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CC - Item IV.CC-H - Approval Of Billiard Permit For Paul's Steak Housestaf epor TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGED ~ DATE: APRIL 4, 2000 RE: APPROVAL OF BILLIARD PERMIT FOR PAUL'S STEAK HOUSE, 9632 VALLEY BOULEVARD Pursuant to the Rosemead Municipal Code, an Administrative Hearing was held on April 4, 2000 regarding the approval of a Billiard Permit for Paul's Steak House, 9632 Valley Boulevard. The hours of operation for this establishment will be 6:00 a.m. to 2:00 a.m., Monday through Sunday. Staff is recommending approval of the Billiard Permit contingent upon the applicant signing the conditions. Attached for your information are the following items: 1. Copy of the Sheriff's Department License Detail Investigator's report and conditions of approval. 2. Copy of the minutes of the Administrative Hearing on April 4, 2000. 3. Copy of Conditional Use Permit conditions of approval. RECOMMENDATION It is recommended that the Rosemead City Council grant a Billiard Permit to Paul's Steak House, 9632 Valley Boulevard contingent upon the owner signing the attached list of conditions. FGT: js Attachments COUNCIL AGENDA APR, 112000 ITEM No... Mar 29 00 11:00a (buntu u# Enu. Ails ru ~$'hvriff'u 3Ac{sartntent tjcailqua~irrs 47110 3Ranlui~a ~pulehar lftltulttrrgi Park, Oatifiirnia 41754-2164 LEROY U. BACA. SHERIFF March 28, 2000 LICENSE UNIT INVESTIGATION REPORT 100-00312-3410-446 City of Rosemead Application for Business License and/or Permit Public Eating & Billiard Room Business Name: Paul's Steak House • G nnY Address: 9632 East Valley Boulevard Applicants: MacGillivray, John Alan, President MacGillivray, Sean Alan, Chief Financial Officer MacGilliay, Brian Alan Secretary 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 #048865 . _ Departmental Recommendation Approval With Conditions LEROY D. BACA, SHERIFF John M. Bauer, Captain Major Crimes Bureau p.2 ~r'anifion o~c~exuice Mar 29 00 11:00a PAUL' STEAK HOUSE 9632 E. Valley BI. Rosemead, California Page 2 The purpose of this report is to substantiate the Los Angeles County Sheriff's Department License Detail recommendation to approve this application for Public Eating and Billiard Room Permits. This applicant was received by Investigator T. McLaughlin, from License Clerk, Jan Saavedra on November 4, 1999. The applicant is Fogcutter Enterprises Inc. which was formed to purchase this establishment. The corporate officers are: John Alan MacGillivray, president; Brian Alan MacGillivray, secretary; Sean Alan MacGillivray, chief financial officer. Brian and Sean MacGillivray are the sons of John Alan MacGillivray. John Alan MacGillivray currently operates two bars in Orange County. He has owned Hy Roys in the city of Huntington Beach since 1979 and Tony's Place in Costa Mesa since February 1999. The Santa Ana office of the Department of Alcoholic Beverage Control reports that since 1979 they have investigated six incidents at Hy Roys. Their records show the following: 1981, sales to a minor, 1986, minor on premises; 1986, adulterated bottles; 1989, sales of marijuana and methamphetamine by a bar maid; 1992, sales to an obviously intoxicated person; 1999, adulterated bottles. The ABC reported, that with the exception of the adulterated bottles, the incidents appear to have been caused by employees. The Huntington Beach Police Department reports a large number of bar checks at the establishment, but explained that they have been doing a great deal of bar checks, at all of their bars, since the no smoking laws went into effect. Since January 1, 1999, the police have taken twelve reports at the establishment. MacGillivray stated that he or his employees have generated most of the calls for service in their attempt to work closely with the local police department to stop problems before they start. The ABC stated they have had no actions at Tony's Place since MacGillivray took over. The Costa Mesa Police Department stated that historically this establishment has drawn a working class clientele and a number of probationers and parolees. They have not noticed any increase in problems since MacGillivray took over. Under the former ownership of Paul's Steak House the Los Angeles County Sheriffs Department experienced a large number of calls for service. MacGillivray is aware of those problems and, as a result, has agreed to the attached conditions. Though MacGillivray's ABC license is a Type 47, Restaurant, which allows minors in the establishment at all hours he has agreed to limit the minors to only those accompanied by a parent or legal guardian. He has stated that he may, on his own, further limit the admittance of minors in an attempt to alleviate problems before they start. p.3 Mar 28 00 11:01a PAUL' STEAK HOUSE 9632 E. Valley BI. Rosemead, California Page 3 MacGillivray does not plan on being involved in the day to day operation of Paul's Steak House, but does plan on using a manager who will be the on site person in charge. MacGillivray states that typically he spends approximately one hour per day at each of his establishments doing paper work and other administrative duties. It is the recommendation of the Los Angeles County Sheriff's Department License Detail that this application for a public eating and a billiard room permit be approved with the attached conditions. P•4 ~-+a++eC P(14 LTUUl%GE/.iMPMh9Jl71i 1NPo Mar 29 00 11:01a LOS ANGELES COUNTY SHERIFF'S DEPARTMENT RECOMMENDED BUSINESS LICENSE CONDITIONS PAGE 1 Paul's Steak House 9632 E. Valley BI. Rosemead, CA 91770 The entire premises is subject to inspection by the Sheriffs Department at anytime. 2. Any Locked or otherwise secured rooms shall be. opened upon demand. 3. All licenses, permits, and a copy of these conditions shall be posted where they are fully visible and readable by the public. 4. All licenses and permits shall be valid at all times. 5. All conditions imposed by any licensing authority shall be complied with at all times. 6. A person in charge shall be on the premises at all times that the business is open. The person in charge shall be familiar with the laws regulating billiard rooms and public eating establishments. The person in charge shall meet the following qualifications: A. Be at least twenty-one (21) years of age. B. Possess, on their person, a valid DMV issued California drivers' license or identification card. C. Be able to communicate effectively with regulatory officials. D. Have the ability to immediately contact an owner. 7. The person in charge shall introduce him/herself to any regulatory official (Sheriff, Fire, Code Enforcement, Etc.) at such time as the official's presence is announced to any employee. The person in charge shall fully cooperate with the official's investigation. 8. All employees shall possess, on their person, a valid DMV issued California drivers' license or identification card. 9. All persons entering or exiting the premises shall use only the designated front entry, except in the case of an emergency. All other doors shall remain closed except for emergency ingress or egress. p.5 10. The approved floor plan shall not be changed without prior approval of the Sheriffs Department License Detail. Mar 29 00 11:01a LOS ANGELES COUNTY SHERIFF'S DEPARTMENT RECOMMENDED BUSINESS LICENSE CONDITIONS PAGE 2 Paul's Steak House 9632 E. Valley BI. Rosemead, CA 91770 11. The hours of operation shall be restricted to 6:00 A.M. of one day to 2:00 A. M. of the next day. 12. There shall be no use of the premises between the hours of 2:00 A.M. and 6:00 A. M. of any day except for administrative or custodial work done by employees and/or owners of the business. During these hours only employees and/or owners of the business shall be on the premises and no alcoholic beverages shall be served or consumed. 13. No person under twenty-one (21) years of age shall be allowed on the premises unless accompanied by a parent or legal guardian. 14. There shall be no smoking allowed within the premises. 15. The designated entry way and south parking lot shall be video taped in the manner and quality approved by the Sheriffs License Detail. The tapes shall be maintained on the premises for a minimum of 30 days after taping. Tapes are subject to viewing by the Sheriffs Department at any time. Upon demand, the tapes shall be turned over to any official representative of the Sheriff's Department. Video taping shall occur during all hours that the business is open. 16. The latest security plan and video taping plan, as approved by the Sheriffs Department License Detail, shall not change without the prior approval of the Sheriff's Department License Detail. 17. The security and taping plans may be reviewed and/or revised by the Sheriffs Department License Detail as needed without approval of the License and Permit Hearing Board. 18. NO GAMBLING ALLOWED signs shall be posted in English and Spanish. 19. It shall be the responsibility of the person in charge to see that all crimes that occur on the premises are reported to the appropriate law enforcement agency. P.6 20. Any violations of any applicable laws and/or these conditions shall be grounds for suspension or revocation of this license. Mar 29 00 11:01a LOS ANGELES COUNTY SHERIFF'S DEPARTMENT RECOMMENDED BUSINESS LICENSE CONDITIONS PAGE 3 Paul's Steak House 9632 E. Valley BI. Rosemead, CA 91770 WE HAVE READ, UNDERSTAND, AND ACCEPT THESE CONDITIONS. PRINT NAM SIGN NAME DATE PRINT NAME SIGN NAME DATE PRINT NAME SIGN NAME DATE P•7 ADMINISTRATIVE HEARING PAUL'S STEAK HOUSE 9632 VALLEY BOULEVARD APRIL 4, 2000 The Hearing was opened by the Hearing Officer, Donald J. Wagner, at 10:05 a.m. The Hearing Officer then requested that everyone in attendance state their name for the record. Alan MacGillivray, applicant, Jeff Martin, Realtor, Terri McLaughlin, Sheriff's Business License Investigator, Milan Mrakich, Code Enforcement Officer, Jessica Wilkinson, Planning Associate, Jan Saavedra, Business License Clerk. The Hearing Officer then asked Ms. McLaughlin to report on the Sheriffs investigation. Ms. McLaughlin read a summary of the business and the police activity for the two businesses in Orange County that the applicant owes. The Hearing Officer then asked the Planning Associate if the Planning Department had anything to say regarding the business or conditions. Ms. Wilkinson stated that the applicant needs to complete all Conditional Use Permit conditions within six months, which included the wall behind the business. Mr. MacGillivray stated that himself and Mr. Ruggles (current owner) have agreed to share the cost 50-50 for the wall and lighting and that these conditions will be started after approval by the city. The Hearing Officer asked the two witnesses to state their name and address for the record. Mrs. Jacqueline Evans, 9619 Steele Street. Mrs. Evans stated that she had a concern with the wall behind the business and the light on the roof of the business that shines into her house which is located behind this establishment. Mrs. Mary House, 9623 Steele Street. Mrs. House asked about the business staying opened till 2:00 a.m. and about the noise. Ms. McLaughlin stated that one of the CUP conditions was for the construction of the wall behind the business and that the light on the roof could be relocated and that the back door of the business will remain closed during the business hours, so noise should not be a problem. Ms. McLaughlin also stated that there would be security on the premises on Fridays and Saturdays. The Hearing Officer then stated that this item would be on the Council Meeting of April 11, 2000 for Council approval subject to the conditions of approval. The hearing was closed at 10:20 a.m. RESPECTIVELY SUBMITTED qa)tj J SAAVEDRA EXHIBIT "A" CONDITIONAL USE PERMIT 99-784 9628-32 E. Valley Boulevard CONDITIONS OF APPROVAL December 6, 1999 1. Approval of Conditional Use Permit 99-784 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that he/she is aware of and accepts all of the conditions set forth in the letter of approval and this list of conditions. 2. Conditional Use Permit 99-784 is approved for a period of six (6) months, at which time it shall be reviewed by the Planning Commission for an extension. The occupant shall file a request for an extension at least thirty (30) days before expiration with the Planning Department. 3. Conditional Use Permit 99-754 is for an on-sale alcohol (Type 47) license in conjunction with a bona fide restaurant from the California State Alcohol Beverage Control Board. All requirements and appropriate licenses of the California State Alcohol Beverage Control Board shall be complied with and maintained at all times. A copy of the current license shall be provided to the Planning Department prior to occupancy 4. A six-foot (6') high block wall shall be constructed along the south property line within six months from the date of this approval. 5. Adequate lighting shall be maintained in the parking area. Motion-activated lights shall be installed where deemed appropriate by the Director of Planning. All exterior lighting shall be directed away from adjacent properties and shielded on all sides. 6. Applicant shall eliminate parking spaces #1, 19, 20, 22, 23, 24, 25, 26, 27 and 28. 7. Paved areas located at the subject site shall receive a slung seal pavement application and those parking stalls allowed shall be restriped according Exhibit "B", Exhibit "D" and to City of Rosemead parking standards. This includes minimum standard parking stall dimensions of 9' wide by 20' long, a minimum of 25% compact parking stall coverage, minimum compact parking stall dimensions of S' wide by 16' long and double-striping of parking stalls.. Said improvement shall be completed within six (6) months from date of approval. S. New wheel stops must be placed between new parallel parking stalls located at front of subject property. See Exhibit "D" for details. Said improvement shall be completed within six (6) months from date of approval. 9. Applicant shall install four (4) 24" box trees at locations noted on Exhibit "D". Tree materials shall be approved by the Planning Department prior to installation. Trees should be left in decorative wood box structures to enhance western fapade theme. Trees shall be continually maintained and kept in pristine condition, including: regular irrigation, fertilization, pruning and pest abatement. Said improvement shall be completed within six (6) months from date of approval. 10. Existing landscape planters shall be relandscaped and maintained, including regular: irrigation; fertilization, gardening, weed and pest abatement. A landscape and irrigationplan shall be submitted and approved by the Plamring Department prior to installation. Said improvement shall be completed within six (6) months from date of approval. 1 1. Applicant shall replace existing trash enclosure door with one ofopaquc metal qualities and eliminate those trash bins and/or grease taps necessaryto accommodate all bins/traps within the existing trash enclosure OR build new masonry trash enGIOSUrC at southwest corner of property that is of the size and shape to accommodate all trash bins and grease traps on-site. New masonry trash enclosure would need to be provided with opaque metal door that can be latched closed. In addition, the construction of a new enclosure would require eliminating parking stall #7, demolishing the existing enclosure and replacing the appropriate number of parking stalls where the existing enclosure once stood. Said improvement shall be completed within six (6) months from date of approval. 12. Applicant shall repair the following items: broken light standard attached to front of building, slumping razor wire fence along west property line and defunct rain gutter that has detached from building along rear portion of building. 13. Applicant shall be compliance with the requirements of and maintain in good standing a City issued business license. 14. No alcohol is to be sold for off-site consumption. 15. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to: Monday through Sunday 6:00 am to 2:00 am. 16. Signs shall comply with Chapter 17.104 of the Rosemead Municipal Code. Specifically, signs shall not cover more than 15% of window area or 25% of wall areas. All signs must comply with Section 17.104.050 regarding identification of the business in English. 17. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4", contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Director. 15. All trash, rubbish and garbage receptacles shall be regularly cleaned, and inspected and maintained in a clean, safe and sanitary condition. All food and liquid waste shall be packaged to prevent leakage. 19. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 20. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 5.32.010, .020, .030 and .040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. 21. The site shall be maintained in a graffiti-free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24-11our, Graffiti Hotline can be called at (626) 307-0463 for assistance. 22. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 23. The applicant shall maintain signs which state that there shall be no consumption of alcoholic beverages on the premises. Said signs shall be posted on the wall outside of the business, to the satisfaction of the Planning Director. 24.. The parking area, including handicapped spaces, shall be paved and re-painted periodically to City standards .to the satisfaction of the Planning Department. 25. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage; furniture, etc.) from any electrical/tnechanical equipment and/or emergency exits. 26. Any changes to the conditions of operation listed in this Exhibit "A" most first be approved by the Planning Commission through a modification application. 27. Violation of the conditions of approval may result in citation and/or initiation of revocation proceedings.