HomeMy WebLinkAboutPA2021-210_20220331_Police Department Memorandum_2NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION
MEMORANDUM TO: Liz Westmoreland, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: March 31, 2022
SUBJECT: Tennis Club Lounge 1602 East Coast Highway PA2021-210
At your request, the Police Department has reviewed the project application for the Tennis Club Lounge located at 1602 East Coast Highway, Newport Beach. The applicant has requested a minor use permit with a Type 41 (On Sale Beer and Wine) ABC License. The lounge area that currently serves concessions at this location would continue to serve small snacks and light meals with areas for seating. The facility would not be open to the public and no construction is proposed in the space. No late hours are proposed (after 11:00 p.m.). 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 in and around the applicant’s proposed place of business at 1602 East Coast Highway. 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. 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 the Fashion Island shopping and entertainment district. The RD is square in shape, bordered by Jamboree on the west, San Joaquin Hills Road 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,
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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.
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 390, 179% over the City-wide crime count average of 140. Since this area has a 20% or 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 61% below the City-wide average, RD 38 is 53% below, and RD 44 (Corona Del Mar Village is 119% above the City-wide average. The highest volume crime in this area is shoplift. The highest volume arrests in the area are drug related offenses. DUI, Public Intoxication, and liquor law violations make up 16% of arrests in this reporting district. In comparison, the figure for neighboring RD 43 is 17%, RD 38 is 23% and RD 44 is 18%. This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4).
Alcohol License Statistics
The standard which ABC utilizes to identify an area over-saturated with alcohol licenses is outlined in Business and Professions Code §23958.4. A reporting district is classified as having “undue concentration” when there is a higher retail license to resident ratio than that of the
county.
The applicant premise is located within census tract 0630.8. This census tract has an approximate population of 2,408 residents with 60 active on-sale alcohol licenses. That is a per capita ratio of 1 on-sale license for every 40 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County’s off-sale per capita ratio of 1 license for every 618 residents.
This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P §23958.4). Discussion and Recommendations
The Police Department has no concerns with the application. Although the applicant location has undue concentration, the area is a planned entertainment district with few residences. The crime
in the neighborhood is largely due to thefts in and around the mall area.
The following or similar conditions would be appropriate for the business:
1. 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.
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2. 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. 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.
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. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited.
7. 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. 8. 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. 9. Employees shall not be permitted to consume alcohol or be under the influence of alcohol at any time during their shift. 10. The operator of the establishment 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 Joe at (949) 644-3705 or wjoe@nbpd.org.
Wendy Joe Police Civilian Investigator, Special Investigations Unit