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HomeMy WebLinkAboutPA2021-219_20221026_PD El Ranchito ReviewNEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: David Lee, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: October 26, 2002 SUBJECT: El Ranchito Restaurant Patio Expansion 2800 Newport Blvd. PA2021-219 At your request, the Police Department has reviewed the project application for El Ranchito Restaurant located at 2800 Newport Blvd., Newport Beach. The applicant has requested a conditional use permit for an expansion to their current out door dining. An Operator License will be required with the new use permit. Statistical Data and Public Convenience or Necessity Attached is a summary report which provides detailed statistical information related to alcohol establishments in and around the applicant’s place of business at 2800 Newport Blvd. 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) 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. 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 647, 541% over the City-wide crime count average of 101. Since this area has a 20% greater number of reported crimes than the average number El Ranchito PA2021-219 2 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 43% above the City-wide average, RD 14 (Lido Isle) is 82% below the City-wide average and RD 16 (37th Street to 54th Street) is 22% over the average. 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. The highest volume arrest in the area is Driving Under the Influence. DUI, Public Intoxication, and liquor law violations make up 44% of arrests in this reporting district. In comparison, the figure for neighboring RD 13 is 34%, RD 14 is 43% and RD 16 is 25%. 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 0635.00. This census tract has an approximate population of 4,938 residents with 65 active on-sale alcohol licenses. That is a per capita ratio of 1 on-sale license for every 76 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 822 residents. This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P §23958.4). Discussion and Recommendations There is no proposed change to the location’s ABC license. An Operator License and a security plan will need to be submitted to the Police Department. The Police Department has determined the following standard (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. 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. The establishment shall comply with the requirements of this section within 60 days of El Ranchito PA2021-219 3 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. 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. 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. 5. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 6. There shall be no dancing allowed on the premises. 7. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 9. Food service shall be made available to patrons until closing. 10. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 11. 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. 12. “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). 13. Strict adherence to maximum occupancy limits is required. 14. The applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. 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. El Ranchito PA2021-219 4 16. 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. 17. Strict adherence to maximum occupancy limit is required. 18. 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 Joe at (949) 644-3705 or wjoe@nbpd.org. Wendy Joe Police Civilian Investigator, Special Investigations Unit