HomeMy WebLinkAboutPA2022-0263_20230207_PRR_PoliceNEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Jenny Tran, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: February 7, 2023
SUBJECT: Kalaveras
900 N Bristol Street, Newport Beach
PA2022-0263
At your request, the Police Department has reviewed the project application for Kalaveras,
located at 900 N Bristol Street, Newport Beach. The applicant has requested a new use permit to
increase hours of operation and make a temporary patio permanent.
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 proposed place of business at 900 N Bristol Street,
Newport Beach.
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) 34 in the north
area of the City.
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, 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 159, 57% over the City-wide crime count average
of 101. 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
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found to have undue concentration. In comparison, neighboring RD 33 is 14% above the City-
wide average, RD 35 is 56% below the City-wide average and RD 36 is 16% 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 Fraud. 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 33 is 18%, RD 35 is 32% and RD 36 is
16%.
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 census tract 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 626.10. This census tract has an
approximate population of 11,867 residents with 19 active on-sale alcohol licenses. That is a per
capita ratio of 1 on-sale license for every 625 residents. Per the Business and Professions code,
we compare this per capita ratio to Orange County’s on-sale per capita ratio of 1 license for every
822 residents and we conclude that undue concentration does not exist in this area.
This location meets the legal criteria for undue concentration pertaining to alcohol
establishments. (B&P §23958.4).
Discussion and Recommendations
The Police Department does not have any objection to this project, specifically the increase in
hours to 2:00 a.m. or making the patio area permanent. This is a retail and commercial area and
residences are not immediately adjacent.
Per NBMC 5.25.010, an Operator License will be required if the project is approved.
The following or similar conditions would be appropriate for the business:
1. The Alcoholic Beverage Control License shall be limited to a Type 47 (On-Sale General).
Any substantial change in the ABC license type shall require subsequent review and
potential amendment of the Use Permit.
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.
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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. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
5. 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.
6. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
7. Live Entertainment is prohibited.
8. Dancing by patrons as defined in NBMC 5.32.010 is prohibited.
9. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
10. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
11. Food service from the regular menu shall be made available to patrons until closing.
12. 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.
13. 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.
14. “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).
15. Strict adherence to maximum occupancy limits is required.
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16. 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.
17. 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.
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