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HomeMy WebLinkAboutPRR_NBPDNEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: David Lee, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: September 6, 2019 SUBJECT: Sessions Sandwiches Fashion Island 101 Newport Center Drive PA2019-141 At your request, the Police Department has reviewed the project application for Sessions Sandwiches, located at 101 Newport Center Drive, Newport Beach. Per the project description, the applicant is seeking a Minor Use Permit to allow for a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage License. There are no late hours proposed. Statistical Data and Public Convenience or Necessity Business and Professions Code §23958.4 finds "undue concentration" for an applicant premises in two ways: 20% higher crime with an alcohol nexus in a Reporting District as compared to the City-wide average, or an over saturation of alcohol licenses in a census tract compared to the county. When undue concentration is found to exist, a judgment on "public convenience or necessity" (PCN) is required . However, there is no definitive or uniform guideline defining the application of PCN. The final determination of PCN for a Type 41 license falls to the Department of Alcoholic Beverage Control (ABC). 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 crime in and around the applicant's proposed place of business at 101 Newport Center Drive. 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) 39, which encompasses Fashion Island. The RD is square in shape, bordered by Jamboree on the west, San Joaquin on the north, MacArthur to the east, and Coast Hwy to the south. 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 Sessions Sandwiches Fashion Island UP2019-141 (ABC). These figures make up the "Crime Count" which is indicated on the attached statistical data form. RD 39 is reported to ABC as a high crime area as compared to other reporting districts in the City. The RD's Crime Count is 491 , 253% over the City-wide crime count average of 149. 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 43 is 70% lower than the City-wide average, RD 44 is 141% higher, and RD 47 is 46% lower. Of the 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas. 20% of the arrests in RD 39 were for public intoxication, DUI, or liquor law violations . In comparison, that figure is 33% for RD 43, 23% for RD 44, and 21 % for RD 47. The highest volume crime in RD 39 is shoplifting and the highest volume arrests are drug-related offenses. Alcohol License Statistics: The applicant premise is located within census tract 630.08. This census tract has an approximate population of 857 residents with 41 active retail alcohol licenses. That is a per capita ratio of 1 license for every 21 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 Reporting District 39 predominantly serves Newport Beach as an entertainment district and tourist destination with a low resident population. The Police Department has no objection to this project and recommends the following conditions of approval: 11 • The establishment must close at 9:00 p.m., daily. 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 may be cause for revocation of the use permit. 3. Approval does not permit the premises to operate as a bar, tavern , cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 4. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 5. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed . 6. There shall be no live entertainment or dancing allowed on the premises. 7, Food service from the regular menu shall be made available to patrons until closing. 2 Sessions Sandwiches Fashion Island UP2019-141 8. The quarterly gross sales of 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. 9. 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. 10. 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 which are clearly visible to the exterior shall constitute a violation of this condition. 11 . All persons selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire or within 60 days of approval of the use permit. This training must be updated at least every 3 years. The certified program must meet the standards of the Department of Alcoholic Beverage Control. Records of each owner, manager and employee's successful completion of the required certified training program shall be maintained on the premises and be presented upon request by a representative of the City of Newport Beach 12. Strict adherence to maximum occupancy limits is required. 13. 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. If you have any questions as to the content of this memorandum, please contact Investigator Wendy at ,(949)644-3705 or wjoe@nbpd.org. Joe Police Civilian Investigator, Special Investigations Unit Randy Parker Detective Sergeant, Special Investigations Unit 3 Subject: 101 NEWPORT CENTER DRIVE SUBJECT RD: RD39 ADJACENT RD: RD43 ADJACENT RD: RD44 ADJACENT RD: RD47 Newport Beach Subject: 101 NEWPORT CENTER DRIVE SUBJECT CENSUS TRACT: 630.08 ADJACENT CENSUS rrJL4i!f;t,62J.01 ADJACENT CENSUS TRACT: 630.04 ADJACENT CENSUS TRACT: 630.07 Newport Beach Orange County CHIEF JON T. LEWIS NEWPORT r>EACH POLICE DEPARTMENT 2018 CRIME AND ALCOHOL-RELATED ST A TISTICS SUMMARY FOR SESSIONS AT 101 NEWPORT CENTER DRIVE (RD39) Part I Diff From % Diff Part I Diff From % Diff Part II Diff From % Diff Part II Diff From % Diff Crime Diff From % Diff Crime Avg From Avg Arrests Avg From Avg Crime Avg From Avg Arrests Avg From Avg Count Avg From Avg ·4 N/A! NIA 1 N/.-, NIA 227 +169 +294% 49 +44 +817% 22 -36 --62% 1 -4 -ll'lit 159 +101 +176% 15 +10 +181% 11 -34 -53% 6 +1 -+li'lt 2,192 RD Average = 58 203 RD Average= 5 Part I Crimes are the 8 mast serious crimes as defined by the FBI Uniform Crime Report -Homicide, Rope, Robbery, Aggravated Assault, Burglary, Larceny, Auto Theft, and Arson. This report reflects City of Newport Beach data for 2017. lo/A 2 WA- 857 41 21 2,800 14 2.00 6 25 2.37 6,958 9 773 85,186 347 2-45 3,010,232 5,943 507 ij ~,. N/A 2 291 +200 +220% 264 23 -~ -79~ 20 202 +111 +122% 176 48 -43 7~ 51 3,456 RD Average = 91 3,088 - N/A H/A +183 +225% -61 -754¥, +95 +117% -30 -31% RD Average = 81 6" N/A w. 491 +352 +253% 42 .,1 •70% 335 +196 +141% 15 -6'1 -4S,O 5,280 RD Average = 149 Per BP 23958.4, crime count is the sum of Port I Crime plus Port II Arrests. ,, :r .. Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 3/19/2018. All Population figures taken from the 2010 US Census. • _& = Subject Location