(April 20, 2011) -- The operator of Panama Joe's (5100 E. 2nd St.) walked into last night's (April 19) City Council hearing with a soon-to-expire permit for entertainment without dancing, seeking approval for an application for a permit with dancing. Five neighborhood residents testified in opposition (one with a petition signed by over forty neighbors in opposition); no neighborhood residents testified in support; the restaurant's general manager as well as its operator testified in support.
A few minutes later, the City Council approved a one-year permit for entertainment with dancing, which lists 26 conditions of operation that City Hall staff, not residents, can enforce.
Councilman DeLong, in colloquy with city staff, voiced concern that not granting the requested permit could prevent City Hall from enforcing 26 conditions it attached to the requested permit. However on subsequent questioning by Councilwoman Rae Gabelich, city staff admitted that the Council had the option of letting the current permit expire, which would still allow the restaurant operator to apply for a new entertainment permit (without dancing). "I think that's the thing to support. If we're having this conversation and you want to protect the communties, you're turning it into a nightclub." She and Councilmember Andrews voted against granting the requested permit with dancing.
Council majority approval of the requested permit followed testimony by neighborhood residents citing instances of public urination and multiple nuisance and neighborhood disturbing behaviors. The operator testified that he'd met with Councilman DeLong on the issues and said he tried to meet with residents who'd signed the petition but without success.
Councilman DeLong said "I can tell you I care very deeply about it" and said he and the City Manager and the Police Chief will be meeting about the issue on Monday (April 25). "[With LBPD's Vice Commander] it's the number one issue on our agenda when we get together and talk about things going on in the Third District, this is always the first thing, and it's very frustrating that we have not been able to dramatically improve the environment," Councilman DeLong said.
However Councilman DeLong said, "I'm not sure that denying the entertainment permit is part of the solution. If I did, I would immediately be there, but I'm concerned that it might make things worse." He turned to City Hall Dir. of Financial Management Eric Sund, and asked if the permit weren't granted, would the City lose the ability to include the 26 permit conditions (below) on Panama Joe's? Mr. Sund replied that was correct.
But under questioning by Councilwoman Rae Gabelich, Mr. Sund acknowledged that the Council had the option of letting the operator's current permit without dancing expire, which would allow the restaurant operator to seek a new entertainment permit without dancing. "I think that's the thing to support. If we're having this conversation and you want to protect the communties, you're turning it into a nightclub." She and Councilmember Andrews voted against granting the requested permit with dancing.
A few hours after the vote, Kurt Borsting, among those testifying in opposition to granting the permit, emailed Councilman DeLong, cc'd to the full City Council:
As granted by the Council, the permit includes 26 conditions of operation...which are enforceable by City Hall, not directly enforceable by residents affected:
1) The operation of the establishment shall be limited to those activities and
elements expressly indicated on the permit application and approved by the City
Council. Any change in the operation, which exceeds the conditions of the
approved permit, will require that a new permit application be submitted to the
City Council for their review and approval. {Issued per previous permit dated 4/6/10;
see condition #26}
2) Unless separately applied for, reviewed, and approved, no adult entertainment, as
defined by section 5.72.115(B) LBMC shall be conducted on the permitted
premises. {Issued per previous permit dated 4/6/10; see condition #29}
3) Entertainment activities indicated on page #7 of your entertainment application
shall be restricted to no later than 1:00 A.M. each day of the week. Entertainment
can begin at 7:00 P.M. Monday through Friday and 1:00 P.M. on Saturday and
Sunday. {Issued per previous permit dated 4/6/10; see condition #14}
4) Entertainment on the following holidays is permitted until 1:30 AM.: New Year's
Eve, New Year's Day, St. Patrick's Day, Cinco De Mayo, Memorial Day Eve, July
3rd Labor Day Eve, and Halloween Night. {Issued per previous permit dated 4/6/10;
see condition #15}
5) The permittee shall not allow patrons to enter the establishment after 12:45 AM.
Entrance closure does not restrict normal hours of operation. {New}
6) Patrons under twenty-one (21) years of age shall not be permitted to enter, nor to
remain on the premises, after the restaurant (food services) portion of the
establishment has closed, or 10:00 P.M., whichever occurs first. Private functions
not open to the public are exempt from this condition. {Issued per previous permit
dated 4/6/10; see condition #1}
7) Patrons awaiting entry in a defined "queue" shall be restricted to East 2nd Street
and the line must extend east of the business. There shall be no "queue" allowed
after 12:30 AM. each day of the week. All persons gathering outside after the
allowed hours shall be considered to be loitering. The public right of way
(sidewalk), or an entrance to any business shall not be blocked at any time. {New}
8) This Entertainment Permit is accessory to the primary business, which is a
restaurant. The authorization to provide entertainment on-site is subject to the use
remaining as a restaurant, meaning a bona fide eating place serving actual and
substantial meals.
"Meals" means the usual assortment of foods commonly ordered at various hours
of the day; the service of such food only as sandwiches or salads shall not be
deemed compliant with this requirement. Meals must consist of food prepared on
the premises. Hours of sales of alcohol shall be limited to the hours when meals
are available.
The premises must be equipped and maintained in good faith. The premises
must possess working refrigeration, cooking equipment, utensils, menus, and
enough food to make substantial meals.
In the event the primary business ceases operations, fails to operate as a bona
fide eating place, fails to serve actual and substantial meals or otherwise fails to
comply with this condition, the Entertainment Permit becomes null and void.
{Issued per previous permit dated 4/6/10; see condition #13}
9) The establishment shall remain in compliance with all applicable sections of the
Long Beach Noise Ordinance (LMBC Chapter 8.80). {Issued per previous permit
dated 4/6/10; see condition #9}
10) Noise emanating from the permittee's premises shall not be audible beyond 50
feet from the property line of the premises. The permittee shall be responsible for
determining how to best meet this requirement, either by keeping doors and
windows closed, limiting hours of entertainment, or by offering non-amplified
entertainment. {Issued per previous permit dated 4/6/10; see condition #5}
11) The permittee shall be responsible for maintaining an adequate security staff to
supervise patrons inside the establishment and those waiting to enter. Potential
patrons awaiting entry in a defined "queue" shall be counted toward the
calculation of required security staffing levels. For crowds up to fifty (50) patrons,
the permittee shall provide a minimum of one (1) uniformed security guard. For
crowds over fifty (50) patrons, the permittee shall provide a minimum of one (1)
additional uniformed security guard per fifty (50) people. Security guards must be
identifiable as "Panama Joe's" employees. Should the permittee's operations give
rise to a substantial increase in complaints/calls for service, or trash left in the
parking lot or adjacent property, the permittee shall increase security as directed
by the Chief of Police. {Issued per previous permit dated 4/6/10; see condition #19}
12) The permittee shall ensure that a security guard monitor and check the property
adjacent to, and the parking lots on each side of Granada Avenue on an hourly
basis after 8:00 P.M., each night of the week. Security shall maintain order and
prevent the unlawful consumption of alcohol. Security shall prevent any activity
that would interfere with the quiet enjoyment of any nearby residential property.
Security guards must be identifiable as "Panama Joe's" employees. {Issued per
previous permit dated 4/6/10; see condition #20}
13) The permittee shall not allow any employee, patron, or entertainer, to exit or loiter
near the side door on Granada Avenue, or the two rear kitchen doors, after 10:00
P.M., except in the case of an emergency. {Issued per previous permit dated 4/6/10;
see condition #16}
14) The side door on Granada Avenue and the two rear kitchen doors shall not be
used for any type of deliveries, including loading or unloading of any performer's
equipments, between the hours of 10:00 P.M. and 8:00 A.M. {New}
15) The permittee shall not allow employees to discard trash or beer bottles into the
outside dumpster between the hours of 10:00 P.M. and 7:00 A.M. {New}
16) At the conclusion of each event, the permittee shall take reasonable measures to
ensure that exiting patrons walk directly to their vehicles and not loiter in the
parking lot or the immediate area. {New}
17) The permittee agrees to reimburse the City of Long Beach whenever excessive
police services, as determined by the Chief of Police, are required as the result of
any incident or nuisance arising out of, or in connection with the permittee's
operations. {Issued per previous permit dated 4/6/10; see condition #22}
18) All independent contractors and promoters must have, or obtain a City of Long
Beach Business License, prior to conducting entertainment activities governed by
this permit. The permittee shall be responsible for all entertainment activities at
the location, including those conducted by promoters or independent contractors.
{Issued per previous permit dated 4/6/10; see condition #30}
19) The permittee must provide all promoters, or independent contractors hired to
conduct entertainment activities, with a copy of the approved permit, which shall
include a copy of the approved conditions of operation. {Issued per previous permit
dated 4/6/10; see condition #31}
20) Panama Joe's Cafe, its promoters, or agents, shall not distribute any advertising
matter, such as signs, posters, or promotional cards, in or upon any public
property, any vehicle or in any other such place in the City of Long Beach.
Distribution of any advertising matter upon private property shall adhere to the
following guidelines: by placing the same matter in a receptacle, clip, or other
device designed or intended to receive advertising matter. The permittee shall
keep all promoter contracts, including names, addresses, and phone numbers, on
file at all times, and be available for inspection at any time. {Issued per previous
permit dated 4/6/10; see condition #23}
21) The permittee shall install and maintain a video surveillance system that monitors
no less than the front and rear of the business with full view of the public right-ofways
and any parking lot under the control of the permittee. The video system
must be capable of delineating on playback the activity and physical features of
persona and areas within the premises. Recordings shall be retained for a
minimum of 30 days and be accessible via the Internet by the Long Beach Police
Department. A Public Internet Protocol (IP) address and user name/password is
also required to allow the Long Beach Police Department to view live and
recorded video from these cameras over the internet. All video security cameras
shall be installed to the satisfaction of the Chief of Police, Director of Technology
Services, and Director of Development Services. At the discretion of the Chief of
Police, the permittee may be required to add additional video cameras. {New}
22) An identification card scanner shall be used for all patrons entering the
establishment after 10:00 P.M. for the sole purpose of verifying patron age and/or
authenticity of a patron's driver's license or identification card. (Issued per previous
permit dated 4/6/10; see condition #2)
23) Any graffiti painted or marked upon the premises, or on any adjacent area under
the control of the licensee, shall be removed or painted over within 24 hours of
being applied. {Issued per previous permit dated 4/6/10; see condition #3}
24) Current occupancy loads shall be posted at all times, and the permittee shall have
an effective system to keep count of the number of occupants present at any
given time. This information shall be provided to public safety personnel upon
request (LBMC section 18.48.320). {Issued per previous permit dated 4/6/10; see
condition #21}
25) The permittee shall maintain full compliance with all applicable laws, ABC laws,
ordinances, and stated conditions. In the event of a conflict between the
requirements of this permit, your conditional use permit, or your Alcoholic
Beverage Control license, the more stringent regulation shall apply. {Issued per
previous permit dated 4/6/10; see condition #24}
26) The permittee must submit an application for the renewal of the entertainment
with dancing permit not later than December 2011 or four (4) months prior to the
One-Year Short-Term permit expiration date. {New}
Mike Kowal, Realtor
