PPRP #15-0007 - City of Los Angeles

Transcription

INTRADEPARTMENTAL CORRESPONDENCE
February 17, 2015
1.0
TO:
The Honorable Police Permit Review Panel
FROM:
Commanding Officer, Commission Investigation Division
SUBJECT:
REVIEW AND CONSIDERATION OF THE GRANTING OF A POLICE COMMISSION
PERMIT
OBA: an 01ell
PERMIT TYPE: Cafe Entertainment/Show
!
APPLICANT: EL LUGAR DEL MARIACHI LLC
LOCATION: 1248 S FIGUEROA ST #200
PERMIT NO.: 000280251100015P519
&t.,(-Grt I(
LO
The permit application and various supporting documentation for the above-mentioned applicant were
reviewed by staff of the Commission Investigation Division. The investigation performed as part of the
application process revealed that:
• The application conforms to the written application requirements for police permits outlined in Los
Angeles Municipal Code section 103.02.1.
• The Police Permit Review Panel may issue this permit pursuant to Los Angeles Municipal Code section
103.102, which regulates the Cafe Entertainment/Show permit.
• No criminal history for the Applicant that should prohibit granting of the permit existed in the California
Department of Justice records at the time of investigation.
• No adverse Police Commission permit or disciplinary history was found.
• The Department of Building and Safety has deemed that the business is a permitted use at the location.
• Notice of Application was sent to the appropriate Council District Office and Neighborhood Council.
No objections received
• Notice of Application was sent to the appropriate geographic police division. No objections received
• Public input: None
It is recommended that the Panel approve the Applicant's permit application.
WATERS, Lieu enant II
Commanding Officer
Commission Investigation Division
Attachments
NIMUOMMINHMHUMNI
Application
I
Form: City of Ins Angeles, Board of
Police Commissioners,Applicadon for
Police Commission Permit
Type of Permit
4— Fill out Type of Permit
Cafe Entertainment
Main kn.inl
Location, Check Digit
Account
Number
MONTH / DAY
900 3-
Type of APR-
Police Commission
Number.
Police Area:
Council Dist
Fingerprints:
Y
LOS ANGELES POLICE COMMISSION-POLICE PERMITS
WO W.FIRST ST.,#147
LOS ANGELES, CA 90012 (213) 996 -1210
Dale Of Application:
REENA
JAN 014418
Occupancy issued.
RMIT PROCESSING S
Zoning( Approved:
II
Fee:
N
YEAR
ABOVE FOR OFFICE USE ONLY
Please type or print legibly
APPLICANT INFORMATION
A
NATURE OF BUSINESS
B
Legal Name of Apo/cant
El Lugar del Mariachi LLC
Name and We ci person submdting appficalion
Vicente Ortiz, Managing Member
Type of
Eisao Pmpriotor
Business Entity Dp.ibleistip
II comorroiti:
LLC
Dona
Business Name(Doing Business As)
Don Chente Bar—Grill i• Lounge
City & Stale
Business Address
1248 S. Figueroa St. Ste 200 Los Angeles, CA
Zip
90015
BusinessMailing Address (valorem wen woe maw)
City & State
1248 S. Figueroa St. Ste 200 Los Angeles, CA
Zip
90015
Please Indicate `Yes' or 'No'to the following questions,'and place your initials in the box provided
1. Do the owners, managers, employees, or entertainers of this business provide sexually oriented materials, products, serapes or rnerchandse
as defined by the Los Angeles Municipal Code Section 103.01?
Initials
Please write Yes or No In the box provided
L).0
2. Do the owners, managers, employees, entertainers or patrons of this business perm or engage in specified sexual activities at the business
as defined by the Los Angeles Municipal Code Section 103.01?
.
4 No
Initials
3. Does this business possess or is it in the process of obtaining an Alcohol Beverage Control(ABC)license?
Yes
Initials
ALL CORPORATE OFFICERS, GENERAL PARTNERS, AND OTHER PERSON(S)
WITH GREATER THAN 5% FINANCIAL INTEREST IN BUSINESS MUST
COMPLETE SECTIONS C&D.
THIS APPLICATION IS NOT COMPLETE UNTIL ALL QUESTIONS ARE
ANSWERED, ALL INITIALS, AND SIGNATURES ARE OBTAINED, AND ALL
DOCUMENTS REQUIRED ON GEN. FORM 195-1(REV 2-11) ARE SUBMITTED
Los Angeles Police Commission—Police Permits
Form
Zoning and Use Clearance for Police Permit
POlice Department cannot issue a permit for business activity which Is not allowed at a location. This form must be signed off at an office of the
Department of Building and Safety.
Instructions:
1. Enter type of police permit(1).
2. Enter address (2).
3. Go to one of the following Building and Safety offices to have this form signed off.
Counter Hours:
201 N. Figueroa St. (First floor) 90012
Mon., Tues., Thur., Fri.
• DOWNTOWN:
7:30-1:3B
• *SAN PEDRO:
638 S. Beacon St. (Room 276) 90731
Wed.
9:00-4:30
6262 Van Nuys BI. (Room 251) 91401
• VAN NUYS:
*San Pedro office is dosed between Noon and 1pm daily.
4. Make sure that Building and Safety staff:
• SIGNS the form. • DATES the form for the date it is signed off.
• STAMPS the form.
This form is not complete until all required signatures are obtained (on this form), all questions are answered, and documents on required document list are
submitted.
J LADES Use
(1) Type of Police Permit-Cqfe. Enifert
4,veneN±
(2) Address of Business - D4
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Between
Legal Description
Tract
j Blk
Lot
Br
Dist. Map No.
Business Shown
Occupancy Record"
tss Shown 1:EIs
A Permitted Use.
00
Comment:
Is Not
A Permitted Use by the
Is Not
—(o
0003 -1001/4"-)I—
ui(<2 -I moo
Signature:
Comment:
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;ignature:
'rint Name:
I Streets
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Zone
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al a Phone Number:
QJ Conditions:
7.ity Planning
*APPLICANT NOTE—There may be additional Bolin
7onditional Use Permit Required
fety and/or Zoning requirements applicable to the business.
No
CUP Issued ZA No.
iqs
to
ad use been vacated greaterthan one year?
emarks:(Incidental Use, Auxiliary Use)
'Y'S.FECI`k'
I
Yes
.7.);:-terite:attailtalC11.1),O1.1eZirsIte:Pin)('
Ca
;:r
LINN K. WYATT
CHIEF ZONING ADMINISTRATOR
ASSOCIATE ZONING ADMINISTRATORS
R. NICOLAS BROWN
SUE CHANG
LOURDES GREEN
CHARLES T. BAUSCH, JR
JIM TOKUNACA
FERNANDO TOVAR
DAVID WEINTRAUB
MAYA L ZAITZEVSKY
OF LOS ANGELEL
CALIFORNIA
DEPARTMENT OF
CITY PLANNING
MICHAEL J. LOGRANDE
DIRECTOR
OFFICE OF
ZONING ADMINISTRATION
200 N.SPRING STREET, Pc Flom
LOS ANGELES, CA 9001 2
D13)978-1318
FAX:(213) 978-1334
www.planning.lacity.org
ERIC GARCETTI
MAYOR
December 12, 2013
Downtown LIVE (A)(0)
807 East 12th Street, Suite 401
Los Angeles, CA 90021
Michael J. Finnegan (R)
Pillsbury Winthrop Shaw Pittman LLP
725 South Figueroa Street, Suite 2800
ZA 2009-2992(CUB)(CUX)(CU)(PA1)
APPROVAL OF PLANS
1248 South Figueroa Street /
601 West Pico Boulevard
Central City Planning Area
Zone : C2-4D-0
D. M. : 126A205
C. D. : 14
CEQA : ENV-2009-2993-MND
Legal Description: Lot 9, 10 and Por. Lots
11 and 14-15, Carson and Currier's
Subdivision of Block 89 Ord's Survey
Tract, M.R. 55-3
Pursuant to Los Angeles Municipal Code Section 12.24-M and Condition No. 38 of Case
No. ZA 2009-2992(CUB)(CUX)(CU), I hereby DETERMINE:
that partial but not full compliance has been attained with the conditions of the prior
action of the Zoning Administrator in association with the continued operation of three
restaurants in the C2-40-0 Zone,
The conditions are hereby retained and/or modified through underlining or cross-out as
follows:
1.
All other use, height and area regulations of the Municipal Code and all other
applicable government/regulatory agencies shall be strictly complied with in the
development and use of the property, except as such regulations are herein
specifically varied or required.
The use and development of the property shall be in substantial conformance with
the plot plan submitted with the application and marked Exhibit "A", except as may
be revised as a result of this action.
3.
The authorized use shall be conducted at all times with due regard for the character
of the surrounding district, and the right is reserved to the Zoning Administrator to
impose additional corrective Conditions, if, in the Administrator's opinion, such
Conditions are proven necessary for the protection of persons in the neighborhood
or occupants of adjacent property.
CASE NO. ZA 2009-2992(CUB)(CUX)(CU)PA1)
PAGE
2
All graffiti on the site shall be removed or painted over to match the color of the
surface to which it is applied within 24 hours of its occurrence.
5.
A copy of the first page of this grant and all Conditions and/or any subsequent
appeal of this grant and its resultant Conditions and/or letters of clarification shall be
printed on the building plans submitted to the Zoning Administrator and the
Department of Building and Safety for purposes of having a building permit issued.
6.
The applicant shall defend, indemnify and hold harmless the City, its agents,
officers, or employees from any claim, action, or proceeding against the City or its
agents, officers, or employees relating to or to attack, set aside, void or annul this
approval which action is brought within the applicable limitation period. The City
shall promptly notify the applicant of any claim, action, or proceeding and the City
shall cooperate fully in the defense. If the City fails to promptly notify the applicant
of any claim action or proceeding, or if the City fails to cooperate fully in the
defense, the applicant shall not thereafter be responsible to defend, indemnify, or
hold harmless the City.
7.
This grant shall have a life of ten years for all three restaurants including the
rooftop, after which the grant entitlement shall become null and void and the
applicant shall file for and win approval of a new grant(s)from the Office of Zoning
Administration in order to continue dancing, the sale of a full line of alcoholic
beverages for on-site consumption and late night hours of operation, as well as
parking in the R5 Zone. This 10 year date shall start from the effective date of this
instant action.
The applicant/operator(s) shall secure a City permit decal denoting approval of
alcoholic beverage sales from a Planning Department public counter subsequent to
the Zoning Administrator's signature on the Planning Department sign-off form and
mount it on either the inside of the window of each of the three restaurants facing
the front street or on the outside of the building (if inside mounting is not possible).
The decal shall be visible at all times and mounted before the privileges granted
herein are utilized.
9.
Parking, as to number,shall be provided in accordance with the requirements of the
Los Angeles Municipal Code to the satisfaction of the Department of Building and
Safety. No variance from said requirements has been requested or granted herein.
10.
A cocktail lounge shall not be maintained incidental to any of the three restaurant
uses.
11.
DELETE alcohol.
12.
MODIFIED - Restaurant Conditions:
a.
•
e
•. tee e
PAGE
3
b.
The kitchens shall comply with the definition in Section 91.0403 of the Los
Angeles Municipal Code.
c.
The premises shall be maintained as a bonafide eating place with an
operational kitchen and shall provide a menu containing an assortment of
foods normally offered in such restaurants.
Food service shall be available at all times during operating hours.
e.
13.
DELETE
14
DELETE Off site sales of alcohol as a secondary use to on site sales shall not
15.
DELETE No sale or service of alcoholic beverages shall occur after 1:30 a.m.(last
16.
No public telephones shall be permitted on the exterior of the premises.
17.
All exterior public spaces shall be illuminated with sufficient lighting to identify all
persons standing outdoors at night. All lighting shall be shielded and directed onto
the site and shall be located so as not to shine directly onto any adjacent or nearby
residential property.
1B.
A security plan shall be implemented,subject to the approval of LAPD Central Area,
and be imposed as a Condition of this grant, as if stated in full herein. The security
plan shall include at a minimum.
a.
All security guards shall wear a uniform with a patch on each shoulder
identifying the name of the registered security company which employs them.
b.
While employed on the property, the guards shall conduct no activity other
than that of a security guard. Security guard duties shall be specified in the
Security Plan submitted to the Police Department for their review and
approval. Security guard duties shall include (at minimum), checking
identification and maintaining order among, as well as other normal security
guard duties.
c.
The guards shall be responsible for preventing loitering and any criminal
activity on the property.
d.
The guards shall request the assistance of the Los Angeles Police
Department if based upon his/her training, the situation so warrants.
e.
PAGE
4
The guard shall cooperate with all law enforcement and Planning
Department personnel during any investigation or inspection on the property.
A copy of the contract with the security agency, including the conditions of
approval of this grant, shall be provided to the satisfaction of the Zoning
Administration within 30 days of the date of effective date of this action.
A video camera security system consisting of no less than 7 exterior and 35
interior cameras shall be maintained at the premises to provide surveillance
of the exterior portions of the structure, and parking areas, and the interior of
the premises. Video tapes shall be retained for at least one month and shall
be made available to the Police upon request. A video monitor shall be
located in such a manner so as to be monitored by the on-site Security
Supervisor when live entertainment or dancing is occurring. Proof of
installation of the video camera system shall be provided to the satisfaction
of the LAPD and a copy sent to the Zoning Administrator within 60 days of
the date of effectiveness of this grant.
19.
Within six months of the date of effectiveness of this action, all managers,
bartenders, wait staff involved with the sale of alcoholic beverages, and all security
guards, shall enroll in the Los Angeles Police Department "Standardized Training for
Alcohol Retailers (STAR). Evidence of such training shall be submitted to the
Zoning Administrator by the operator upon completion of such training. This training
program shall be required of all new staff, including any possible new operator,
engaged in the sale of alcoholic beverages. Said training shall be completed by new
employees within four weeks of the start of their employment.
20.
The managers of each of the premises allowed by this grant shall meet every six
months with the Los Angeles Police Department Vice Unit Officer in Command to
discuss any issue, concern or problem associated with the operation of the market
at this location. A record of such meeting shall be kept by the applicant and a copy
ofsame shall be forwarded to the Office ofZoning Administration for inclusion in the
subject file.
21.
Signs shall be posted and maintained in and outside the premises that state: "No
loitering or Public Drinking is Allowed On or In Front of These Premises", and "No
Open Alcoholic Beverages Containers Are Allowed On The Premises".
22.
Signs shall be posted and maintained which indicate that California Law prohibits
the sale of alcohol to minors.
23.
The applicant/operators of all three restaurants shall install an electronic age
verification device to determine the age of any individual attempting to purchase an
alcoholic beverage at every point-of-sale location. The devices shall be maintained
in an operational condition and all employees shall be instructed in their respective
use.
PAGE
5
24.
The property, including all associated parking facilities, shall be maintained in an
attractive condition and shall be kept free of trash and debris at all times.
25.
Areas devoted to trash storage or other storage shall be buffered so as not to result
in noise, odor or debris impacts to other nearby or adjacent properties.
26.
The exterior portion of the site, including parking facilities, shall be swept daily.
27.
DELETE
29.
Employees:
Unit No. 100: There may be 10-12 employees on the site at any given time.
Unit No. 200: Rooftop Terrace There may be 10-12 employees on the site at any
given time.
30.
MODIFIED - There are no minimum age requirements but minors under the aqe of
18 must be accompanied by an adult after curfew hours.
31.
There shall be no Adult Entertainment of any type pursuant to LAMC Section 12.70.
32.
The applicant and any subsequent lessee shall maintain on the premises and
present upon request to any law enforcement officer, a copy ofthe Business Permit,
Insurance information and a valid emergency contact phone number for the Security
Company services being used.
Unit Specific Conditions
33.
Unit No. 100:(6 700 square feet)
No form of live entertainment.
No patron dancing.
Hours of Operation:
10:00 a.m. — 2:00 a.m., daily.
Hours of Alcohol Sales: 10:00 a.m. — 2:00 a.m., daily.
North Outdoor Patio:
76
Fixed Bar:
30
Dining Area:
112
Total Seating Capacity: 278
34.
PAGE 6
Unit No. 101:(6,050 square feet)
No patron dancing.
10:00 a.m. — 2:00 a.m., daily.
Hours of Operation:
16
Fixed Bar
Dining Area:
176
192
Total Seating Capacity:
DELETE
200:(12,750 sq. ft.) - Sports Lounge
35
Live entertainment, patron dancing, and 15 game arcade machines.
10:00 a.m. —4:00 a.m., daily.
Hours of Operation:
76
South Outdoor Patio:
64
30
Fixed Bar:
284
Dining Area:
Unit No.200:(10,250) - Rooftop Terrace
form of live entertainment.
No pa
Hours of Operation:
10:00 a.m. — 4:00 a.m., daily.
Fixed Bar/Counter:
11
Area:
250
Dining
Unit 200 Dancing and Patios
36.
Unit 200 is permitted hours of operation from 10:00 a.m. to 4:00 a.m. daily, with live
entertainment and patron dancing allowed. A fixed bar counter providing 30 seats is
permitted. At all times the operation of this premises shall be in compliance with the
following conditions:
a.
Live entertainment and patron dancing may be allowed for general public
events on Wednesdays through Saturdays,from 10:00 p.m. until closing.
b.
Live entertainment and patron dancing shall be allowed on Sundays through
Tuesdays for special events (e.g., family social functions, weddings,
PAGE
7
anniversaries, corporate and charity events, birthdays, bar and bat mitzvahs,
etc.).
c.
The premises shall not be rented to promoters, nor shall promoters be
employed to attract patrons to this business.
There shall be no amplified music allowed on the southernmost patio after
10:00 p.m. daily. Any noise emanating from the use of this patio shall be in
compliance with the Noise Abatement rules of the LAMC.
e.
A security guard shall be posted at the doors leading to the patios to monitor
patron activities, and to assure that these patios not become over-crowded.
f.
The rooftop will be an adjunct use to Unit 200, operating from 10:00 a.m. to
12 Midnight daily, with no live entertainment or dancing allowed. There will
be a fixed bar counter providing 11 seats.
g.
There shall be no amplified music allowed on the rooftop after 10:00 p.m.
daily.
Plan Approval Review for Condition Compliance
38.
In order to provide for reexamination in two years of the matter in light of any
changed conditions in the neighborhood or operation of the three restaurants and
rooftop, either individually or collectively as herein authorized by this first Plan
Approval, the owner(s)/operator(s) of the individual venues, or property owner for
the site, must file a another "Plan Approval" application. Said application must be
filed no later than three months prior to the end of the two year period. The
application shall be accompanied by the payment of appropriate fees, as governed
by the Los Angeles Municipal Code, and must be accepted as complete by the
Planning Department public counter. The completed application shall be
accompanied by tenant/owner notice labels for the adjoining properties and include
individuals on the interested parties list related to the subject authorization. All three
venues and the rooftop may be considered in total under one application.
Covenant and Agreement - Applies to all Units
39.
Prior to the issuance of any permits relative to this matter, a new covenant
acknowledging and agreeing to comply with all the terms and conditions established
herein shall be recorded in the County Recorder's Office. The agreement(standard
master covenant and agreementform CP-6770)shall run with the land and shall be
binding on any subsequent owners, heirs or assigns. The agreement with the
conditions attached must be submitted to the Zoning Administrator for approval
before being recorded. After recordation a certified copy bearing the Recorder's
number and date shall be provided to the Zoning Administrator for attachment to the
subject case file.
40.
PAGE
8
Prior to the clearance of any conditions, the applicant shall show proof that all fees
have been paid to the Department of City Planning, Expedited Processing Section.
OBSERVANCE OF CONDITIONS - TIME LIMIT - LAPSE OF PRIVILEGES - TIME
EXTENSION
All terms and Conditions of the approval shall be fulfilled before the use may be
established. The instant authorization is further conditional upon the privileges being
utilized within two years after the effective date of approval and, if such privileges are not
utilized or substantial physical construction work is not begun within said time and carried
on diligently to completion, the authorization shall terminate and become void. A Zoning
Administrator may extend the termination date for one additional period not to exceed one
year, if a written request on appropriate forms, accompanied by the applicable fee is filed
therefore with a public Office of the Department of City Planning setting forth the reasons
for said request and a Zoning Administrator determines that good and reasonable cause
exists therefore.
TRANSFERABILITY
This authorization runs with the land. In the event the property is to be sold, leased, rented
or occupied by any person or corporation other than yourself, it is incumbent upon you to
advise them regarding the conditions of this grant.
VIOLATIONS OF THESE CONDITIONS, A MISDEMEANOR
Section 12.29 of the Los Angeles Municipal Code provides:
"A variance, conditional use, adjustment, public benefit or other quasi-judicial
approval, or any conditional approval granted by the Director, pursuant to the
authority of this chapter shall become effective upon utilization of any portion of the
privilege, and the owner and applicant shall immediately comply with its Conditions.
The violation of any valid Condition imposed by the Director, Zoning Administrator,
Area Planning Commission, City Planning Commission or City Council in connection
with the granting of any action taken pursuant to the authority of this chapter shall
constitute a violation of this chapter and shall be subject to the same penalties as any
other violation of this Code."
Every violation of this determination is punishable as a misdemeanor and shall be
punishable by a fine of not more than $2,500 or by imprisonment in the county jail for a
period of not more than six months, or by both such fine and imprisonment.
APPEAL PERIOD - EFFECTIVE DATE
The applicant's attention is called to the fact that this variance is not a permit or license and
that any permits and licenses required by law must be obtained from the proper public
agency. Furthermore, if any Condition of this grant is violated or not complied with, then
this variance shall be subject to revocation as provided in Section 12.24 of the Municipal
Code. The Zoning Administrator's determination in this matter will become effective after
PAGE
9
December 27, 2013, unless an appeal there from is filed with the City Planning
Department. It is strongly advised that appeals be filed early during the appeal period and
in person so that imperfections/incompleteness may be corrected before the appeal period
expires. Any appeal must be filed on the prescribed forms, accompanied by the required
fee, a copy of the Zoning Administrator's action, and received and receipted at a public
office of the Department of City Planning on or before the above date or the appeal will not
be accepted. Forms are also available on-line at hftp://cityplanninq.lacity.orq/ Public
offices are located at:
Figueroa Plaza
201 North Figueroa Street,
4th Floor
(213)482-7077
Marvin Braude San Fernando
Valley Constituent Service Center
6262 Van Nuys Boulevard, Room 251
Van Nuys, CA 91401
(818) 374-5050
If you seek judicial review of any decision of the City pursuant to California Code of Civil
Procedure Section 1094.5, the petition for writ of mandate pursuant to that section must be
filed no later than the 90th day following the date on which the City's decision became final
pursuant to California Code of Civil Procedure Section 1094.6. There may be other time
limits, which also affect your ability to seek judicial review.
NOTICE
The applicant is further advised that all subsequent contact with this office regarding this
determination must be with the Zoning Administrator who acted on the case. This would
include clarification, verification of condition compliance and plans or building permit
applications, etc., and shall be accomplished BY APPOINTMENT ONLY in order to assure
that you receive service with a minimum amount of waiting. You should advise any
consultant representing you of this requirement as well.
FINDINGS OF FACT
After thorough consideration of the statements contained in the application, the plans
submitted therewith, the report by the Department of City Planning Staff thereon, and the
statements made at the public hearing on Auqust 7, 2013,all of which are by reference
made a part hereof, as well as knowledge of the property and surrounding district, I find
that the requirements and prerequisites for granting a conditional use plan approval as
enumerated Section 12.24 of the Municipal Code have been established by the following
facts:
BACKGROUND
The project is the review of the effectiveness of and compliance with the terms and
conditions of the grant for the continued sale of a full line of alcoholic beverages for on-site
consumption in three restaurants with one of the three restaurants having a rooftop
operation, patron dancing and 15 arcade game machines as part of its venue, also, the
continued use and maintenance of 48 parking spaces and to continue the hours of
operation as approved.
PAGE 10
The applicant is requesting a Zoning Administrator's Plan Approval pursuant to the
provisions of Section 12.24-M of the Los Angeles Municipal Code and as required by
Condition No. 38 of Case ZA 2009-2992(CUB)(CUX)(CU). Condition 38 of Case No ZA
2009-2992(CUB)(CUX)(CU) reads:
38. In order to provide for reexamination in two years of the matter in light of any
rooftop, either individually or collectively as herein authorized, the
owner(s)/operator(s) of the individual venues or property owners for the site, must
file a "Plan Approval" application. Said application must be filled no later than
three months prior to the end of the two year period. The application shall be
accompanied by the payment of appropriate fees, as governed by the Los
Angeles Municipal Code, and must be accepted as completed by the Planning
Department public counter. The completed application shall be accompanied by
tenant/owner notice labels for the adjoining properties and include individuals on
the interested parties list related to the subject authorization. All three venues and
the rooftop may be considered in total under one application.
The property is currently developed with a two-story, 27,800 square-feet commercial
building presently occupied by the three restaurants. Unit 100 is occupied by Hooters
Restaurant, Unit 101 is occupied by Stella's Restaurant, and Unit 200 and the roof top
terrace is occupied by Icon Ultra Lounge. The subject property is a relatively level,
irregularly shape, corner parcel of land consisting of ten contiguous parcels totaling
approximately 32,626 square feet. Legal addresses for the property range from 1248 South
Figueroa Street to 601 West Pico Boulevard. The westerly parcel consists of two record
lots and a portion of a lot and has a frontage on 129.98 feet along the easterly side of
Figueroa Street and a maximum depth of 155.23 feet. The building and surrounding lots
were formerly used as part of an automobile dealership. The easterly property is a level,
irregularly shaped parcel of land which consists of two lots, having a frontage of 152 feet
along the north side of Pico Boulevard and a maximum depth of 90.95 feet. The parcel is
used exclusively as a public parking area with vehicular access primarily from the adjacent
alleyway.
Initially the applicant requested modifications to operating conditions. Specifically a
request was made to modify Condition No.34 to allow live entertainment in Unit 101 where
it is currently not allowed. To modify Conditions No. 35 and 36.f to read: "The roof top
terrace will be adjunct to Unit 200 having hours of operation from 10:00 am. to 4:00 a.m.
daily; with live entertainment and patron dancing until 2:00 am. on Thursday through
Sunday." Currently the roof top terrace is prohibited from having live entertainment and
patron dancing. The applicant also requested to modify Condition No. 10 specifically and
elsewhere in the grant where appropriate to allow Unit 200 to become a Public Premise
(Type 48 ABC permit) instead of a restaurant(Type 47 license) as currently permitted. It
was later determined that these modification requests could not be processed under the
plan approval because the requests constitute a change in the mode and character from
the original approval therefore the subject Plan Approval determination is for the condition
compliance provision only.
PAGE 11
Northerly, the adjoining property is classified in the LASED Zone, which is part of the Los
Angeles Sports and Entertainment District Specific Plan and is currently improved with a
surface parking lot.
Easterly, across Flower Street, the adjoining property is classified in the[Q]R5-4D-0 Zone
and improved with a three-story building occupied by a retail fabric business.
Southerly, the adjoining property is classified in the C2-2D-0 Zone and improved with a
City operated parking lot. Across Pico Boulevard,the property is improved with a four-story,
126-unit multiple-family dwelling with a variety of commercial uses on the ground floor.
Westerly, across Figueroa Street, the adjoining property is classified in the PF-40-0Zone
and improved with the Los Angeles Convention Center.
Figueroa Street,adjoining the subject property to the west, is a designated Major Highway
Class II, dedicated to a variable width of 102-117 feet and fully improved with curbs,
gutters, sidewalks and street lights on both sides.
Pico Boulevard, adjoining the subject property to the south, is a designated Secondary
Highway, dedicated to a variable width of 86 to 108 feet and fully improved with curbs,
gutters and sidewalks and street lights on both sides.
Flower Street, adjoining the subject property to the east is a designated Secondary
Highway, dedicated to a variable width of 90 to 95 feet and improved with curbs, gutters,
sidewalks and street lights on both sides
The Alleyway which intercepts the two parcels within the ownership, terminates along the
northerly lot line of the commercially zoned parcel, is dedicated to a width of 20-feet and
improved with a concrete center gutter-line and asphalt pavement.
Previous Cases, Affidavits, Permits, and Orders on Subject Property
Case No. ZA 2009-2992(CUB)(CUX)(CU) — On January 27, 2011, the Office of Zoning
Administration dismissed a request for the continued use and maintenance of the existing
bi-poled off-site signs in the[QIR5-4D-O Zone in that the request was inappropriately filed
and could be considered under Los Angeles Municipal Code Section 12.24-W,37;
approved a request for a conditional use permit for the sale and dispensing of a full-line of
alcoholic beverages for on-site consumption in three restaurants with one of the three
restaurants having a rooftop operation as part of its venue; a request for a conditional use
permit to allow patron dancing in one of the three proposed restaurants; a requests for a
conditional use for the establishment and use of a mini-shopping center, with specific
deviations as to the hours of operation from the requirements of Section 12.22-A,23(a) to
allow the establishment, use and maintenance of three restaurants to operate under the
provisions and development standards of the mini-shopping center ordinance; a requestfor
a conditional use to permit 15 arcade games machines in one of the three restaurants; a
requests for a conditional use to permit the continued use and maintenance of 48 parking
spaces as a public parking area in the [Q3F25-4D-0 Zone.
PAGE 12
Previous Cases, Affidavits, Permits, and Orders on Surrounding Properties
Case No.ZA 2010-1669(CUB) — On February 2,2012,the Office of Zoning Administration
approved a conditional use to allow the sale and dispensing for consideration of beer and
wine for on-site consumption in conjunction with a proposed restaurant, located at 1111
South Hope Street, #110.
Case No. ZA 2010-0218(CUB)(CUX) - On September 2, 2011, the Office of Zoning
Administration a conditional use to permit the continued sale and dispensing for
consideration of a full line of alcoholic beverages and the continuation of public dancing
within a patio area associated with an existing restaurant, located at 1119 South Olive
Street.
Case No. ZA 2010-2067(ZV)- On December 3, 2010, the Office of Zoning Administration
denied a variance request to permit 10 parking spaces in lieu of the 29 parking spaces
required, located at 1099 South Grand Avenue.
Case No. ZA 2009-3230(CUB) — On April 5, 2010, the Office of Zoning Administration
approved a conditional use to allow the sale and dispensing for consideration of beer and
wine for on-site consumption in conjunction with a proposed restaurant, located at 1111
South Hope Street.
Case No. ZA 2008-4494(CUB) - On December 10, 2009, the Office of Zoning
Administration approved a conditional use to permit the sale and dispensing of beer and
wine only for off-site consumption in conjunction with the continued use and maintenance
of an existing 1,520 square-foot market and deli, located at 1139 South Hill Street.
Case No.ZA 2009-0161(CU)— On September 9,2009,the Office ofZoning Administration
approved a request for a conditional use permit for the continued on-site sale of a full line
of alcoholic beverages, in conjunction with an existing restaurant, located at 1100 South
Flower Street.
Case No.ZA 2008-0373(CUB)— On August 12,2008, the Office of Zoning Administration
approved a conditional use permit to allow the sale and dispensing for consideration of a
full line of alcoholic beverages for on-site consumption in conjunction with a ground floor
restaurant and bar area, located within a 23-story mixed-use development, located at
1137-1149 South Grand Avenue.
Case No. ZA 2007-5259(CUB) - On April 28, 2008, the Office of Zoning Administration
approved a request for a conditional use permit for the sale and dispensing of a full line of
alcoholic beverages for on- and off-site consumption, in conjunction with a proposed 2,156
square-foot proposed ground floor restaurant and having alcohol service in the outdoor
dining area located on the public side walk, as well as inside, located at 401-405 West 12th
Street.
Case No.ZA 2006-9757(CU13)— On October 29, 2007,the Office of Zoning Administration
approved a conditional use permit to allow the sale and dispensing of a full line of alcoholic
beverages for on-site and off-site consumption within a proposed 6,362 square-foot
PAGE 13
restaurant, with bar, lounge, and live entertainment on property located in the[Q]R5 Zone,
located at 1100 South Hope Street.
Case No. ZA 2007-2631(CUB) — On September 26, 2007, the Office of Zoning
Administration approved a conditional use permit for the sale and dispensing of beer and
wine only for both on-site and off-site consumption a new wine store/bar with indoor and
outdoor seating, located at 1050 South Flower Street.
Case No. ZA 2007-1362(CU) - On August 24, 2007, the Office of Zoning Administration
beverages for on-site and off-site consumption within a proposed 8,580 square-foot
restaurant, with bar and lounge, piano bar and catering services on property located in the
[Q]R5 Zone, at 1212 South Flower Street.
Case No. ZA 2007-319(CUB) - On June 26, 2007, the Office of Zoning Administration
dismissed a requestfor the sale of alcoholic beverages from a proposed 3,725 square-foot
restaurant for on-site consumption inasmuch as that facility is not a restaurant but rather a
"wine bar" or "wine store" having no kitchen and as further confirmed by the site plan which
refers to that lease space as "non-restaurant," but approved a conditional use to permit the
sale and dispensing for consideration of a full line of alcoholic beverages for on-site
consumption as a use accessory to a restaurant, located 1050 South Flower Street
Case No. ZA 2006-9758(CUB) — On April 27, 2007, the Office of Zoning Administration
beverages for on-site consumption within a proposed 2,180 square-foot restaurant, located
408 West 11th Street.
Case No. ZA 2005-6746(ZV)(SPR) — On March 2, 2006, the Office of Zoning
Administration approved a variance to permit a 158,328 square-foot mixed use residential
counseling and educational facility in the [Q]R5-4D-0 Zone with 50 parking spaces to be
provided by lease agreement in lieu of the required 527 parking spaces, and to allow a
loading space fronting a street with a useable door, in lieu of said loading space required to
be located in the rear alley, located 1016-1038 South Olive Avenue.
Case No. ZA 2004-1166(CUB)(CUX) - On September 24, 2004, the Office of Zoning
Administration approved a request for a Conditional Use Permit,to allow the expansion of
the on-site consumption of a full line of alcoholic beverages at an existing 489 seat
restaurant to now include an outdoor dining area containing an additional 273 seats,for a
total occupancy load of 762 persons; and a requestfor a Conditional Use Permit, to allow a
315 square-foot dance area located in the outdoor dining area,located at 1119 South Olive
Avenue.
Case No. ZA 2001-5417(CUB) — On June 18, 2002, the Office Zoning Administration
approved a request for a Conditional Use Permit, to permit the sale and dispensing of a full
line of alcoholic beverages for on-site consumption, located at 1037 South Flower Street.
Case No. ZA 20014711(ZV)- On January 18, 2002, the Office of Zoning Administration
approved a conditional use permit authorizing the sale and dispensing of a full line of
PAGE 14
alcoholic beverages for on-site consumption in conjunction with a proposed 13,755 squarefoot restaurant in the [Q]R5-4D-0 Zone, located at 1100 South Flower Street.
Case No. ZA 2000-2953(ZV) — On January 18, 2001, the Office of Zoning Administration
denied an Approval of Plans to permit an extension of closing hours to 4 a.m.for a hostess
dance hall in lieu of the 2 a.m. closing time previously approved under Case No. ZA 950957(ZV) on May 2, 1996, as not otherwise permitted in the [Q]R5-4D Zone.
AUTHORITY FOR PLAN APPROVAL
Section 12.24-M of the Los Angeles Municipal Code Provides in part:
"M. Development, Change or Discontinuance of Uses:
Development of Site. On any lot or portion thereof on which a conditional use is
permitted pursuant to the provisions of this section, new buildings or structures may
be erected, enlargements may be made to existing buildings, existing uses may be
extended on an approved site, and existing institutions or school developments may
be expanded as permitted in Subsection L of this Section, provided plans therefore
are submitted to and approved by the Commission or by a Zoning Administrator,
whichever has jurisdiction at that time..."
PUBLIC HEARING
The public hearing on this matter was conducted by the Associate Zoning Administrator on
August 7, 2013 at Los Angeles City Hall. The purpose of the hearing was to take testimony
on the review of compliance with the conditions imposed as part of the original grant
approved under ZA 2009-2992-(CUB)(CUX)(CU)on January 27,2011 to allow the sale and
dispensing of a full line of alcoholic beverages for on-site consumption in three restaurant
with one of the three having a rooftop operation as part of a its venue.
The hearing room was at capacity with over 70 people in attendance although only 14
people testified. At the hearing, testimony was provided by the applicant's representatives,
employees of the businesses, nearby business owner, nearby resident, and the Los
Angeles Police Department representatives and a representative from the Council Office.
Representatives for ICON Ultra Lounge made the following points:
•
•
•
•
•
•
•
•
•
Original grant was issued in 2009 for three units.
All three spaces are occupied by restaurants, ICON, Stellas, and Hooters.
Submitted letters and petition in support of the businesses, mostly for ICON.
Overhauled security plan and new security company in place.
No third party promoters.
There is no dancing on roof top.
Calls to LAPD have dropped since changing security company.
Original volunteer conditions have no enforcement.
ICON has brought in more than $1,000,000 in sales tax revenue since opening.
PAGE 15
Representatives for Hooters made the following points:
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•
•
•
Hooters employs 65 people and all servers are STAR trained.
This is a marquee location for Hooters.
Hooters has never had any issues with LAPD.
Hooters has a symbiotic relationship with ICON.
Employees of ICON made the following points:
•
•
•
•
•
•
ICON has top chef trained in New York to serve fine dining.
Chef would not have come to Los Angeles unless it was for a legitimate restaurant.
ICON has entertainment and marketing Director in charge of special events.
ICON caters to many convention center special events.
Gives free bottle of water for those who ask.
Bartending staff is STAR trained and very professional.
Business owner in the neighborhood made the following point:
• ICON and the other businesses has been very good for his business (retail clothing)
across the street.
Resident in the neighborhood made the following points:
• ICON operates as a night club and special events venue not as a legitimate
restaurant.
• ICON does not comply with the conditions of approval of the Conditional Use permit.
Los Angeles Police Department(LAPD) made the following points:
• Since opening there have been 157 service calls and 100 crime reports filed for
ICON.
• The restaurant operates as a night club and not a restaurant.
• No online menus, site investigation observed no tables and chairs indicating a
restaurant use.
• The restaurant charges a cover to enter.
• LAPD has met with operators on several occasions to go over conditions but never
followed through.
• ICON has serious issues with criminal activity that is a drain on the LAPD resources.
• Submitted additional conditions if ICON is to operate as a restaurant.
• LAPD has contacted the City Attorney's Office to start revocation proceedings.
Representative from Council District 14 made the following points:
• Mode and character of ICON is more like a night club and not a restaurant.
• Submitted photos that show that the business operates as a club and not a
PAGE 16
restaurant, food service is not available at all times.
• Social media promotes the venue as a club, not a restaurant.
After the hearing the Zoning Administrator agreed to take the case under advisement to
allow the Applicant's representative some time to respond to comments. The
representatives had just been retained by the Applicant so needed the additional time. On
October 8, 2013, the Zoning Administrator received a binder from the representative for
ICON with some additional comments and materials pertaining to the case.
Public Correspondence
A petition signed by approximately 1,500 persons was submitted by the applicant's
representative in support of the operation of Icon Ultra Lounge.
Twenty three (23) letters of support have been submitted by a variety of employees from
Icon Ultra Lounge.
Four letters of support for the operation of Icon Ultra Lounge have been submitted. Two
are from area businesses and two are from area residents.
Four letters have been received from area residents objecting to the operation of Icon Ultra
Lounge.
CONDITIONS IDENTIFIED FOR CONSIDERATION BY THE STATE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL RELATIVE TO THE SALE AND DISTRIBUTION
OF ALCOHOLIC BEVERAGES
In approving the instant grant, the Zoning Administrator has not imposed Conditions
specific to the sale or distribution of alcoholic beverages, even if such Conditions have
been volunteered or negotiated by the applicant, in that the Office ofZoning Administration
has no direct authority to regulate or enforce Conditions assigned to alcohol sales or
distribution.
The Zoning Administrator has identified a set of Conditions related to alcohol sales and
distribution for further consideration by the State of California Department of Alcoholic
Beverage Control(ABC). In identifying these conditions, the Office ofZoning Administration
acknowledges the ABC as the responsible agency for establishing and enforcing
Conditions specific to alcohol sales and distribution. The Conditions identified below are
based on testimony and/or other evidence established in the administrative record, and
provide the ABC an opportunity to address the specific conduct of alcohol sales and
distribution in association with the Conditional Use granted herein by the Zoning
Administrator.
They may include those identified during hearing testimony, received as part of
correspondence via stakeholder groups, city agency, other responsible agency, Council
District, Mayor's office, etc.)
PAGE 17
• No "Happy Hour" type of reduced-price alcoholic beverage or "2 for 1" promotion
shall be allowed at any time. Discounted food promotions are encouraged.
• No alcohol shall be allowed to be consumed on any adjacent property under the
control of the applicant.
• There shall be no exterior advertising of any kind or type, including advertising
directly to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible
to the exterior shall constitute a violation of this condition.
• The sale of alcohol shall be incidental to the sale of food.
• The sale of alcoholic beverages for consumption off the premises is prohibited.
• The quarterly gross sales of alcohol shall not exceed the quarterly gross sales of
food. The business operator shall maintain records which reflect these numbers
and make them available to the Police Department upon request.
• Fortified wine (greater than 16% alcohol) shall not be sold.
• There shall be no cocktail lounge or separate bar area.
• The off-site sale of alcoholic beverages as a secondary use (i.e., "take out") is not
permitted.
• All service of alcoholic beverages shall be conducted by a waitress or waiter or
bartender.
• Alcohol may only be served to patrons who are seated at a table or seated at the
bar and only in conjunction with a food order. Patrons shall not be served while
standing or while waiting to be seated.
• The single unit sales of malt liquors and/or malt based products shall be prohibited.
• No sale of alcohol shall be permitted at any self-service, automated check-out
station (checkout conducted primarily by the customer, with assistance by a store
monitor) if such are available on the site. All sales of alcohol shall be conducted at
a full-service checkout station directly attended by a cashier/checkout clerk
specifically assigned solely to that station.
• The alcoholic beverage license shall not be exchanged for a public premises type
license nor operated as a public premises.
REVIEW OF COMPLIANCE WITH CONDITONS OF ZA 2009-2992(CUB)(CUX)
The following represents an evaluation of compliance with conditions based on
investigation staff visits, public hearing testimony and documentation submitted for the file
prior to, at and following the public hearing.
1.
All other use, height and area regulations of the Municipal Code and all other
applicable government/regulatory agencies shall be strictly complied with in the
development and use of the property, except as such regulations are herein
specifically varied or required.
STATUS
Unit 100 and Unit 101 comply with the stated condition as there have
been no reports of a violation or infractions on these units with either
the City of Los Angeles or the State ABC. Unit 200 and 200 Rooftop
terrace are not compliant.
PAGE 18
On August 7, 2013, the Department of Building and Safety issued an
order to comply for (ICON) roof top construction work that was
completed without permits (metal truss canopy built on the roof top
without permits, lighting installed without permits, access to the air
condition equipment on the roof not is not being maintained at all
times, extension cords are being used as permanent wiring and
required covers for outlets on roof areas are not being provided.
On July 7, 2013, the Los Angeles Fire Department issued a Fire/Life
Safety Violation (Citation No. 21102) for Icon LA for violating the
maximum occupancy load. The inspector counted 540 persons which
exceeded the 240 capacity load.
2.
The use and development of the property shall be in substantial conformance with
the plot plan submitted with the application and marked Exhibit "A", except as may
be revised as a result of this action.
STATUS
Unit 100 and Unit 101 comply with the stated condition, however; Unit
200 and Unit 200 - Rooftop Terrace do not.
As mentioned above, on August 7,2013,the Department of Building
and Safety issued an order to comply for(ICON)roof top construction
work that was completed without permits(metal truss canopy built on
the roof top without permits, lighting installed without permits, access
to the air condition equipment on the roof not is not being maintained
at all times, extension cords are being used as permanent wiring and
required covers for outlets on roof areas are not being provided.
Public testimony and photos of the site for Unit 200 and the rooftop
terrace show that there are no tables and chairs as required per the
Exhibit "A", and there appears to be an open dance floor and
gathering with no one dining.
3.
The authorized use shall be conducted at all times with due regard for the character
of the surrounding district, and the right is reserved to the Zoning Administrator to
impose additional corrective Conditions, if, in the Administrator's opinion, such
Conditions are proven necessary for the protection of persons in the neighborhood
or occupants of adjacent property.
STATUS
Unit 100 and Unit 101 comply with the stated condition, however; Unit
200 and Unit 200 Rooftop Terrace do not. Unit 200 and its rooftop
terrace has not operated at all time with due regards for the
surrounding district as evidenced by several letters submitted to the
file indicated that nuisance activities have been associated with the
premise.
Additionally, the Office of Zoning Administration has received police
reports highlighting the nuisance calls and activities related to the
operations or unit LUU ana unit zuu Roonop i errace. rubric
testimony by the LAPD also indicate that despite repeated meetings
with the operator of Unit 200, there has been real attempt by the
operator to comply with conditions.
4.
All graffiti on the site shall be removed or painted over to match the color of the
surface to which it is applied within 24 hours of its occurrence.
STATUS
5.
In compliance. No graffiti was observed during the staff site visit and
undated photos submitted by the applicant do not show any obvious
signs of graffiti.
A copy of the first page of this grant and all Conditions and/or any subsequent
appeal of this grant and its resultant Conditions and/or letters of clarification shall be
printed on the building plans submitted to the Zoning Administrator and the
Department of Building and Safety for purposes of having a building permit issued.
STATUS
In compliance. A copy of stamped plans dated April 8, 2011 with
conditions on the building plans are included in the original file for the
subject case.
The applicant shall defend, indemnify and hold harmless the City, its agents,
officers, or employees from any claim, action, or proceeding against the City or its
agents, officers, or employees to attack, set aside, void or annul this approval which
action is brought within the applicable limitation period. The City shall promptly
notify the applicant of any claim, action, or proceeding and the City shall cooperate
fully in the defense. If the City fails to promptly notify the applicant of any claim
action or proceeding, or if the City fails to cooperate fully in the defense, the
applicant shall not thereafter be responsible to defend, indemnify, or hold harmless
the City.
STATUS
7
This grant shall have a life of ten years for all three restaurants including the
rooftop, after which the grant entitlement shall become null and void and the
applicant shall file for and win approval of a new grant(s)from the Office of Zoning
Administration in order to continue dancing, the sale of a full line of alcoholic
beverages for on-site consumption and late night hours of operation, as well as
parking in the R5 Zone. This 10 year date shall start from the effective date of this
instant action.
STATUS
8.
Administrative condition with no need for operator or applicant to take
any action.
Administrative condition that does not require current action.
The applicant/operator(s) shall secure a City permit decal denoting approval of
alcoholic beverage sales from a Planning Department public counter subsequent to
the Zoning Administrator's signature on the Planning Department sign-off form and
mount it on either the inside of the window of each of the three restaurants facing
PAGE 19
1
PAGE 20
the front street or on the outside of the building (if inside mounting is not possible).
The decal shall be visible at all times and mounted before the privileges granted
herein are utilized.
STATUS
Photographs included in the file show compliance with this condition.
Parking, as to number,shall be provided in accordance with the requirements of the
Los Angeles Municipal Code to the satisfaction of the Department of Building and
Safety. No variance from said requirements has been requested or granted herein.
STATUS
10.
A cocktail lounge shall not be maintained incidental to any of the three restaurant
uses.
STATUS
11.
Partial compliance. While Unit 100 and Unit 101 operate as bona fide
restaurants with no indication of an incidental cocktail lounge, Unit
200 and Unit 200 Rooftop Terrace advertises and operates expressly
as a lounge. During the site visit on November 8, 2013, staff was
unable to enter the Icon Lounge at the noon hour for restaurant
service. The doors were locked and no representative of the facility
was available to allow entrance to the premise. The other two
restaurants(Hooters and Stella's) were open for business and serving
customers during the lunch hour.
Signs shall not be visible on the outside which advertise the availability of alcohol.
STATUS
12.
In compliance. The applicant provides parking in an adjoining parking
lot, under the supervision of parking attendants.
In compliance. Staff site visit and photographs of the site do not show
signs advertising the availability of alcohol are on the outside of the
building.
Restaurant Conditions:
a.
Alcohol only be served with a food order.
b.
The kitchens shall comply with the definition in Section 91.0403 of the Los
Angeles Municipal Code.
c.
The premises shall be maintained as a bonafide eating place [restaurant)
with an operational kitchen and shall provide a menu containing an
assortment of foods normally offered in such restaurants.
d.
Food service shall be available at all times during operating hours.
e.
All seating areas shall be furnished with cutlery, condiments and other eating
utensils for use by patrons.
STATUS
13.
There is no communication or documentation in the record to suggest
a violation of this condition. There are no reports of alcohol being
sold for off-site consumption in any of the units. There was no
testimony or evidence presented to suggest that any off-site sales had
occurred.
No sale or service of alcoholic beverages shall occur after 1:30 a.m.(last call) in any
of the three restaurants. (Applicant volunteered)
STATUS
16.
a violation of this condition. Both Unit 100 and Unit 101 serve a full
line of alcohol beverages. Unit 200 and its Rooftop Terrance were
unavailable for inspection however; the advertisement reviewed as a
part of this investigation states that alcohol is offered for sale.
Off-site sales of alcohol as a secondary use to on-site sales shall not occur.
(Applicant volunteered)
STATUS
15.
On Friday November 8, 2013, staff conducted a site visit and, with
regards to Unit 100 and Unit 101, compliance with the above
conditions appears met. Alcohol sales were occurring with food
service, the kitchen appeared in compliance with the code, and the
menus offered food variety normally associated with a restaurant.
However, Unit 200 and Unit 200 Roof Terrace were not open during
the site inspection which also occurred during the lunch hour on
November 8, 2013. The closure of the premise during the peak lunch
hour suggests the operation is not a bona fide restaurant. The online
description for Icon Ultra Lounge is that of a place for special events
only. There are no menus, hours of operation, or any other type of
description to suggest that this space is being used as a restaurant.
Except for Port Sherry, or Soju, "Fortified" wine shall not be sold. (Applicant
volunteered)
STATUS
14
PAGE 21
On Friday November 8, 2013, staff conducted a site visit and, with
regards to Unit 100 and Unit 101, compliance with the above
conditions appears met. Alcohol sales were occurring with food
service during the normal hours, the kitchen appeared in compliance
with the code,and the menus offered food variety normally associated
with a restaurant. However, Unit 200 and Unit 200 Roof Terrace were
not open during the site inspection which also occurred during the
lunch hour on November 8, 2013. The closure of the premise during
the peak lunch hour suggests the operation is not a bona fide
restaurant.
No public telephones shall be permitted on the exterior of the premises.
STATUS
No public telephones were evident during the staff site visit.
17.
All exterior public spaces shall be illuminated with sufficient lighting to identify all
persons standing outdoors at night. All lighting shall be shielded and directed onto
the site and shall be located so as not to shine directly onto any adjacent or nearby
residential property.
STATUS
18.
PAGE 22
In compliance. Staff observation of the project site and photographs
included in the file indicate that lighting is located on the building.
A security plan shall be implemented,subject to the approval of LAPD Central Area,
and be imposed as a Condition of this grant, as if stated in full herein. The security
plan shall include at a minimum:
a.
All security guards shall wear a uniform with a patch on each shoulder
identifying the name of the registered security company which employs them.
b.
While employed on the property, the guards shall conduct no activity other
than that of a security guard. Security guard duties shall be specified in the
Security Plan submitted to the Police Department for their review and
approval. Security guard duties shall include (at minimum), checking
identification and maintaining order among, as well as other normal security
guard duties.
c.
The guards shall be responsible for preventing loitering and any criminal
activity on the property.
d.
The guards shall request the assistance of the Los Angeles Police
Department if based upon his/her training, the situation so warrants.
e.
The guard shall cooperate with all law enforcement and Planning
Department personnel during any investigation or inspection on the property.
f.
A copy of the contract with the security agency, including the conditions of
approval of this grant, shall be provided to the satisfaction of the Zoning
Administration within 30 days of the date of effective date of this action.
A video camera security system consisting of no less than 7 exterior and 35
interior cameras shall be maintained at the premises to provide surveillance
of the exterior portions of the structure, and parking areas, and the interior of
the premises. Video tapes shall be retained for at least one month and shall
be made available to the Police upon request. A video monitor shall be
located in such a manner so as to be monitored by the on-site Security
Supervisor when live entertainment or dancing is occurring. Proof of
installation of the video camera system shall be provided to the satisfaction
of the LAPD and a copy sent to the Zoning Administrator within 60 days of
the date of effectiveness of this grant.
STATUS
PAGE 23
The applicant appears in compliant with the stated condition. During
the staff site visit no uniform guards were observed during the noon
hour in which Unit 100 and Unit 101 were open and operating. Unit
200 and Unit 200 Rooftop Terrace were not open.
The applicant provided a copy of the contract for security services
with Everlast Protection Services, which was dated September 16,
2011, six months after the effective date of the grant. The condition
required that a contract be provided within 30 days after the effective
date of the grant.
Staff observed video cameras along the exterior ofthe premises and
within the two restaurants operating during the site visits. Unit 200 and
Unit 200 Rooftop Terrace were closed and access to verify cameras
was not possible
19.
Within six months of the date of effectiveness of this action, all managers,
bartenders, wait staff involved with the sale of alcoholic beverages, and all security
guards, shall enroll in the Los Angeles Police Department"Standardized Training for
Alcohol Retailers (STAR). Evidence of such training shall be submitted to the
Zoning Administrator by the operator upon completion of such training. This training
program shall be required of all new staff, including any possible new operator,
engaged in the sale of alcoholic beverages. Said training shall be completed by new
employees within four weeks of the start of their employment.
STATUS
The applicant submitted five letters from the Los Angeles Police
Department with this application that showed STAR training was
provided to several staff members,beginning November 30,2011 and
ending November 20, 2012, for the Unit 200 and Unit 200 Rooftop
Terrace. The condition required that such training be provided within
six months of the effective date of the grant. Further, the condition
required that STAR training be completed within four weeks for new
employees, yet no records were provided to indicate the start date of
any of the persons listed in any of the letters from the Los Angeles
Police Department.
No evidence was provided to demonstrate that Unit 100 or Unit 101
complied with the condition. At the public hearing, a representative for
Unit 100 (Hooters) did testify that the staff have been STAR trained.
20.
The managers of each of the premises allowed by this grant shall meet every six
months with the Los Angeles Police Department Vice Unit Officer in Command to
discuss any issue, concern or problem associated with the operation of the market
at this location. A record of such meeting shall be kept by the applicant and a copy
ofsame shall be forwarded to the Office ofZoning Administration for inclusion in the
subject file.
STATUS
21.
In compliance. Photographs submitted to the file indicate that the
trash area is in an enclosed area.
The exterior portion of the site, including parking facilities, shall be swept daily.
STATUS
27.
In compliance. During the staff site visit to the parking area, the area
was clean and did not show signs of neglect or litter.
Areas devoted to trash storage or other storage shall be buffered so as not to result
in noise, odor or debris impacts to other nearby or adjacent properties.
STATUS
26.
Photographs of the site indicate that this condition is in compliance.
The property, including all associated parking facilities, shall be maintained in an
attractive condition and shall be kept free of trash and debris at all times.
STATUS
25.
The applicant/operators of all three restaurants shall install an electronic age
verification device to determine the age of any individual attempting to purchase an
alcoholic beverage at every point-of-sale location. The devices shall be maintained
in an operational condition and all employees shall be instructed in their respective
use.
STATUS
24.
Signs shall be posted and maintained which indicate that California Law prohibits
the sale of alcohol to minors.
STATUS
23.
No records of such meetings have been
Signs shall be posted and maintained in and outside the premises that state: "No
Loitering or Public Drinking is Allowed On or In Front of These Premises", and "No
Open Alcoholic Beverages Containers Are Allowed On The Premises".
STATUS
22.
Not in compliance.
submitted.
PAGE 24
In compliance. During the staff site visit to the subject site, the
exterior areas appeared to be clean and did not show signs of neglect
or litter.
Alcohol shall not be allowed to be consumed on any adjacent property under control
of the applicant.
STATUS
In compliance. There are no reports, no testimony taken, or other
evidence to indicate alcohol being consumed on adjacent property
under control of the applicant.
28.
PAGE 25
The gross sale of alcohol shall not exceed the gross sale of food items on a
quarterly basis. (Applicant volunteered)
STATUS
a violation of this condition for Unit 100 and Unit 101.
Not in compliance. The representative for Unit 200 submitted a
summary of total dollar sales for food and for alcoholic beverages.
During the period between June 2012 and June 2013, the sales of
food for Icon Ultra Lounge was $1,325,546, the sales of alcoholic
beverages was $3,029,001, concluding that the sales of alcoholic
beverages exceeds the sale of food.
29.
Employees:
Unit No. 200: Rooftop Terrace There may be 10-12 employees on the site at any
given time.
STATUS
30.
There are no minimum age requirements but minors must be accompanied by an
adult after curfew hours.
STATUS
31.
a violation of this condition
There shall be no Adult Entertainment of any type pursuant to LAMC Section 12.70.
STATUS
32.
The applicant appears in compliant with the stated condition as there
was not adult entertainment occurring during the site investigation;
however, Unit 200 and Unit 200 Rooftop Terrace were unavailable for
inspection.
The applicant and any subsequent lessee shall maintain on the premises and
present upon request to any law enforcement officer, a copy ofthe Business Permit,
Insurance information and a valid emergency contact phone number for the Security
Company services being used.
STATUS
With the exception of Unit 200 and its Rooftop terrace, the applicant is
in compliant with the stated condition.
PAGE 26
Unit Specific Conditions
33.
Unit No. 100:(6,700 square feet) - "Hooters"
No patron dancing.
10:00 a.m. — 2:00 a.m., daily.
Hours of Operation:
76
30
Fixed Bar:
112
Dining Area:
The applicant and any subsequent lessee shall not require an admission charge or
cover charge, nor shall there be a requirement to purchase a minimum number of
drinks.(Applicant volunteered)
STATUS
34.
Unit No. 101:(6 050 square feet) - Potentially a "Medieval Knights"
No patron dancing.
10:00 a.m. — 2:00 a.m., daily.
Hours of Operation:
Hours of Alcohol Sales: 10:00 a.m. — 2:00 am., daily.
16
Fixed Bar:
176
Dining Area:
192
Total Seating Capacity:
The applicant and any subsequent lessee shall not require an admission charge or
cover charge, nor shall there be a requirement to purchase a minimum number of
drinks. (Applicant volunteered)
STATUS
35.
a violation of this condition.
Unit No. 200:(12,750 sq. ft.) - Sports Lounge
Live entertainment, patron dancing, and 15 game arcade machines.
10:00 a.m. — 4:00 a.m., daily.
Hours of Operation:
76
64
South Outdoor Patio:
30
Fixed Bar:
284
Dining Area:
STATUS
PAGE 27
No evidence exists to demonstrate compliance with the stated
condition. The 12,750 square foot lounge and rooftop terrace were
not open during the November 8, 2013 site visit, which occurred at
noon. As a result, verification of the indoor and outdoor seating could
not be conducted.
Unit No. 200:(10,250)- Rooftop Terrace
No patron dancing.
10:00 a.m. — 4:00 a.m., daily.
Hours of Operation:
11
Fixed Bar/Counter:
250
Dining Area:
STATUS
No evidence exists to demonstrate compliance with the stated
condition. The 12,750 square foot lounge and rooftop terrace were
not open during the November 8, 2013 site visit, which occurred at
noon. As a result, verification of the indoor and outdoor seating could
not be conducted. Icon Ultra Lounge advertises the rooftop for special
events for a dance floor banquet style for up to 350 people, and a
reception area capacity of up to 500 people.
Unit 200 Dancing and Patios
36.
Unit 200 is permitted hours of operation from 10:00 a.m.to 4:00 a.m. daily, with live
entertainment and patron dancing allowed. A fixed bar counter providing 30 seats is
permitted. At all times the operation of this premises shall be in compliance with the
following conditions:
a.
Live entertainment and patron dancing may be allowed for general public
events on Wednesdays through Saturdays, from 10:00 p.m. until closing.
b.
Live entertainment and patron dancing shall be allowed on Sundays through
Tuesdays for special events (e.g., family social functions, weddings,
anniversaries, corporate and charity events, birthdays, bar and bat mitzvahs,
etc.).
c.
The premises shall not be rented to promoters, nor shall promoters be
employed to attract patrons to this business.
d.
There shall be no amplified music allowed on the southernmost patio after
10:00 p.m. daily. Any noise emanating from the use of this patio shall be in
compliance with the Noise Abatement rules of the LAMC.
e.
A security guard shall be posted at the doors leading to the patios to monitor
patron activities, and to assure that these patios not become overcrowded.
PAGE 28
f.
The rooftop will be an adjunct use to Unit 200, operating from 10:00 a.m. to
12 Midnight daily, with no live entertainment or dancing allowed. There will
be a fixed bar counter providing 11 seats.
g.
There shall be no amplified music allowed on the rooftop after 10:00 p.m.
daily.
STATUS
Not in compliance. The 12,750 square foot lounge and rooftop
terrace were not open during the November 8, 2013 site visit. As a
result, verification of the indoor and outdoor seating could not be
conducted. Photographs of the site and comments by the LAPD
indicate that the venue for Ultra Lounge is being used as a club with
loud music, and party promotions past the 10:00 p.m. limit.
Plan Approval Review for Condition Compliance
38.
In order to provide for reexamination in two years of the matter in light of any
rooftop, either individually or collectively as herein authorized, the
owner(s)/operator(s) of the individual venues, or property owner for the site, must
file a "Plan Approval" application. Said application must be filed no later than three
months prior to the end of the two year period. The application shall be
accompanied by the payment of appropriate fees, as governed by the Los Angeles
Municipal Code, and must be accepted as complete by the Planning Department
public counter. The completed application shall be accompanied by tenant/owner
notice labels for the adjoining properties and include individuals on the interested
parties list related to the subject authorization. All three venues and the rooftop may
be considered in total under one application.
STATUS
Delayed compliance. The applicant submitted the Plan Approval
application on December 10, 2012, the original approval was issued
on January 27, 2011. In order to meet the three month before the
end of the two year date, the Plan Approval should have been filed by
October 27, 2012.
Covenant and Agreement - Applies to all Units
39.
Prior to the issuance of any permits relative to this matter, a covenant
acknowledging and agreeing to comply with all the terms and conditions established
herein shall be recorded in the County Recorder's Office. The agreement(standard
master covenant and agreementform CP-6770)shall run with the land and shall be
binding on any subsequent owners, heirs or assigns. The agreement with the
conditions attached must be submitted to the Zoning Administrator for approval
before being recorded. After recordation, a certified copy bearing the Recorder's
number and date shall be provided to the Zoning Administrator for attachment to the
subject case file.
STATUS
PAGE 29
In compliance. A review of the original file includes a recorded
Covenant and Agreement dated March 24, 2011 with the Reorder's
Office of Los Angeles County as instrument No. 20110443867.
FINDINGS
The review of compliance with conditions provides an opportunity to consider the
effectiveness of conditions, a compliance record and to consider any modifications of
conditions which may improve accountability and operation. In this instance, the review
has indicted that there has not been an overall compliance with conditions, but that certain
conditions which affect mode and character, security and safety, hours of operation, and
capacity have not been complied with for at least one tenant (Unit 200 and roof top
terrace). Overall, the lack of compliance with these specific conditions has resulted to the
level of potentially creating a nuisance.
This review has demonstrated that violation of operating conditions has occurred. After
many repeated instances, these problems have been brought to the attention of the
property owner by City entities including the City Attorney, the LAPD, the Council Office
and the Office of Zoning Administration, it would be expected that everything possible
would have been done to insure compliance with all conditions at this juncture in
recognition that a review was upcoming. The lack of compliance with the various
conditions identified point to a uneven track record. The intent of the original two-year plan
review was specifically to have the opportunity to consider whether the operation of these
establishments could be conducted responsibly.
Of the three establishments, one has had a very negative track record (Icon Ultra Lounge)
which has been documented by testimony from the Los Angeles Police Department and
area residents. This review has revealed that there are a number of purported violations
and that there does not appear to have been any scrutiny provided by operator or the
property owner, who is equally responsible, of the operator and facility. If there had been, it
would be expected that the owner would have taken the necessary steps that were
guaranteed to be taken during the initial approval.
Since the grant has a ten year term limit, a subsequent Plan Approval will be required in
two years. The required filing of the authorization to continue the operation of these three
establishments prior to the expiration of the term grant will serve as a means to review the
operation and evaluate whether compliance has been observed.
Testimony and a letter from the Los Angeles Police Department indicate that there is ongoing issues with Icon Ultra Lounge. According to the LAPD, non compliance with the
conditions have led to reports of selling alcohol to obviously intoxicated patrons,
aggravated assaults, batteries and at least one homicide. They also state that this area
has seen a rise in criminal activity and an increase in calls for service.
The Zoning Administrator has deleted those volunteered conditions from the original grant
that are alcohol specific and is regulated by the State Alcoholic Beverage Control agency.
PAGE 30
A new covenant is required to be filed within 30 days of the effective date of this action as
the conditions have been modified. The conditions and grant run with the land. The
conditional use approval is not automatically terminated upon any closure of the restaurant
or a change in ownership. Thus, it is important that the most recent conditions be recorded
against the land.
The owner/operator of this business has been afforded the opportunity to review the file in
advance of the hearing which was duly noticed. The applicant's representative attended
the hearing and provided testimony in response to issues raised at the hearing as well as
subsequent documentation in the form of narrative and photographs related to the required
observance of conditions.
ADDITIONAL MANDATORY FINDINGS
1.
The National Flood Insurance Program rate maps, which are part of the Flood
Hazard Management Specific Plan adopted by the City Council by Ordinance No.
172,081, have been reviewed and it has been determined that this project is located
in Zone C, areas of minimal flooding.
2.
On January 31, 2013, the Department of City Planning issued Reconsideration
(Addendum) of Mitigated Negative Declaration No. ENV-2009-2993-MND. This
Reconsideration of Mitigated Negative Declaration reflects the independent
judgment of the lead agency and determined that this project would not have a
significant effect upon the environment provided the potential impacts are mitigated
to a less than significant level. I hereby adopt that action. The custodian of the
documents or other material which constitute the record of proceedings upon which
the decision is based are located with the City of Los Angeles, Planning Department
located at 200 North Spring Street, Room 750, Los Angeles, California 90012.
artily
MI JIM TOKUNGA
Associate Zonin Administrator
Direct Telephone No.(213)978-1307
JT:TLI:jjq
cc:
Councilmember Jose Huizar
Fourteenth District
Adjacent Property Owners
Interested Parties
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Site Description
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Lead Description
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CASE No:
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TS 09-2799
CASE No:
BATE: JULY 28, 2009
CAO BY: THE TROUBLE SHOOTER
815-346-4096
1/1312015
California ABC - License Query System - Data Summary
California Department of Alcoholic
Beverage Control
License Query System Summary
as of1/12/2015
!License Number: 552625
Primary Owner: EL LUGAR DEL MARIACHI LLC
ABC Office of Application: 04 - LA/MEIRO
P.Piriess Name
Doing Business As: DON CHENTE BAR-GRILL & LOUNGE
u.
!Address: 1248 S FIGUEROA ST STE 200 Census Tract: 2079.00
!City: LOS ANGELES County: LOS ANGELES
State: CA Zip Code: 90015
!Licensee: EL LUGAR DEL MARIACHI LLC
Company Information
Officer: ORTIZ, VICENTE(MANAGING MEMBER)
_ (2ie ±1 e
1) License Type:47 - ON-SALE GENERAL EATING PLACE
License Type Status: PENDING
Status Date: 11-DEC-2014
Term: 12 Month(s)
Original Issue Date:
Ex iration Date:
Master: Y
Duplicate: 0
Fee Code:P40
License Type was Transferred On: FROM:47-481462
. No Active Disciplinary Actionfound. . .
2 :f.)zicity\
. No Disciplinary Historyfound .. .
!Hold Date: 17-OCT-2013
old Date: 11-DEC-2014
Type: BOARD OF EQUALIZATION HOLD
Type:FORM 220
'. .. No Escrowfound . .
- - - End ofReport - - http://www.abc.ca.govidatporULQSData.asp?0=83290887
112
BEFORE THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
OF THE STATE OF CALIFORNIA
IN THE MATTER OF THE APPLICATION OF
EL LUGAR DEL MARIACHI LLC
DON CHENTE BAR-GRILL & LOUNGE
1248 S FIGUEROA ST
STE 200
LOS ANGELES, CA 90015-1309
FILE 47-552625
REG.
PETITION FOR CONDITIONAL
LICENSE
For Issuance of an On-Sale General Eating Place - License
Under the Alcoholic Beverage Control Act
WHEREAS,petitioner(s) has/have filed an application for the issuance ofthe above-referred-to license(s) for
the above-mentioned premises; and,
WHEREAS,pursuant to Section 23958 ofthe Business and Professions Code, the Department may deny an
application for a license where issuance would result in or add to an undue concentration oflicenses; and,
WHEREAS,the proposed premises are located in Census Tract 2079. where there presently exists an undue
concentration oflicenses as defined by Section 23958.4 ofthe Business and Professions Code; and,
WHEREAS,the proposed premises are located in a crime reporting district that has a 20% greater number of
reported crimes, as defined in subdivision(c) of Section 23958.4, than the average number of reported crimes as
determined from all crime reporting districts within the jurisdiction of the local law enforcement agency; and,
WHEREAS,the petitioner(s) stipulate(s) that by reason of the aforementioned high crime and over
concentration oflicenses, grounds exist for denial of the applied-for license; and,
WHEREAS,petitioner(s) intend to exercise privileges of the license in an exterior patio area; and,
WHEREAS,the issuance of an unrestricted license would be contrary to public welfare and morals;
NOW,THEREFORE,the undersigned petitioner(s) do/does hereby petition for a conditional license as follows,
to-wit:
1
Sales, service and consumption ofalcoholic beverages shall be permitted only between the hours of
10:00 a m and 2:00 a.m. each day ofthe week.
Initials
ABC-172 (5/94)
47-552625
Page 2
There shall be no minimum drink requirement for patrons.
3
Petitioner(s) shall not share any profits, or pay any percentage or commission to a promoter or any
other person, based upon monies collected as a door charge, cover charge, or any other form of
admission charge, including minimum drink orders, or the sale of drinks.
4
The sale of alcoholic beverages for consumption offthe premises is strictly prohibited.
5
"Happy Hour" type of reduced price alcoholic beverage promotions will not be permitted after
8:00 p.m. each day of the week.
6
The quarterly gross sales of alcoholic beverages shall not exceed the quarterly gross sales offood
during the same period. The licensee shall at all times maintain records which reflect separately the
gross sale offood and the gross sales of alcoholic beverages of the licensed business. Said records
shall be kept no less frequently than on a quarterly basis and shall be made available to the Department
on demand.
7
No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the
control ofthe licensee(s) as depicted on the ABC-257 and ABC-253 dated 12-10-14.
8
The sale and/or service of distilled spirits by the bottle for same day or future consumption is
prohibited.
9
The music provided shall not be audible beyond the area under the control ofthe licensee(s) as defined
on the ABC-257 and ABC-253 dated 12-10-14.
10 The licensee(s) or an employee of the licensee(s) will be present in the patio at all times that alcoholic
beverages are being served or consumed.
11
The boundaries ofthis patio will be clearly defined and designated by physical barriers to separate it
from the public sidewalk and adjacent private property which is not under the exclusive control ofthe
licensee(s). These barriers and boundaries shall no be changed without prior approval ofthe
Department of Alcoholic Beverage Control.
12 No cover charge can be charged to anyone to gain access to the premises.
13 No amplified music is permitted at any time on the roof top ofthe premises.
initials:
47-552625
Page 3
This petition for conditional license is made pursuant to the provisions of Sections 23800 through 23805 ofthe
Business and Professions Code and will be carried forward in any transfer at the applicant-premises.
Petitioner(s) agree(s) to retain a copy ofthis petition on the premises at all times and will be prepared to
produce it immediately upon the request of any peace officer.
The petitioner(s) understand(s) that any violation ofthe foregoing condition(s) shall be grounds for the
suspension or revocation of the license(s)
DATED THIS t
Applicant/Petit
DAY OF
VOA—o,
7
20 /
FORM: About My/Our Business
Applicant(s):
LOS ANGFI FS POLICE COMMISSION—POLICE PER
100 W. FIRST ST., #147
LOS ANGELES, CA 90012 (213) 996-1210
COmpany/Corporation:
Name of Restaurant/Bar, etc:
Address of Establishment:
1248 S. FIGUERA ST. STE 200, LOS ANGELES CA 90015
Hoursof
Operation
A.
B.
D.
MQNDAY
TUESDAY
WEDNESDAY
THURSDAy
FRIDAY
OPEN
10:00am
10:00am 10:00am
10:00am
10:00am 10:00am
CLOSE
02:OOam
02:OOam
02:OOam
02:OOam 02:OOam
02:OOam
FIJI out all information. If none, write NONE.
Type of Business Activity (night dub,
lounge, restaurant, etc.):
Mexican food restaurant
bar_&_grill
Type of Entertainment(hip hop,jazz,
mite rap, live dance, et.):
Live Mariachi
nd d n
I have a license &OmAlcohol Beverage
#552625
If yes, are there conditions? yes
Control (ABC). Yes.
Number of Pool Tables
None
Dance Moor Location and Size (200
square feet minimum)
10 x 20 in front of stage.
F
Number of Arcade Games
None
G.
Number of Games of SkIII/Science (daw,
None
etc.) & Type
H.
Cyber Café: Desaibe operation & set up.
SUNDAY
10:00am
02:OOam
and Lounge_
None
Cyber Cafe: Number of Computer,
Terminals, Woricsiations
None
Types of films to be shown & ratings.
None
K.
Seating Capadty
990
L
Admission Fee
None
M.
Number of Bowling Lanes
None
M.
Parking Information
None
3.
SATURDAY
PECLARATION
I/We submit this information about my/our business. The full text 'of the Los Angeles Munidpal Code is available through the Oty's wet/site at
www.dtv0fla.org under 'City Charter, Rules & efirteR " Chapter X of the Los Angeles Municipal Code contains many laws regulating Pollee Permits, I/We
dedare that we understand laws applicable to our business and permit(s). 1/We have received a copy of Police Commission Board Rules for each permit
application for which Board Rules exist. I/We further declare that I/we will comply with all laws and/or rules. I/we understand,that failure to comply may
and/ • si -mina, complaint filed with
place my/our existing permits in jeopardy and may necessitate disciplinary action by the Board of Police Commission
authority to do so.
the Oty Attorney or District Attorney. I sign this document on my behalf Or on behalf of the cimpany/corporation4 rus;
5
Vicente Ortiz
Print Name
Signature
Date
Print Name
Signature
Date
Print Name
Signature
Date
Print Name
Signature
(
Date
1111,0111111111111111
I I 111111111111ElinwcnS
cES
1
FORM: Agreement for the Granting
of a Police Permitfor Cafe
Entertainment/Shows
LOS ANGELES POLICE COMMISSION—POLICE PERMIT.
100 W.FIRST St, #147
LOS ANGR FS, CA 90012 (213)996-1210
//we, VICENTE ORTIZ
[Applicant Name(s)] •
EL LUGAR DEL MARIACHI LLC kr»wn as DON CHENTE BAR_GRILL & LOUNGE
[rCompany/Corporation]
[Name of RestauranVflar/Oub, etc.]
.
located at 1248 S. FIGUERA ST. STE 2Q 0, LOS ANGELES, CA 9001 .5
[Address]
owners of
certify: THAT I/We am/are aware of the Adult Entertainment Zoning Ordinance, Los Angeles Municipal Code Section 12.70; THAT I/We have read and
understand the Prohibition section of that ordinance, as set forth below; and THAT the present or'proposed business for which the attached appIcation has
been completed is, to the best of my/our knowledge, not subject to the restrictions of said prohibition section.
"C Prohibition. (Amended by Ord. No. 158,579, Eff. 1/23/89. No person shall cause or permit the establishment, substantial enlargement of transfer of
ownership or control of an adult entertainment business within 1,000 feet of another adult entertainment business, or within 500 feet of a religious
institution, school, or Public Park within the City of Los Angeles. No person shall cause or permit the establishment or maintenance of more than one adult
entertainment business in the same building, structure or portion thereof, or the increase of floor area of any adult entertainment business in any buikfing,
structure or portion thereof containing another adult entertainment business.
No person shall cause or permit the establishment, or substantial enlargement of an adult entertainment business within 500 feet of any lot in a "A" or"R
zone, or within the "CR","C1', or"C1.5"zones in the City of Los Angeles."
THAT in consideration for the granting of this permit, I/We do hereby agree:
1.
and that we will take whatever measures necessary to
That our intention is to present LIVE MARIACHI & DANCE
[Type of Entertainment]
prevent the exhibition of less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point
immediately above the tope of the areolas;
That we will take whatever measures necessary to prevent the LIVE MARIA CHI & DANCEfrom including the fondling or other
[Type of Entertainment]
•
erotic touching of human genitals, pubic region, buttocks, anus or female breasts, or masturbation, actual or simulated;
3.
That we will remove and not use the advertising of the prior owner or any other sign or advertisement which purports to describe the
entertainment/shows as"Nude Dancing'or in any other way as being sexually oriented.
VICENTE ORTIZ
have read the above conditions and have discussed
[Name(s)]
Commission Investigation staff and fully understand them. The full text of the Los Angela M
WWW.CRY0118.0rCl. I/We have received a copy of this agreement.
I/We,
3o (
Da
VICENTE ORTIZ
Print Name
Signature
Date
Print Name
Signature
Date
Print Name
Signature
Date
Print Name
Signature
members of the Police
'table through the Oty's website at
CITY OF LOS ANGELES
NOTICE OF APPLICATION FOR
POLICE COMMISSION PERMIT
Notice is hereby given that application has been made to the Board of Police Commissioners
for a Police Commission Permit.
PERMIT TYPE
PERMIT NUMBER
DATE OF NOTICE
BUSINESS LOCATION
LEGAL NAME
DBA
Cafe Entertainment/Show
000280251100015P519
02/05/2015
1248 S FIGUEROA ST 200 90015-2857
Police Area: 1 Council District: 14
Detective Support and Vice Division
Neighborhood Council:
[email protected]
Any person who has comments or concerns about the issuance of this permit may contact the Commission
Investigation Division (CID) WITHIN FIVE (5) DAYS.
MAIL
LAPD POLICE COMMISSION
PERMITS & RECORDS
100 W. FIRST ST., ROOM 147
PHONE
(213) 996-1210
EMAIL
[email protected]
Investigator:
Wheeler
ABOUT OBJECTIONS
Objections may or may not be cause to deny a Police Commission Permit. However, conditions governing the
operation of the business may be imposed based on verifiable adverse information of the applicant. (New
applicants are not responsible for previous owner actions.)
LAPD AREAS objecting to the granting of the permit:
Contact CID. Specify objection on 15.2. (Remember, new applicants are not responsible for previous owner
actions.) Include arrest reports, preliminary investigative reports, injury reports, CAD runs, calls for service
reports, citizen complaints, etc.
ABOUT POLICE PERMITS
Some businesses are required to obtain a police permit before starting operation. The police permit application
process allows the City to obtain information concerning ownership of a business and to inspect the ongoing
operation during normal business hours. A background check is also performed during the processing of the
application. On October 15, 2014, a procedure was adopted to inform neighborhood councils of First
Amendment* applications pending action by the Po ce Permit Review Pane
I
I II I I I I I
Notice of Application for Police Permit Cafe Entertainment/Show @ 1248 S FIGUEROA ST #200
The select descriptions below are provided to answer common questions. The descriptions are general and do not contain the full details and
requirements of the Los Angeles Municipal Code. The Los Angeles Municipal Code is available at cityofla.org, under City Government -->
"City Charter, Rules and Codes."
FIRST AMENDMENT PERMITS
* "First Amendment Permits" are permits for business activites which have been deemed to be protected under the First Amendment to the
Constitution ("free speech"). These applications generally are processed within 30 days from the date of receipt of a complete application by
the Board of Police Commissioners. Persons objecting to the granting of these permits should present reason(s) for the objection quickly.
CAFE ENTERTAINMENT/SHOW (LAMC 103.102)'
Live entertainment. Includes a disc jockey (DJ)to the extent the DJ performs for/entertains the public. Includes karaoke.
CAFE ENTERTAINMENT/SHOW-ADULT (LAMC 103.102)*
Is the Cafe Entertainment/Show permit at an establishment where the applicant has indicated that entertainment will include a person who
performs specified sexual activites or displays specified anatomical parts in the business. See LAMC 103.01. Shall conform to additional
requirements.
PICTURE ARCADE (LAMC 103.101)*
Coin-type or electrically controlled still or motion picture machines, image producing devices maintained to display images, or still or motion
pictures to five or fewer persons per machine at any one time.
PICTURE ARCADE-ADULT (LAMC 103.101)*
Is the Picture Arcade permit at an establishment where the applicant has indicated the picture arcade has displays which are distinguished or
characterized by an emphasis on specified sexual activities or specified anatomical parts. See LAMC 103.01.
MOTION PICTURE SHOW (LAMC 103.109)*
Exhibiting motion pictures to the public in any theater, show house or other place of entertainment.
MOTION PICTURE SHOW-ADULT(LAMC 103.109)*
Is the Motion Picture Show permit at an establishment where the applicant has indicated that a substantial portion of the total presentation
time is devoted to the showing of material which is characterized by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical parts. See LAMC 103.01.

PPRP #15-0007 - City of Los Angeles

Transcription

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