Located at 5100 E. 2nd St., Panama Joe's was licensed as a restaurant with alcohol in Dec. 2008 and was granted short-term permits for entertainment without dancing on March 17, 2009 and April 6, 2010...and ) and last year was granted a permit for entertainment with dancing (April 19, 2011). If a Council majority denies the permit for entertainment with dancing now requested, "the business will be required to cease all entertainment activity," the city staff report says.
The city staff report, agendized in connection with a formal City Council hearing on July 24, includes a memo from LBPD Chief Jim McDonnell recommending denial "based on a review of calls-for-service, incident reports, and arrests for the time period between December 14, 2009, and December 14, 2011" and adds that LBPD "also evaluated calls-for-service, incident reports, and arrests for the time period between December 14, 2011, and May 31,2012. This
additional evaluation was done to determine if Panama Joe's had made any
improvements that would mitigate the high number of alcohol related arrests, and
incidents, determined to be attributable to the business. After concluding this
evaluation, the Police Department determined that alcohol related incidents and
arrests remained constant and continued to be an ongoing problem, taxing Police
Department resources, while negatively impacting the surrounding Community." [details in agendized memo below]
Although LB's Fire, Health & Human Services and Development Services Departments found that the building/location meets their departmental requirements, LB's Department of Financial Management states in its transmittal memo (signed by Financial Management Director John Gross, initialed as approved by City Manager Pat West) that a review by the Financial Management Department's Business Relations Bureau of "all submitted department documents and correspondence (attached) and, after a thorough investigative process, recommends that the permit for entertainment with dancing by patrons be denied."
Panama Joe's, Inc., DBA Panama Joe's Café, has been licensed as a restaurant with
alcohol since December 2008. For the past three years, the business has been
operating on One-Year Short-Term Permits for their entertainment activities. The first
two permits, granted on March 17, 2009 and April 6, 2010, were for entertainment
without dancing, and the third, granted on April 19, 2011, was for entertainment with
dancing by patrons. If the staff recommendation to deny the permit is approved, the
business will be required to cease all entertainment activity...
The City Council has the authority to approve the following options: 1) grant the Permit,
with or without conditions; or 2) grant a One-Year Short-Term Entertainment Permit, with
or without conditions; or, 3) deny the Permit on the application...
- The Police Department recommends that the permit for entertainment with dancing
by patrons be denied based on the findings and conclusions outlined in the Police
Department's report (attached).
- The Fire Department finds that the building/location meets department requirements
for the proposed use.
- The Health and Human Services Department finds that the building/location meets
department requirements for the proposed use with the condition that the
establishment remain in compliance with the Long Beach Noise Ordinance (LBMC
Chapter 8.80).
- The Development Services Department finds that the building/location meets
department requirements for the proposed use.
The Department of Financial Management, Business Relations Bureau, has reviewed all
submitted department documents and correspondence (attached) and, after a thorough
investigative process, recommends that the permit for entertainment with dancing by
patrons be denied.
[signed by John Gross, Dir. of Financial Mgm't, initialed approved by City Manager Pat West]
[Attached document]
Memorandum
June 27, 2012
To: Erik Sund, Bureau Manager, Business Relations Bureau
From: Jim McDonnell, Chief of Police
...On February 29, 2012, the Police Department recommended DENIAL of the
application for an Entertainment with Dancing Permit, by Panama Joe's Inc....This denial
recommendation was based on a review of calls-for-service, incident reports, and
arrests for the time period between December 14, 2009, and December 14,
2011.
The Police Department also evaluated calls-for-service, incident reports, and
arrests for the time period between December 14, 2011, and May 31,2012. This
additional evaluation was done to determine if Panama Joe's had made any
improvements that would mitigate the high number of alcohol related arrests, and
incidents, determined to be attributable to the business. After concluding this
evaluation, the Police Department determined that alcohol related incidents and
arrests remained constant and continued to be an ongoing problem, taxing Police
Department resources, while negatively impacting the surrounding Community.
Based on this comprehensive evaluation, the Police Department recommends
DENIAL of this application for an Entertainment with Dancing Permit, by Panama
Joe's Inc., dba Panama Joe's Cafe, located at 5100 East 2nd Street...
Backqround
...The business currently holds a Type 47 (On Sale General Eating Place) Alcoholic Beverage Control license,
and has been operating on a One-Year Short-Term Entertainment Permit for the
previous three years. On December 14, 2011, Panama Joe's applied for a new
Entertainment Permit requesting live amplified music, a disc jockey, and karaoke.
Crime Analvsis
As part of the investigation, Vice Detectives examined calls-for-service, incident
reports, and arrests at the above location for a two-year period between
December 14, 2009, and December 14, 2011. There were 67 calls-for-service,
24 incident reports, and 21 arrests determined to be attributable to the business.
49 calls-for-service were for disturbance type incidents such as loud music, loud
patrons, disputes, and fights. Most of the calls-for-service involved patrons who
had been consuming alcohol. 14 arrests were for driving under the influence of
alcohol. The Police Department made 5 additional arrests for public intoxication.
Updated Crime Analvsis
As part of this evaluation process, the Police Department examined calls-forservice,
crime reports, and arrests at the above location for the time period
between December 14,2011, and May 31,2012. There were 5 calls-for-service,
6 incident reports, and 15 arrests attributable to the business. 7 arrests were for
driving under the influence of alcohoL. The Police Department made 7 arrests for
public intoxication. 1 additional arrest was made for urinating in public.
On February 21, 2012, at approximately 1 :50 AM, three subjects, who had left
Panama Joe's, broke a glass window of a nearby business and removed items
from inside of the store. A criminal investigation resulted in the arrest of one
suspect for burglary, as well as an additional charge for driving under the
influence of alcohoL. Detectives from the Vice Investigations Section evaluated
subsequent police reports and determined the subjects had been consuming
alcohol at Panama Joe's.
Patrol Division
East Division Patrol Commander Michael Beckman was contacted for an opinion
regarding the issuance of this permit. Commander M. Beckman indicated that
Panama Joe's continues to have a number of disturbance type calls-for-service
related to the operation of the business. Most of the calls-for-service involved
patrons who had been consuming alcohol at Panama Joe's. In addition, there
were a high number of arrests for driving under the influence of alcohol,
determined to be attributable to patrons consuming alcohol at the business.
Commander M. Beckman recommends denial of the entertainment application
for Panama Joe's.
Resident Contacts
As part of this investigation, Vice Detectives contacted residents living within 100
feet of the establishment. Detectives determined there were three residents
living within this distance. One resident indicated there are occasional fights in
the parking lot, and beer bottles are left in her yard on a daily basis. She is not
opposed to the business being able to renew their Entertainment Permit for
another year.
Another resident said the owners of Panama Joe's have been proactive in their
approach to mitigate any neighborhood issues of concern. He said that
management is receptive to their concerns, and have done a good job mitigating
issues of concern in the neighborhood. He is not opposed to the business being
able to renew their Entertainment Permit.
The third resident was left several phone messages asking for his input regarding
Panama Joe's Entertainment Permit. He has not contacted the Vice
Investigations Section of the Long Beach Police Department.
Vice Investiqations
On Wednesday, January 18, 2012, at approximately 2115 hours, detectives went
to the location in an undercover capacity. There were two security guards at the
front door checking identification with an electronic scanner. There were
approximately 60 patrons inside the business eating, drinking, and listening to
amplified music. Security guards were monitoring patrons throughout the
business and the crowd appeared to be well managed. The music was slightly
audible from outside of the business, and could not be heard from over fifty feet
from the business.
Meetinqs with Panama Joe's
In December of 2010, staff from the Vice - Administrative Detail, met with Mr.
Fabius Rizk to review conditions of operation, and best practices, as it relates to
their pending Entertainment Permit. Calls-for-service, incidents, and arrests,
related to Panama Joe's, were discussed in entirety.
In March of 2011, staff from the Vice - Administrative Detail, met with
representatives from Panama Joe's to discuss calls-for-service, incidents, as well
as the high number of alcohol related arrests, determined by Vice Detectives, to
be attributable to the business.
On October 5, 2011, Lieutenant Rudy Komisza, and staff from the Vice -
Administrative Detail, met with Mr. Ron Newman and Mr. Fabius Rizk at the Long
Beach Police Department to discuss several issues of concern. The issues
discussed included the excessive service of alcohol to patrons, arrests for driving
under the influence of alcohol, arrests for public intoxication, and disturbance
related calls-for-service, determined by Vice Detectives, to be attributable to the
business.
On April 12, 2012, Sergeant Greg Eldridge and staff from the Vice -
Administrative Detail, met with Mr. Fabius Rizk at the Long Beach Police
Department to discuss several issues of concern. The issues discussed included
the excessive service of alcohol to patrons, arrests for driving under the influence
of alcohol, arrests for public intoxication, and disturbance related calls-forservice,
determined by Vice Detectives, to be attributable to the business.
On May 8, 2012, Lieutenant Rudy Komisza and Sergeant Greg Eldridge, met
with Mr. Ron Newman and Mr. Fabius Rizk at the Long Beach Police Department
to discuss several issues of concern. The issues discussed included the
excessive service of alcohol to patrons, arrests for driving under the influence of
alcohol, arrests for public intoxication, and disturbance related calls-for-service,
determined by Vice Detectives, to be attributable to the business.
Over the past several years, Lieutenant Rudy Komisza has had at least five
telephone conversations with Mr. Ron Newman or Mr. Fabius Rizk to address
issues of concern, such as disturbance related calls-for-service, and alcohol
related incidents and arrests that were determined to be attributable to Panama
Joe's.
Despite efforts by the Vice Investigations Section to mitigate issues of concern
with ownership and management from Panama Joe's, calls-for-service and
alcohol related arrests continue to be a burden on Police Department resources,
and have a negative impact on the surrounding Community.
Recommendation
Based upon the Vice Section's investigation and East Division Patrol
Commander Beckman's recommendation, the Long Beach Police Department
has determined the public peace, safety, and welfare of the general area would
be impaired if this permit is granted. The Police Department recommends the
application for Entertainment with Dancing by patrons, live amplified music, disc
jockey, and karaoke be denied based on the following:
The high number of continuing disturbance related calls that have been
determined to be attributable to the business.
The high number of continuing alcohol related incidents that have been
determined to be attributable to the business.
The high number of continuing arrests for driving under the influence of alcohol
that have been determined to be attributable to the business.
The high number of continuing arrests for public intoxication that have been
determined to be attributable to the business