a safe and enjoyable place to gather and socialize, but also see this same need expressed by our aging parents and are ready to meet that demand. Special attention has been paid to providing the handicapped with the necessary accommodations as required by the city for their enjoyment as well. The local businesses and what they have to offer the surrounding community is of utmost concern to The Club. We want to work in conjunction with the local government to be a positive addition to the area and, hopefully, will be part of a continuing effort by local businesses and the city to make San Bernardino a county to be proud of. In addition to the above information that you have asked for I've included a copy our "Proof of Publication". Should you have a need for any further information, please don't hesitate to call me at (909) 824-2406. Thank you in advance for your attention to this matter. Sincerely, Curt D. Goucher Enclosure ~ ~LJ~ CITY CLERK'S OFFICE RACHEL G. CLARK, CM.C. - CITY CLERK P.O. Box 1318. San Bernardino' CA92402 300 North "D" Street. San Bernardino' CA 92418-0001 909.384.5002. Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us ,M January 9, 2002 Curt D. Goucher 194 W. Club Center Drive, No. A San Bernardino, CA 92408 Dear Mr. Goucher: At their meeting of January 7, 2002, the Mayor and Common Council made a determination that the public convenience or necessity is served and directed the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 47 (on-sale General - Eating Place) license for an existing sports bar/pool room/restaurant located at 194 W. Club Center Drive, No. A. If we can be of further assistance, please do not hesitate to contact this office. Sincerely, ct..kL tJ. CL.;<.L Racliel G. Clark, CMC City Clerk RC:ls cc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity. Honesty #/L