Recommendation to refer to Hearing Officer the business license application denial appeal by JP23 Hospitality Company located at 110 East Broadway Avenue, Long Beach, CA  90802.  (District 1)
Thank you. With item eight, please. Report from Financial Man Financial Management Recommendation Refer to hearing officer the Business License Application Denial Appeal by JP 23, Hospitality Company located at 110 East Broadway Avenue, District one. Okay. Let's go to staff report, please. Good evening, Mayor and members of City Council. The Department of Financial Management determined it was appropriate as well as required per our duty given by the Long Beach Municipal Code to deny the business license for JP 23 Hospitality, Inc. The business owner followed the process afforded within the Long Beach Municipal Code to appeal. The action before you is for the City Council to consider whether to hear the entire case or refer it to a hearing officer also allowed within the Long Beach Municipal Code. It is staff's recommendation that you refer it to the hearing officer selected by the city clerk's office. And that concludes my report. Both myself and Deputy City Attorney Art Sanchez are available for questions. Thank you. We're going to go to public comment. We see 11 speakers, so we got to 90 seconds. So could Steven Tillet, Jacob Pusey, Carla Curtis, Melander come forward. I'll read the next few just so they can be ready. Samantha Perez. Anthony Hale. Eric Williams. Gurjit Badel. Michelle C, Jackie Cordova, Perla de and Zwei Roybal. So starting with Steven Tillett, you have. Four men, okay. Good evening. Members of the council. I would say, Mayor, but so why I'm here. My name is Stephen Killing. I'm the executive director of a nonprofit called Elad, which stands for Effort, Love, Action and Determination. I'm originally from New Jersey. Ten years ago, I met Mr. Keller. And ever since I've met this man. Things have changed. Not just for myself, but almost everybody around him. What he's able to do in a community. To help that community. Is who he is. Now, I know that you guys don't know him personally. And what he's entrusted me with as the executive director of a nonprofit is to be able to reach out to different communities. Sort of like a liaison. And I do this for him without pay. And I do this because Mr. Pools and Carlos, one of our biggest donors. With the caveat that we do work in the areas where he has businesses. So what we do is we come in and we attempt to make a relationship with all of you, with the police, with the Recreation Department, which we have reached out to a friend of mine. Her name is Ashley Gazette. I'm sure some of you probably know who she is, and she can vouch for the fact that months ago we reached out in order to try and help, because Eli's focus is the youth of the communities. We believe in helping the youth in the different communities. So with time running out, I'd just like to say, I don't know what your process is, but I do know who this man is. And I can tell you he is exactly the type of business owner that you want in your community. He is exactly the type of man that you want to have a business because he does ingratiate himself into the community. That's part of the family. Thank you. Thank you. Next is Jacob from DeKalb. Hi. Good afternoon, city mayor. Mayor Garcia. City Councilman. City Councilwoman. Thanks for giving me an opportunity to speak on behalf of the 70 employees of JP 23. My name is Jacob Carver. I am the founder of JP 23 Hospitality Company. Being born and raised in Montreal, Canada, it was always been my dream to open an entertainment venue in the city of Long Beach. Four years ago, that dream became one step closer. I saw potential in a rundown location that was closed for many years. Here I am for nearly four years later, surviving and trying to hold on to that dream. I spent nearly $3.5 million in that location, and many 18 hour days have passed. For the past four years, we in the restaurant industry, if you don't mind, or if my staff stand up all the 70, that's just a fraction of the people that work at JP 23. Now we at we probably endured one of the we probably one industries that were hit the worst during the pandemic. At what one point I was given, I was going to pull the plug on the whole project and I decided to go through with it. Now here I am confused why I was having difficulty entering delays and trying to get my business license first and then now the entertainment permit. This is an entertainment venue and I can't operate without an entertainment permit. Why? We were denied a temporary entertainment permit as the municipal code allows us to have. So now wait. Why? Okay. Hardworking people that include. Why are we going to the snap? How to stop a finger, get rid of all these jobs, of all these hardworking people that include single parents, students, all walks of life. Sir, your time has expired. I just ask for this hearing to be heard in front of city council instead of the public officer just to have a fair chance at us. Thank you. Thank you so much. Thank you. Curtis Millender. After. Curtis is Samantha Perez, then Anthony Hill. Curtis. Good evening, counsel. My name is Curtis Melander. Really quick. I met Jacob ten years ago. And Jeff, I know he's been a big factor in my family's life as well as mine. So I know all his employees and everybody else. He's a big service to everybody. So I just want to, you know, make sure to accept that we get a fair shot. So thank you. Thank you. Next to Samantha Perez and then Anthony Hill and then Eric Williams. I'm say Samantha, not here. Okay, Anthony Hill, you're up. Okay. Anthony Hill. Not here. Eric Williams. Hello. Good evening. I'm Eric Williams. I bring a lot of entertainment to JP 23, and I'm an artist myself. I've made records with Dr. Dre and everybody back in 87. So. That Dr. Dre shook night area that's overweight that's just in the past now that the puffy era the the the type of business the type of entertainment he's trying to bring is this clean rap, this clean R&B. And that's what we've been doing lately. You know, is is has been not one problem. And I've seen I don't been through the the ship ignite the death row era. I didn't seen all of it. But this guy JP 23 that the club is bringing clean entertainment and that's all I have been since I've been going up there. So just like the other guy say, I just want him to get his shot because I it's been it's been it's been okay since I've been seeing it. Thank you. Thank you. Next is Gurjit Ba Dal, then Michelle C, then Jackie Cordova. Good afternoon, City Council. My name is Gurjit. I'm actually a dear friend of Jacob. I've known him for about nine and a half, ten years. Also, just like you can tell, he's a very supportive friend. Also, I eventually started working with him. He helped me start a marketing company in the past year during COVID. I also had a hard time with COVID, with my personal business. I was a wedding photographer and that went under and Jacob supported me and helped me put me back on my feet. So I'm very grateful to him in that aspect. But over the last year and a half, working with him and seeing him, how he is with the staff, his family, you know, he is a very caring person, does care about his business, puts his all into it, is very transparent, who has his heart on his sleeve, knowing what's going on. I also like to say that, you know, we're a community and a lot happened in the past few years with COVID. We should look at supporting the businesses and businessmen, putting money into Long Beach if you know, there's some process that wasn't done the way that was supposed to or not. I know Jacob's done everything in his power to try to get the the licenses and whatnot. But, you know, as you can see, many businesses have gone under during COVID. I want to say that we are a community. We should help each other. And, you know, instead of trying to stop his business and operation, we should advise and let him know the right processes and what you guys would like us to do to help get this business back to the track that we're looking to. All we're trying to do is bring, you know, beautiful entertainment and a beautiful bar to the city of Long Beach. So I hope that you guys would give him a fair chance. Thank you. Thank you. Next as Michelle sees and Jackie Cordova and then pro. Hello, everyone. My name is Michelle Castillo. I am from the Hashemite Nation. I come representing my elders, my Hashemite elders, and also my tongva elders. Just a reminder that you are on Tongva land. And I'd like to acknowledge my ancestors. We are community. This. These women behind me. Our community. The men with us are true community. I am a land protector, a sacred site protector and ocean protector. And I stand with missing and murdered indigenous women. What's going on with JP 23? They made a mess in Orange County, California, in Fullerton. Rape people were drugged. People are getting beat up at that club and now they're coming into precious tongva land. Hashim Inland, the land of my ancestors. And the same mess that happened in Fullerton is going to happen in the city of Long Beach. And I'm just here again representing the elders of Long Beach and asking you to please deny their license. All my relations. Thank you. Next is Jackie Cordova, then Perla de Way, Red Ball. Thank you. Good evening, Community. I am Jackie Cordova. I am a mother of Santa Ana. I am here for our daughters. I'm here for the protection of our women and children. I am here as a voice for the missing and murdered indigenous women of this tongva nation. For several months, we have been standing up and raising attention to the 40 plus allegations of sexual assaults, drugging, kidnaping and rape stemming from JP 23 Urban Kitchen Restaurant Bar in Fullerton. Our latest protest was held at the Fullerton Police Department for their lack of safety concern for our safety. We stand with the victims. We believe them. We give them courage to come forward. April is Sexual Assault Awareness Month, an annual campaign to raise public awareness about sexual assault and educate communities and individuals and how to prevent sexual violence. We demand an end to rape culture. We came tonight to warn Long Beach about JP 23, hospitality company trying to establish business. We demand safety for our children, for our businesses and our communities. We urge you to fully investigate these applicants as they come forward. Thank you. Thank you. Next, this property. Good evening, Long Beach. My name is. Burleigh. I also am a mother in Santa Ana on August 2nd, 2021. Our news broke out that a 22 year. Old student. Was brutally raped. And left naked in. A parking structure down the street from JP 23. She had only been a JP 23 and didn't have that much to drink, so it was suspicious as to why she couldn't remember anything. I decided to pull up to the first rally that was outside. As a mother of a 25 year old young woman who has also been a victim of. Sexual assault. And a mother of a Navy veteran. I understand this kind of violence. So I'm here to warn Long Beach about what's about to break out if you allow this man to open business. 40 plus people have come forward, women that have had half a drink at his bar and not remembered where they have been. People that have walked into a room. Full with condoms and tampons and pads and. Undergarments. So I am pissed. But my anger is not just mine. My anger comes with 500 years of age. Thank you. Robert Gribble, our final speaker. Hello. My name is José Wrobel Castle. My traditional name is out there. We all wish we were. It means one that people know before they meet her. The reason I bring up my parents and my last name, my mother is Roy Rosemary Roybal. My father is Richard Dean Cassell. The reason I bring them up is because they met here in Long Beach many, many years ago. I'm here to stand together and in support of the 40 women. Are survivors. I'm a mother. I'm a daughter. I'm a big advocate for my w. I have a tattoo on the side of my head to let women know that I am a safe place for them. And so I am standing here for that reason tonight to use my voice as an entertainer. As an entertainer, as a mother, as a daughter, as a sister, as an ex-wife. And as a grandmother, I stand in support of these women. And I ask you to please reconsider this, because if this has happened in Fullerton, I can guarantee that it will probably happen here as well. And we don't need bad business like that, especially if I'm going to show up in the entertainment business and accidentally bump elbows with folks like that. It's not a good idea. So I ask you, on behalf of the women that have survived this and other women that haven't come forward to please stop the madness and google my w if you guys want to know what it is. Stands for murdered missing indigenous women. And it also covers our children and our men. Thank you, Councilwoman Zendejas. My name's Samantha. Perez. Sorry, I was. Do I still have time to talk? Were you seen around? Okay. Yeah. Okay. I think you're on the list. Yeah, I'm definitely on the list. Go for it. Okay. So my name is Samantha Perez. I'd like to. Just give a. Little quick background. I started working at JP 23 in Fullerton. I just want. To you know, I'm a woman. I'm also a mother. I started working at JP 23 in Fullerton when I was 21. He gave me an opportunity. I was a college student. I worked there for probably about four years. I paid my way through college working there. And no. Debt, which is always nice and flash forward to graduating going into a different sort of industry. Human Resources. I now came back to work for JP 23 because this is a family owned establishment and it's unfortunate. I worked at other bars in Fullerton and it's unfortunate that this happens in college towns, but it has nothing to do with Jacob as a person. It has absolutely nothing to do with our bar. We employ 60% of women. He makes sure every night that we're getting walked to our car by bouncers. I it's okay. I don't want anyone to assume anything based off. Of what you've. Heard, because I am a woman and I have a child, and it has absolutely nothing to do with that. It has everything to do with the city and the way that all of the bars are necessary. If I would have anything to do with the bars, it has in my opinion, it's unfortunate that college towns that this happens, but that somebody who's just a really terrible person and has horrible morals that is going to take advantage. Of all women. We do our best as a woman. I've done my best to make sure that all of the women in our establishment are safe. So I won't tolerate that. This is my main goal. Even in Long Beach. I do want smart and sorry I'm a woman. I'm going to make sure that, you know, all the women stay safe. Leaving are that woman. Thank you. Thank you. All right. Thank you very much. Councilwoman Zendaya's, you have the floor. Thank you. My smear. Obviously, I am not in the business of denying, you know, business license to people. You know, one of the things I pride myself in is to uplift our businesses that are in existence. I want to thank everybody who who came out to to do their public comments. I really appreciate that. But I really would like to ask city staff if you could just go step by step on telling us or identifying why this business was denied. And also, if you could also clarify what this is for today. Today we are we are making a decision whether to refer this to a hearing officer. And if you could please, you know, reiterated in your words, please. Council member. Yes. This evening. The item before you this evening is to refer recommendation of staff is to refer the item to a hearing officer to hear the item. The denial of the business license. If council chooses to do that, then it would be sent to a hearing officer to be heard. A decision would be rendered by the hearing officer which could or could not come back to council, depending on whether it's appealed by either the applicant. So that's what's before the city tonight. If the city were to choose not to send to a hearing officer and and hear it as a council body, you could do that. But that would not happen this evening. It would be rescheduled at a future date. Thank you. Can you give us I know you can't give us too much information, but can you give us what has led to this decision to deny the license? Oh. Or is that part of because it's not part of what we're talking about in the item tonight. So Councilwoman, to answer your question, the I guess basis for the denial of the business license application for GP 23 Hospitality Company was based on violations of the municipal code and I don't want to get too specific, but operating without permits issued to the city I guess is at best basic, as I can put it. Thank you. Thank you, Councilman Allen. Yes. Thank you, vice mayor. I just think tonight's item is pretty simple. It's just a referral to the business appeal to a city hearing officer who will then make the recommendation to the city council. All right, that's that's the way I'm seeing this. This location, JP 23, was in my district before redistricting, and I also live very close to JP 23. And I know that we have received well over 100 emails regarding this this location. And it's a lot. It was a lot. So I know that District one is now handling that regarding, you know, just just different various complaints, which are is concerning and also the fact that, you know, I'm a big supporter of businesses. There's no one that's a bigger supporter than me. And but, you know, there are rules that have to be followed. Everyone should be abide by the rules. And having proper permits and and things like that are seemed like pretty easy to do and all the businesses I've owned in the city. So I don't know why this this operator hasn't done that, but nevertheless, I think it's going to be I look forward to hearing seeing the recommendation from the city's hearing officer. And I also appreciate everyone that spoke tonight to. Thank you. And if I could just clarify that it would be sent to a hearing officer. The clerk maintains a list of independent hearing officers, and it's selected randomly. So it's not a city employee who's a hearing officer just for the public. It is a hearing officer that is selected to hear the matter and then would render a decision. Thank you for that clarification. Thank you, Councilman Austin. Thank you. I was away when this item was was presented in the restroom, but I wanted to just just get a sense of what the process is. So to go to an independent hearing officer, the hearing officer will make their recommendations. Will it come back to the city council? Thank you. Councilmember The answer is it could come back to the hearing, to the if it's appealed, if the decision of the hearing officers appealed, then it would come back to the city council. Okay. And maybe I just need a little bit more because, you know, I've been downtown. I've seen this business obviously operating for for some time now, a few months. And, you know, I do respect the the investment that anybody puts into our city. I want to want to kind of I don't know if we need to do that tonight, but at some point kind of walk through, you know, how somebody can can invest as much money as they have and then get to this point right. Where the city is potentially. So just just briefly. Councilman Aspen, I just wanted to clarify. So what is before you tonight is decision whether or not to refer this matter to a hearing officer. Ultimately, the city council is the trier of fact in this situation and in its referral of the hearing to a hearing officer. That hearing officer will conduct the hearing. They were rendered decision, I believe it's 15 days following the termination of the hearing. That decision will be put on council's agenda and counsel will have an opportunity to review the findings of the hearing officer and its decision and make its own decision based on its review at that time. So I just want to make sure that's clear regarding the business and the amounts that have been expended and all and and the councilman's point about, you know, how would you get this situation? I don't want to get into the specifics of that because I think it does go to the merits of the matter that is being appealed by the business. Thank you. Okay. So we've heard from city staff the recommendations in front of us is to begin the process by sending it to the hearing officer. Whatever that decision is, can be appealed back to the city council. So there's still due process here. My I encourage the operator through this process, be a good neighbor, build goodwill, get in front of the community and help build support to help make your case here. Because I think there's a lot to be said about investment here, but quality of life is incredibly important. Members, please cast your vote. Motion is carried. Nine zero. Thank you. 11.