CC - Item 4CC-B - Permit For Spike's Bar & GrillI,
staf epor
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI9 CITY MANAGES✓~
DATE: JUNE 5.2000
RE: APPROVAL OF ENTERTAINMENT PERMIT FOR
SPIKE'S BAR & GRILL, 7813 E. GARVEY AVENUE
Pursuant to the Rosemead Municipal Code, an Administrative Hearing was held on
May 25, 2000 regarding the approval of an Entertainment Permit for Spike's Bar &
Grill, 7813 E.Garvey_Avenue. The hours of entertainment will be Fridays and
Saturdays, 9:64-m--to-1:00 a.m., and Sundays; 2:00 p:m.-to 6:00 p.m.
---Staff is=recommending approvalof the Entertainment Permit contingent upon the.___
conditions. Attached for your information are the
- -i: ---Co _ _ of=the Sheriff's De artment-L-icense Detail- Investiaator's_ re ort and
_.._z---•--~conditions'of-`approval.
-2. -Copy of the-minutes-of the-administrative-Hearing-on-A7ay 25; 2000.
RECOMMENDATION
It is recommended that the Rosemead-City-Council grant an Entertainment Permit to- -
Spike's Bar & Grill, 7813 E. Garvey Avenue contingent upon the attached list of
ennditions.
FGT:js
Attachment
JUN 13 2000
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LEROY D. BACA. SHERIFF - -
December 14, 1999
LICENSE UNIT INVESTIGATION REPORT
199-01154-3410-446
City of Rosemead
Application for Business License and/or permit Public Eating, Billiards, Entertainment
Business Name: Spike's Bar &-Grill_
Address: 7813 East Garvey Avenue
Applicants: __--Sevilla, Ismael Antonio
- - AKA: Tony - - - -
- -
Result of investigation fails to indicate a basis for protest.
Result of investigation indicates a basis for protest.
See narrative report attached in clarification of recommendation.
Investigating Officer T. McLaughlin Report Approved R. Kenealy, Sergeant
#449065 #48866
Departmental Recommendation Approval With Conditions
LEROY D. BACA, SHERIFF
('John M. Bauer, Captain
Major Crimes Bureau
_ rQ ifior. o c.`eruice
199-01154-3410-446
Narrative
Spike's Bar and Grill
Page 2
This background check was. received by the Los Angles County-Sheriffs Department- - -
License Detail on May 29, 1998. Originally applicant Sevilla applied for a public eating,
billiards hall, and phonograph permits on January 24, 1998. At that time the application
was not forwarded to_the_LosAngeles County Sheriffs Department fora background check.- .
On May 14, 1997, Ismael Sevilla and Michael Lascarez made application to the Department
of Alcoholic Beverage Control for a Type 48 license at this location. It was not until 012498
that the application for the necessary business licenses and permits was submitted. That
- application-showed-Sevilla as-the-owner,-but-did-not-list-Lascarez.
In late April 1998 the City received a complaint that Spikes Bar and Grill was operating in
violation of numerous Rosemead Municipal Codes and the conditions on CUP 97-727. On
April 27, 1998, a preliminary field inspection was conducted by Code Enforcement Officer
_.Milan Mrakich. _At thattime he noted.numerous violations-that substantiated the complaint.
On May 3, 1998, Mrakich, deputies from Temple Station, and investigators from the ABC
did an inspection of the premises. Sevilla was cited by the Sheriffs Department for the
___---following violations: - -
6203 RMC: Restriction on dancing
_ .8100_RMC: 7. __Occu anc _ ermit group B -violation
9901 RMC: -Banner sign - -
5401-5405 RMC: - -Trash,-debris;-property-maintenance- -
7.36 L.A.C.C. Entertainment permit required
- - - On-that date the ABC cited-Sevilla for: - ° _ - - - -
- - -=25665-B&R[^- -=-Allowing-minors-to=enter and-remain
- - After this inspection Sevilla and Lascarez applied-for the entertainment permit.
On May 6, 1998, Mrakich wrote Sevilla and Lascarez enumerating 25 violations of law and
CUP conditions. On October 21, 1998, Mrakich wrote Sevilla and Lascarez a letter stating
another complaint had been received by the City and that they still were not in compliance
with the letter dated May 6, 1998. Subsequent to this second letter the corrections were
done.
e
199-01154-3410-446
Narrative
Spike's Bar and Grill
Page 3
On September 24, 1998, License Investigator T. McLaughlin and Mrakich did an inspection: -
McLaughlin noted the following violations:
7.04.070 L.A.C.C.: Posting of business required
113920(d) H&S: Posting of Health Permit required
7.90.370 L.A.C.C.: License required for coin operated games of skill
The bartender, Roberto Gonzales, was verbally warned of these violations.
On October 4, 1998, Deputy Bayer observed dancing in the business. This is a violation
of:
7.30.110 L.A.C.C.: Dance license required
_ _ On October-13, 1998, The Los Angeles County Department-of.Health Services Tobacco----- - -
Control Program wrote a letter to the business stating that a complaint had been received
concerning smoking in the establishment.
__-____-__...On 120198 McLaughlin. did-another-inspection-of-the-premises_and-found-the-following-----------
-
---violations:- - - - - -
-----:7:90.-370 L-.A.C.C.---. Coin.operated game-permit=required
- CUP 97-727, condition #12: Premises to be weed free
Inv. McLaughlin issued a warning notice to the manager, Josephine Line, for these On 073199 at 2100 hrs. Deputies Bayer and Reed did an inspection of the business and
--found-that the front door was locked-From the outside of the•building they could hear'a`live--'--
_band playing -inside. They went to the rear of the-location and contacted Sevilla- The_.__-
deputies asked Sevilla why the front door was closed and why there was a band playing
inside. Sevilla stated that he was having a "private party" and did not want to let the public
inside. If Sevilla was selling alcohol at this party he is required to be open to the public as
this location is licensed as a "public premises." If Sevilla was giving away alcohol, he
would be required to surrender his liquor license to the ABC for the duration of the party.
The live band was a violation of:
7.36.040(A) L.A.C.C.: Entertainment license required
When McLaughlin spoke with Sevilla after this incident, he told her that he was hosting a
20`" anniversary party that night for himself and his wife. McLaughlin verbally warned
Sevilla of these violations.
199-01154-3410-446
Narrative
Spike's Bar and Grill
Page 4
The calls for service at this location show only one incident in the last year. On April 10, - -
1999, the location's bouncer had an altercation with two male subjects, one of which has,
in the past, claimed to be a "Lomas" gang member. As a result of that incident the bouncer
was cut with a sharp object by one of the subjects. It should be noted that in the past.this
establishment was a known hang-out for "Lomas" gang members, and Sevilla has been
successfully deterring their patronage of the bar.
On Sevilla's PERSONAL INFORMATION FORM that was filled out for this background
check-Sevilla answered "No-to "the question, "Have you ever been-arrested-which-resulted
in a conviction. During interviews with Sevilla McLaughlin asked him this question several
different times. Each time he stated that he had never been convicted of a crime. When
McLaughlin inspected the records at the ABC she learned that Sevilla had been convicted
in 1983 for smuggling aliens, illegal entry into the country, and aiding and abetting. Sevilla
had listed these convictions on his ABC paperwork: When McLaughlin asked Sevilla about
those specific convictions he stated that he had forgotten it. He went on to say that he had
a reckless driving conviction that he, also, forgot to list.
- - ------McLaughlin-held this application-in abeyance for quite awhile prior to doing this report so
that she could watch _the_operation-of_the_ business. Though their grounds to deny this
_ _application-it.is-apparent to.McLaughlin that Sevilla has.went-to great lengths to physically
-----application-it-is apparent
_ - clean-the premises. up and-to keep out-Onruly-customers---McLaughlin-has-observed. a =
reduction in the number of violations that she has observed since Lascarez disassociated -
himself with the business: -While counseling Sevilla concerningthe-various violations that---. she had observed she formed the opinion that Sevilla takes responsibility for his actions,
- and is attemptingto operate the business in a lawful manner. At this time the violations are -
- - -
- =
'-minor, further apait,-and being done-out of a lack of knowledge; not-a-determined e o o-=-
break the law.
____Cucrently_Sevilla's.houcs_of operation are daily_10:00_A.MJo 2:00.A.M.=He_is anticipating
having entertainment in the form of a jazz trio or karaoke'on Friday and Saturday nights
between the hours of 9:00 P.M. and 1:30 A.M. On Sundays he would like to have
entertainment between 2:00 P.M. and 6:00 P.M. At this time he is not requesting a dance
permit.
It is the recommendation of the Los Angeles County Sheriffs Department that this permit
for entertainment, public eating, billiards, and phonograph be granted with the attached
conditions. Further it is recommended that this permit be reviewed, at a minimum, on a
quarterly basis for the first year of operation, semi-annually for the second year of operation,
and yearly thereafter.
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
RECOMMENDED BUSINESS LICENSE / PERMIT
CONDITIONS
SPIKE'S BAR AND GILL
7813 Garvey Av.
Rosemead, California
1. The entire premises is subject to inspection by the Sheriffs Department at anytime.
Any locked or otherwise secured rooms shall be opened upon demand.
-2-The approved.floor--plan and/or-room use shall-not-be changed-without prior-approval
of the Sheriffs Department License Detail.
3. All licenses, permits, and the adopted conditions shall be displayed where they are
clearly visible to the public.
4. All required permits and licenses shall be valid at all times.
5. All employees shall possess, at the site, a valid California Department of Motor
Vehicles driver's license or identification card -They shall present such identification
= upon demand of any regulatory official.
-
- - - - is
__6._- An:owner_or_manager"shall=be_present-at:atl _t-the-busi ness-is open._=Tlie-___-----
owner.and/or-manager-will be familiar with all codes-and conditions- regulating this- - - -
establishment_Theownerand/or manager shall be.:abietocommunicate_effectively. - wittiregulatory offici5i§-.- - - - - - - - -
7 Theo-wnerand/or manager-shall-immediately.introduce:him/herself-to any regulatory_
official (Sheriff, Fire, Code Enforcement, etc.) at such time as the offiicials's presence
is announced to-any:employee.---.---_-_u-_
8 - The owner and/Cr manager shall fully cooperate with regulatoryofficials:
9. No person under 21 years of age shall be allowed on the premises.
10. Smoking shall not be allowed within the premises.
11. The hours of operation shall be restricted to 10:00 A.M. of one day to 2:00 A.M. of
the following day.
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT
RECOMMENDED BUSINESS LICENSE / PERMIT
CONDITIONS
SPIKE'S BAR AND GRILL
- - - - - - - - - --7813 Garvey Av_- -
Rosemead, California
12. The hours of entertainment shall be:
Friday 9:00 P.M. to Saturday 1:00 A.M.
Saturday 9:00 P.M. to Sunday 1:00 A.M.
Sunday 2:00 P.M. to 6:00 P.M.
13. During the hours of entertainment said entertainment shall not be
the licensed premises.
14. The most current security and video taping plans, as approved by the Sheriffs
License Detail, shall be complied with at all times. The security and video taping
plans may be altered by the Sheriffs License Detail as needed. "
15. Any violations of any applicable laws and/or these conditions shall be grounds for
suspension and/or revocati2rP jf this license-
--16. - After issuance the entertainment permit shall be reviewed.every_90 days_for.the first-
----year. - - and_every six months the-second year. _Other reviews may -take lace as-------
----r----- - - - - -
-deemed-
necessary_-by_any_regu ato_- ry o icia _
I/WE UNDERSTAND AND ACCEPT THESE CONDITIONS.
SIGNED
WITNESSED
GMttMO111p6.fADG11V0
DATE
DATE /1-2
ADMINISTRATIVE HEARING
SPIKE'S BAR & GRILL
7813 E. GARVEY AVENUE
----MAY 25,-2000---
The Hearing was opened by the Hearing Office, Donald J. Wagner, at 10:21 a.m.
The Hearing Officer then requested that everyone in attendance state their name for
the record. Ismael Sevilla, owner, Paul Herrera, Harry Lim, Terri McLaughlin,
Sheriff's Business License Investigator, Milan Mral:ich, Code Enforcement Officer,
Jessica Wilkinson, Planning Associate, and Jan Saavedra, Business License Clerk.
The Hearing Officer then asked Ms. McLaughlin to report on the Sheriff's
investigation. Ms. McLaughlin read a summary of the business. Ms. McLaughlin
stated that at the time of the investigation, Mr. Sevilla stated that he was anticipating
having a three piece combo at the establishment. Ms. McLaughlin stated that if he
was going to have a rock and roll band; that Conditional #13 must be followed and
she feels that more security would be needed.
..-The. Hearing..Officer-then asked the Planning Associate_if_the_P_lanning-Dep_artment_ _,=,t__
had anything to say regarding the business or conditions. Ms. Wilkinson stated no.
_.----Mr..Mrakich, Code Enforcement Officer also stated that he had no concerns at this
time.
- The Hearing-Officer then asked if anybody would like to speak. -
Mr.-Lim, property owner at`7771 Garvey, located across=from the business,=Was m-=
favor of the business, that he had no problems.
_ It-should-be noted-thatno=other-resident-or-business owner-was in.attendance:-=
The Hearing Officer then closed the hearing at 10:30 a.m.
RESPECTIVELY SUBMITTED
-CRIB
C~s
J SAAVEDRA