Recommendation to receive the application of Norma Mora de Perez, dba Brite Spot Coffee Shop, for an original Alcoholic Beverage Control (ABC) License, at 412 West Pacific Coast Highway, and submit a Public Notice of Protest to ABC on the bases of high crime in the reporting district, residences within 100 feet of the establishment, and a school within 600 feet of the establishment.  (District 1)
So Councilmember Richardson moved and Councilmember Austin seconded. So any member of the public that wish to address council on item 26. Seeing members cast your vote. All those in favor. Any opposed? Thank you. Next item is a 26. Item 27 report from police recommendation to receive the application of Bright Spot coffee shop for an original ABC license at 412 West Pacific Coast Highway and submit a public notice of protest to ABC on the basis of high crime residences with one within 100 feet and a school within 600 feet of the establishment. District one. So, Councilmember Gonzales, would you like to make the motion? Yes, I would like. And then Councilman Austin second. Sure. Thank you. And I'd like to ask our police officer for a staffer. That'd be Commander Rudy. Clemenza. Commander, thank you. Good evening, Honorable Vice Mayor, City Council. Item 27 is an application for an original on seal, beer and wine. ABC License for a restaurant. The police department has conducted their investigation and recommend that a public notice of protests be submitted to ABC for the issuance of this license. A license to sell beer and wine would create a potentially adverse impact to the neighborhood and the surrounding area. The basis for our recommendation of the high crime statistics in the reporting district residents is within 100 feet of the establishment. Any school within 600 feet. Furthermore, this location previously held an ABC license, which was ultimately suspended and later revoked as a result of numerous violations and violent crimes at the location in 2009. The owner applied for an ABC license in both 2010 and 2013, and the City Council protested the applications on both occasions and the application was denied. That concludes my report, and I'm available for any questions you might have. Okay. Thank you, Commander. And I understand at this point in the thoroughness and understanding the lay of the land with this area, it seems as though the reported crimes are at a 243. Can you describe that a bit? Because I'm showing here reported crimes in this district for ABC purposes are 243. Crime in a reporting district must be at least 140 to qualify. For a. High crime protest. So I'm assuming it's because of all of the high calls for service. As well as the past issues that have occurred. Is that correct? That's correct. Bright Spot is located in what we call reporting District 111, and that encompasses Pacific Coast Highway to 15th Street and Magnolia to Pacific. Our evaluation regarding calls for service during the investigation period of May 25th, 2015 to May 25, 2006 included two batteries. Based on the calls, both occurred in the parking lot and appeared to be prostitution related deals. In each call, the victim was hit with either a beer can or a beer bottle. There was one additional dispute, essentially a customer complaining about his order and then one unwelcome call, which involved a person under the influence of drugs inside the establishment, refusing to leave the location. Okay. Thank you. And I have no further questions at this point, but I do support the recommendation because I feel as though this is an area that certainly has high crime just in general. But I also think that this is an area that we're trying to progress and get better. I also understand that there's a high school in the area, educational partnerships, high school, as well as a single family residence in that area. So I think that this would just only exasperate the issue at this point. And so I do follow your recommendation. Thank you. Thank you, Councilman Austin. Support. Thank you. So any member of the public that wishes to address the Council on item 27, please come forward. Good evening. Good evening. Vice mayor and city councilman. My name is Carlos Gutierrez. I represent the owners of Bright Spot Cafe. Before I start. With all due respect, I don't want to appear contentious. Or adversarial. I'm here to try to compromise or reach some kind of settlement. But before I do, I'm instructed by an attorney. By attorney to. With all due respect to these proceedings. Keep in mind that. We don't believe this is the correct forum. That the city has granted a conditional use permit exemption. We've gone to them and say we want to sell beer, but they said you need a conditional use exemption. Here it is. We paid for it. We qualified for it. You gave it to us. And now. In the process of the ABC proceedings the city is contemplating. Protesting the license. I think that's a little contradictory. Contradictory. And the ultimate question will be, or is, does the city of Long Beach support small business owners? In addressing. So we will address the issues that have the issues that the police have have brought up are. Three. One is that the the. The premise is that a high crime district. We have asked the Department of Alcoholic Beverage Control, the ABC, if that is their opinion as well. They haven't replied to us. Normally when I handle these transactions, these applications immediately. Does the ABC say you're in a high crime area? Are you aware that that has not happened yet? And that's with all due respect to the police. Secondly. When objections I'm sorry. When protests come from the general public with these types of objections and protest, we can handle them even though they have some merit. There are burdens that we can overcome very easily. For example, if there's a resident was at 100 feet, the owners. Have. Or willing to put policies in place that will prohibit the operation in interfering with the quiet enjoyment of the neighbors own property. That. Declaration. Those policies are always accepted by the ABC. Similarly with the. School. The school is allowed to protest. Usually what happens is if the school doesn't protest, then the license is granted. Like I said before, we're willing to put in a lot of conditions in place. And when the licenses issues with continuances, we were amicable to that. Thank you for having us. Thank you. So anyone else that wishes to speak, please come forward. State your name. Good evening. My name is Magdalena, and I don't know too much about laws or regulations, but I know that I've been a customer of Bright Spot for the past 20 years. And with all due respect to all the restaurants in Long Beach is one of my favorites. And I know the owners, current owners, because it used to be owned by somebody else, they used to be employees there. And the hardworking people, in my personal opinion, they put their daughter through college. So Long Beach State University, and I think personally they deserve a chance to run a legit business, even though, like you have mentioned , it's a crime area. And I agree. But there's not only the restaurants motels around, it's I don't think the bright spot is responsible for all the crime, but I do believe that they do deserve the chance to run a legit business like everyone else in Long Beach. That's it. Thank you. Thank you. Next speaker, please. Hi. My name is Crystal. I'm just speaking on behalf of myself and my family who's sitting up there and standing here. Bright Spot is, is a location that we, we enjoy going to, um, we consider like a family location to go to and enjoy. I don't think that giving them the right to sell alcohol would have a huge impact on general high crime area. Um, I think if people were looking to overindulge in alcohol, they would choose other locations. For example, the pit stop bar that's on the corner of Magnolia and PCH or going to Eddie's liquor. That's two blocks down. I think it's more like. The opportunity to drink, enjoy beer and relax after a long day and whatnot. So it and the owners we've known for a really long time, we've known them before they owned the restaurant and they really are good people. And I think that it's intervening with their business. And I don't think that that. Is something that they should have to pay for just because it is a high crime area. I think. Thank you. Anyone else. Okay. Councilman Gonzalez. I just want to thank all the speakers I know for being patient. I know it has been a while for you to come speak, but I want to say that, you know, we certainly want to support small business in any fashion form, etc.. But I think there's a difference between being a high crime area and then also having crime happen on your premises, which is has happened before. And so what we can do, I mean, what we've done before with other businesses is we've helped them look at ways to change that kind of situation going on, whether it's, you know , security cameras, better lighting, you know, more communication with the city council and with, of course, the police department would be happy to coordinate that. So that way you can get to a point as well as just the surrounding community getting better. So we can get to a point where we can say, yes, we can offer beer and wine at this location. I just don't think right now is the best time. So, you know, we'll certainly stay committed to keeping in contact with you to ensure that we hopefully can get to a point where we can say yes. But at this point, I will have to support, again, our police recommendation. Thank you. Thank you. There's been a motion and a second. Members, please cast your vote. Would you like a voice vote? Yes. All those in favor say i. I. Any opposed? Motion carries. Next item, please.