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HomeMy WebLinkAboutPA2019-162 PD PRR Auk NEWPORT BEACH POLICE DEPARTMENT +tip DETECTIVE DIVISION 43 MEMORANDUM TO: Ben Zdeba, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: October 1, 2019 SUBJECT: II Farro Caffe and Restaurant 111 21 st Place PA2019-162 At your request, the Police Department has reviewed the project application for II Farro Caffe and Restaurant located at 111 21st Place, Newport Beach. Per the project description, the applicant is seeking to amend their Conditional Use Permit (CUP) to modify several current conditions and allow for live entertainment. Should this project be approved, an Operator License will be required. Statistical Data and Public Convenience or Necessity Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime Analyst, Kristi Kondo, which provides detailed statistical information related to alcohol establishments and calls for service in and around the applicant's current place of business at 111 21 st Place. Crime Statistics: The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to compile statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 15 which stretches from 20th Street to 37th Street along the Newport Beach Peninsula. Per Business and Professions Code §23958.4, the Police Department is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft(all Part I crimes), combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control (ABC). These figures make up the "Crime Count" which is indicated on the attached statistical data form. RD 15 is our highest crime area in Newport Beach with significant quality-of-life concerns for the residents, as well as the Police Department. This reporting district is reported to ABC as a high crime area as compared to other reporting districts in the City. The RD's Crime Count is 706, 408% over the City-wide crime count average of 134. Since this area has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is found to have undue concentration. In comparison, neighboring RD 13 (8th Street to 20th Street) is 94% above the City-wide average, RD 12 (B II Farro PA2019-162 Street to 8th Street) is 19% below the City-wide average and RD 16 (37th Street to 54th Street). Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas. The highest volume crime in this area is simple assault, which may be indicative of an overconsumption of alcohol. 37% of the arrests were for public intoxication, DUI, or liquor law violations. The highest volume arrest in the area is Public Intoxication. Alcohol License Statistics: The applicant premise is located within census tract 0635.00. This census tract has an approximate population of 5,726 residents with 77 active retail licenses. That is a per capita ratio of 1 license for every 74 residents. Per the Business and Professions code, we must compare this per capita ratio to Orange County's on-sale per capita ratio of 1 license for every 507 residents. Since the area's ratio exceeds the ratio of retail licenses to population in the county, the area is deemed to have an undue concentration of alcohol licenses. Discussion and Recommendations The primary concern with this application is the establishment's location and the potential impacts to the community. There are 22 ABC Establishments within the McFadden Square area from the Pier to 23Id Street. This particular area of RD 15 is significantly over saturated with ABC establishments. Each weekend, several officers must post in the McFadden Square parking lot at bar closing to monitor the intoxicated individuals that exit the restaurants and bars. Should this project be approved, an Operator License will be required. The Police Department has received an application for Operator License however the required Security Plan was not yet submitted. The applicant has made several requests within the application to modify the alcohol license. The applicant's alcohol license has no conditions. The applicant currently holds two Alcoholic Beverage Control (ABC) licenses: a Type 47 On-Sale General Eating Place and a Type 58 Caterer Permit. The Type 47 License authorizes the sale of beer and wine for consumption off the licensed premises, it does not authorize internet sales. The applicant's current hours of operation are: 11:00 a.m.to 1:30 a.m. May through August and 11:00 a.m. to 12:30 a.m. September through April. The application requests to modify the hours of operation to the following: 6:00 a.m. to 11:00 p.m. Monday through Friday, and 6:00 a.m. to 12:30 p.m., Saturday and Sunday. The Police Department has no objections to this request. • The applicant requests to modify the use permit to allow happy hour pricing. The Police Department objects to this request after 9:00 p.m., daily. Otherwise the Police Department has no objections to an earlier happy hour. • The applicant requests to "upgrade the establishment's service bar". The Police Department cannot make a determination on this request with the supplied information. • The applicant is requesting to sell wine and spirits for consumption off the premises, at the premises and online. The Police Department does not object to the sales of wine or spirits online. We do not object to off-sales of wine from the premises. However, the Police Department does object to any off-sales of spirits from the premises. No retail display of II Farro PA2019-162 alcohol shall be within the public areas of the restaurant. The applicant would need to acquire a Type 21 "Store Front" liquor license which would authorize online sales from this location. • The applicant is requesting to allow live entertainment from 11:00 a.m. to 11:00 p.m. daily. The Police objects to amplified music in the establishment. We do not object to acoustic live entertainment. RECOMMENDED CONDITIONS OF APPROVAL Should the project be approved, the Police Department requests the following conditions be evaluated for this use permit. 1. The approval is for an eating and drinking establishment with on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be Type 47 (On-Sale General — Eating Place), Type 58 (Caterer) and Type 21 (Storefront Sales) licenses in conjunction with the restaurant as the principal use of the facility. 2. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 3. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner's manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 4. The quarterly gross sales of on-sale alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 5. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. . Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 7. Food sales from the walk-up service windows shall be prohibited after restaurant closing. 8. Alcoholic beverage sales from the walk-up service windows shall be prohibited. II Farro PA2019-162 9 There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 10. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 11. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 12. Dancing is prohibited. 13. Strict adherence to maximum occupancy limits is required. 14. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 15. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 16. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 17. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of onsite media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 18. The applicant shall maintain a security recording system with a 30-day retention and make those recordings available to police upon request. 19. An Operator License is required pursuant to Chapter 5.25 of the Municipal Code, may be subject to additional and/or more restrictive conditions such as a security plan to regulate and control potential late-hour nuisances associated with the operation of the establishment. II Farro PA2019-162 If you have any questions as to the content of this memorandum, please contact Investigator Wendy Jo. at ( 49)644-3705 or wjoe@nbpd.org. 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