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LBPD & City Mgm't Recommend Denial Of Permit for Entertainment w/ Dancing @ Belmont Shore's Panama Joe's; Formal Council Hearing/Vote Scheduled July 24


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(July 18, 2012) -- LBPD is recommending a denial of a permit for entertainment with dancing requested by Panama Joe's in Belmont Shore.

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."

The city staff agendized materials state in pertinent part:

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
  • To view the full city staff agendized materials, click here.

    Related LBReport.com coverage:

    Panama Joe's: Current & Immediate Past Presidents of Belmont Shore Residents Ass'n Submit Opposition To Owner-Requested Permit for Entertainment w/ Dancing


    Panama Joe's: Owner Submits This Written Response To City Staff/LBPD-Recommended Denial Of Permit for Entertainment w/ Dancing

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