HomeMy WebLinkAboutPA2023-0141_20230807_Operator License Application Operator License Information
Community Development Department
Planning Division
100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915
(949)644-3204 Telephone / (949)644-3229 Facsimile
www.newportbeachca.gov
F:\Users\CDD\Shared\Admin\Planning_Division\Applications\OL Updated 07/24/13 (seal-07/01/16)
General Information
Pursuant to Chapter 5.25 of the Newport Beach Municipal Code (NBMC), no person shall operate or engage
in any business which constitutes a Bar, Lounge, or Nightclub*, or other businesses which offer alcoholic
beverages for on-site consumption in combination with the operation of Late Hours*, Entertainment*, or Café
Dance*, until that person or entity has first obtained an Operator License. The purpose and intent of the license is
to allow for the enhanced control of noise, loitering, litter, disorderly conduct, parking/circulation, and other
potential disturbances related to the operation of an establishment where alcohol is dispensed. In addition to the
Operator’s License, a Minor or Conditional Use Permit maybe required pursuant to Title 20 of the NBMC. Please
check with the Planning Division for additional permits that maybe required.
Chapter 5.25 of the NBMC authorizes the Chief of Police to conditionally approve or deny applications for an
Operator License. To approve, or conditionally approve, an Operator License, the Chief of Police must make
the following findings provided by Section 5.25.050.B:
1. The business or enterprise is proposed to be located in a zone permitting the proposed use under Title
20 of the NBMC, and is subject to such use permits as may be required;
2. In the case of a business or enterprise offering “Entertainment”*, as defined, the premises meets all of
the criteria of Section 5.28.040.B.2-7:
3. The site plan and proposed premises improvements as proposed, or as subject to such conditions as
are attached to the approval, are consistent with the use and the plan of operations; and
4. The plan of operations as proposed, or as subject to such conditions as are attached to the approval, is
adequate in light of the neighborhood in which the business or enterprise is located and supports the
public health, safety, and welfare of the community.
*Please see Attachment A (Definitions), which explains and defines noted terms.
Application Requirements
To apply please provide the following:
1. A completed Operator License Application Form (attached).
2. Public noticing requirements, including the following (examples available upon request):
a. Two (2) sets of adhesive labels (Avery 5160) containing the parcel numbers, names, and mailing
addresses for all owners of property located within a 300-foot radius, excluding intervening rights-of-
way and waterways, of the exterior boundaries of the subject lot, as shown on the last equalized
assessment roll or, alternatively, from other records that contain more recent addresses.
b. An assessor’s parcel map(s) indicating the 300-foot radius line in relation to the subject property.
c. A statement from the preparer of the radius map and labels. The statement must include the
information source and the correct radius (300 feet). The information shall be prepared by the applicant
or by an ownership listing service doing business in Orange County, CA, utilizing names and
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addresses from the last equalized assessment roll and utilizing the most recent assessor’s parcel
maps, or alternatively, from such other records that contain more recent addresses.
3. Plans
A total of five (5) standard sets and one (1) reduced set of plans shall be submitted. All plans shall
adhere to the following:
Drawn to scale no less than 1/8” = 1’
Standard size plans are to measure 24”x36” (with details itemized on 8 ½”x 11” sheets, if
necessary) and folded no larger than 8 ½”x14” when submitted
Reduced size plans are to be measured between 8 ½”x11” to 11”x17” (with details itemized on 8
½”x 11” sheets, if necessary) and folded no larger than 8 ½“x 11” when submitted
Plans shall include the following:
Plot Plan/Site Plan, fully dimensioned and show the following information on the subject property.
The plot plan shall show these items abutting the property a minimum of 20 feet from the
boundaries of the site:
Vicinity map, north arrow, and scale of the plan
Property lines
Location, name, dimension, and description of all existing and proposed right-of-way lines,
dedications, and easements
Locations of existing and proposed structures, additions, utilities, driveways, walkways, and open
volume areas, including any structure(s) to be relocated, removed, or demolished
Location, height, and material of existing and proposed walls and fences
Location of all trash enclosures and how they will be accessed
Location, dimension, description, and number of parking spaces/areas
Floor Plans, fully dimensioned and show the following information:
Overall building and individual room dimensions/identification, including square footage calculations
All proposed interior walls and partitions
Window and door locations
A furniture layout, including the proposed number of tables and chairs, and the net public area
calculated and outlined or shaded.
Location of outdoor dining areas
Location of proposed live entertainment area
Location and area of proposed dance floor
Location of entertainment features such as televisions, jukebox, pool tables, dart boards, etc.
Optional Materials
Exterior elevations
Color photographs of the subject and adjacent properties
Food and/or beverage menus
Link to website
4. Filing Fee
A filing fee is required at the time of filing to partially defray the cost of processing and other expenses. The
Planning Department will advise you of said fee.
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Operator License Application
Community Development Department
Planning Division
100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915
(949)644-3204 Telephone / (949)644-3229 Facsimile
www.newportbeachca.gov
F:\Users\CDD\Shared\Admin\Planning_Division\Applications\OL Updated 07/24/13 (seal-07/01/16)
General Information
1. Project Address: _______________________________________________________________________
2. Assessor’s Parcel No(s).:_________________________________________________________________
3. Legal Description: _____________________________________________________________________________
4. Business Name:________________________________________________________________________
5. Business Phone Number: ____________________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
6. Anticipated Occupancy: ___________________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
7. Date Business Acquired: ____________________________
8. Date Business Operations Will begin: __________________
9. What are the hours of operations for the establishment? ________________________________________
10. Type of Alcohol Beverage Control License held or sought: ______________________________________
11. Does the proposed establishment offer live entertainment? Yes No
If yes, please explain and note the hours live entertainment is conducted:
12. Does the proposed entertainment include activities defined by Section 5.28.010(1)*? Yes No
If yes, please explain:
13. Does entertainment include dancing*? Yes No
If yes, please explain:
3107 Newport Boulevard
047-060-18
See Attached Schedule 1
Chihuahua Brewing Company, LLC
949-698-1596
Already Operating
No Change
Type 47 - No Change
As allowed by UP2019-0335 and OL2020-001 - Conditions of Approval Nos. 16-22
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14.Is there a cover charge or door entry fee? Yes No
If yes, please explain:
15.Is the premise being rented or leased or being purchased under contract? Yes No
If yes, please attach a copy of the lease or contract. Initial here if so attached:
16.Has the owner or owners ever operated in this or any other County, City, or state under an entertainment
establishment license/permit or similar business license? Yes No
If yes, please explain:
17.Has the owner or owners ever had such a license revoked or suspended and the reason therefore, and the
business entity or trade name under which the business owner operated that was subject to the
suspension or revocation? Yes No
If yes, please explain:
18.Provide a detailed written statement describing the operation of the establishment. This document will
serve as the formal statement to the Chief of Police describing the operation of the establishment and why
it should be approved. Please include any relevant information which supports the application and the
required findings pursuant to Section 5.25.050.B, which are noted on Operators the information sheet
(attach a separate sheet if necessary).
Existing business operating pursuant to OL2020-001
Not Applicable
Please see attached project description and security plan.
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19. Please attach a Security Plan. Initial here if so attached:
The Security Plan shall address the following:
Number of security personnel or ratio to patrons
Qualifications of security personnel (e.g. Guard Card, Private Security License, etc.)
Basic operation plan for security
Plan for controlling loitering, noise, over-crowding, elicit activity, and objectionable conditions
20. Please attach a plan, if any, for contact with the Police Department, neighboring residents or businesses in
the event of planned activities or emergencies. Initial here if so attached:
Business Owner(s)
Attach information about the business owners or principals. If the enterprise is a corporation or LLC, list all officers. If this
is a partnership, list all general partners and if it is a sole proprietorship, list the owner information. If required, attach
information about additional owners on a separate sheet.
Name: __________________________________________ Alias (es): _______________________________
Address: ________________________________________________________________________________
City/State/Zip: ____________________________________________________________________________
Phone: ____________________ Fax: ____________________ Email: _______________________________
California Driver’s License No.: __________________________________________________________
Name: __________________________________________ Alias (es): _______________________________
Address: ________________________________________________________________________________
City/State/Zip: ____________________________________________________________________________
Phone: ____________________ Fax: ____________________ Email: _______________________________
California Driver’s License No.: __________________________________________________________
Property Owner(s)
Name: __________________________________________ Alias (es): _______________________________
Address: ________________________________________________________________________________
City/State/Zip: ____________________________________________________________________________
Phone: ____________________ Fax: ____________________ Email: _______________________________
Declaration
(I)(We) herby certify that (I)(We) have read, understand, and intend to comply with all the operational
requirements of Section 5.25 of the Newport Beach Municipal Code.
(I) (We) ___________________________________________ depose and say that (I am) (we are) the owner(s)
of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing
statements and answers herein contained and the information herewith submitted are in all respects true and
correct to the best of (my) (our) knowledge and belief.
Signature: __________________________________________ Date: ___________________
Signature: __________________________________________ Date: ___________________
Chihuahua Brewing Company, LLC Gary Jabara, Manager
1945 Placentia Avenue, Building D
Costa Mesa, CA 92627
949-515-1500 gary@ioxt.com
Gary Jabara
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8/7/2023
Attachment A (Definitions)
Community Development Department
Planning Division
100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915
(949)644-3204 Telephone / (949)644-3229 Facsimile
www.newportbeachca.gov
F:\Users\CDD\Shared\Admin\Planning_Division\Applications\OL Updated 07/24/13 (seal-07/01/16)
How is a “Bar, Lounge, and/or Nightclub” defined?
Pursuant to Section 20.70 E.2. of Title 20, A “Bay, lounge, and nightclub” means an establishment that sells or
serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises
license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42
(On-Sale Beer and Wine—Public Premises), ABC License Type 48 (On-Sale General—Public Premises), and
ABC License Type 61 (On-Sale Beer—Public Premises)). Persons under twenty-one (21) years of age are not
allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area
that is owned, leased, rented, or controlled by the licensee.
How is “Late Hour of Operations” defined?
Pursuant to Section 20.70 E.6. of Title 20, “Late hour operations” means facilities that provide service after
11:00 p.m.
How is “Entertainment” defined?
Pursuant to Section 5.28.010 of the NBMC, “Entertainment” means any act, play, burlesque show, revue,
pantomime, cabaret, fashion or style show, scene, dance, song, song and dance act, or instrumental music
participated in by one or more employees, guests, customers or any other person or persons.
What Entertainment activities are defined by SECTION 5.28.010(1)?
The presence of any performer, dancer, employee, agent, model or other person, collectively and individually
referred to as “entertainer,” in any place of entertainment who engages in any specified sexual activity (as that
term is defined in Section 5.96.010 of this Code) not otherwise prohibited by local, State or Federal law, or who
exposes any specified anatomical part (as that term is defined in Section 5.96.010) not otherwise prohibited by
local, State or Federal law, or who performs in attire commonly referred to as pasties or a G-string, or any
other opaque covering which does not expose the areola or nipples of the female breast, and while covering
the natal cleft and pubic area covers less than one inch on either side of the entire length of the natal cleft and
two inches across the pubic area.
How is “Café Dance” defined?
Pursuant to Section 5.32.010 of the NBMC, “Café Dance” shall mean any dance which is open to the public
without the payment of an admission fee, which is conducted in a restaurant, cafe, night club, bar, coffee
house, or other place where food or beverages are sold for consumption on the premises.
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CHIHUAHUA CI: Cl VE Z A
Security Plan
Security Supervisor: Luis Mercado 949-220-4496
Chihuahua Cerveza, with an address of 3107 Newport Blvd, Newport Beach, Ca 92663,
Agency Personnel The AGENCY will provide agents (2) with specific training and experience related to the client's business. The majority of the Agencies staff will have the appropriate state licensing and training as outlined in the California Bureau of Security and Investigative Services/Department of Consumer AffaiIB guard cards. The Client may request a personnel change at their sole discretion. The agents will not be armed with any type of weapons.
Agent Post Order of Operation The agents will adhere to all standing orders policies and procedures outlined by the Client, such as Emergency Action Plans (outlined below), general liability protocol and any activity or behavior deemed inappropriate, disruptive or unsafe to the Client and or its guest. Physical security is a major part of the work in this modem environment. The Agency will provide a professional evaluation of the establishment/property technical security posture and normally will consist of a thorough visual and physical examination in and about the surveyed location, as defmed in this plan.
Control & Clearance of Parking Lot We do not have cameras on site due to added liability landlord would take on.
Licensee shall conspicuously post in its parking lot area the following signage: No Trespassing/Loitering. California Penal Code Section 602.1 (a), makes it unlawful for any person refusing to leave the premises of the business after being asked to leave the premises. Any violator will be subject to a penalty up to 90 days in jail or $400 fme. Newport Beach police officers are authorized to arrest any person violating this provision without any further additional warning or notice. If you are not a patron or not here on official business with the owner or the owner's agent, or you are a patron, but you are loitering in the parking area, leave the parking area immediately.
Aggressive Guest Licensee will familiarize all security staff with provisions of California Penal Code Section 415. When a patron acts in a manner that is violent, abusive, indecent, profane, boisterous, or otherwise disorderly, licensee will immediately be asked to leave.
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CHIHUAHUA
Patrons who are Intoxicated
Patrons Presenting False IDs
Control/Supervision of Patrons under21 (restaurant applicants)
Circumstances under which the Police will be called
Handling of Physical Disturbances, including Fights
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