HomeMy WebLinkAbout20190507_Operator License Ap 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:
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).
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: ___________________
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Newport Beach, County of Orange, State of California, described as follows:
PARCEL 1:
THE SOUTHWESTERLY 280.53 FEET OF THE NORTHWESTERLY 50 FEET (SAID 50 FEET BEING
MEASURED ALONG STATE HIGHWAY) OF THAT PORTION OF LOT F OF TRACT NO. 919, AS PER MAP
RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT AT THE MOST WESTERLY
CORNER OF THAT PORTION OF SAID LOT CONVEYED TO M. M. GALBRETH BY DEED RECORDED JUNE
23, 1937 IN BOOK 290, PAGE 281 OF OFFICIAL RECORDS, SAID POINT BEING IN A LINE WHICH IS
PARALLEL WITH AND 110 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM TH E
SOUTHEASTERLY LINE OF SAID LOT; THENCE FROM SAID POINT OF BEGINNING NORTH 28 DEG. 59'
30" EAST ALONG SAID PARALLEL LINE TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF
SAID LOT; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE OF SAID LOT, 94.35 FEET
TO THE MOST EASTERLY CORNER OF THAT PORTION OF SAID LOT CONVEYED TO J. H. GORDEN AND
WIFE BY DEED RECORDED AUGUST 16, 1939 IN BOOK 1011, PAGE 61 OF OFFICIAL RECORDS; THENCE
SOUTH 28 DEG. 59' 30" WEST ALONG THE SOUTHEASTERLY LINE OF SAID PORTION OF SAID LOT
CONVEYED BY SAID LAST MENTIONED DEED TO AN INTERSECTION WITH THE SOUTHWESTERLY LINE
OF SAID LOT, AND THENCE SOUTH 61 DEG. 00' 30" EAST ALONG SAID LAST MENTIONED LINE OF SAID
LOT, 94.15 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR INGRESS AND EGRESS OVER, ON AND ACROSS THE FOLLOWING DESCRIBED REAL
PROPERTY, DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT F, OF TRACT NO. 919, DESCRIBED AS FOLLOWS: SHOWN ON A MAP
RECORDED IN BOOK 29, PAGES 31 TO 34 INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT "F", DISTANT THEREFROM 130
FEET NORTHEASTERLY FROM THE NORTHERLY LINE OF THE STATE HIGHWAY, AS GRANTED TO THE
STATE OF CALIFORNIA BY DEED RECORDED JULY 12, 1929, IN BOOK 311, PAGE 170 OF OFFICIAL
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, AND RUNNING
THENCE NORTH 61 DEG. 00' 30" WEST 154.15 FEET TO THE SOUTHEASTERLY LINE OF THE LAND
DESCRIBED IN THE DEED FROM W. T. JEFFERSON TO ANDRE J. DUROCHER AND WIFE, DATED APRIL
18, 1945, RECORDED JULY 2, 1945 IN BOOK 1321, PAGE 17 OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA; THENCE NORTH 28 DEG. 59' 30" EAST ALONG SAID SOUTHEASTERLY LINE, 30
FEET; THENCE SOUTH 61 DEG. 00' 30" EAST 154.15 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT
"F"; THENCE SOUTH 28 DEG. 59' 30" WEST 30 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT
"F", TO THE POINT OF BEGINNING.
APN: 049-110-19
EXHIBIT B
2902 West Coast Highway Restaurant at
Security Plan
The Garden Restaurant (“Restaurant”), located at 2902 West Coast Highway, Newport Beach, CA
92663, within “The Garden” center, will operate consistent with the following operations and Security
Plan outlined below.
Restaurant Operations Summary
The Restaurant, which would serve both food and alcohol, is proposed to open at 10:00 AM – 2:00 AM,
Monday-Thursday, and 9:00 AM – 2:00 AM, Friday-Sunday, and will provide continual food service
(breakfast, lunch, dinner, after-dinner) until closing.
The Restaurant will provide alcohol service to its patrons who are legally able to purchase and consume
alcohol, consistent with all Security Plan procedures and standards. The Restaurant will obtain a Type
47, On-Sale General – Eating Place, license from the California Department of Alcoholic Beverage
Control. The Type 47 license authorizes the sale of beer, wine and distilled spirits for consumption on
the licenses premises in conjunction with a bona fide eating place.
The Restaurant will not have any live entertainment or dancing. There may be limited special events,
but all special events would adhere to the maximum occupancy limitations, operations and security
protocols, and would not include live entertainment or dancing. Therefore, special events would
function similarly to normal operations.
Security Plan
January 2019
Mobilitie Security
Security Supervisor: Luis Mercado
949-220-4496
Security Personnel
The Restaurant will utilize The Garden’s private security that will provide a minimum of two (2)
security personnel with specific training and experience related to the client’s business (“Security
Personnel”). The Garden’s Security Personnel will have appropriate state licensing and training
consistent with the requirements of the California Bureau of Security and Investigative Services. The
Restaurant or its management staff will have the authority to request a change in Security Personnel at
its sole discretion. The Security Personnel will not be armed with any type of weapons.
2902 West Coast Highway Restaurant at
Restaurant Security Operations
All Security Personnel will adhere to all standing orders, policies and procedures outlined by the
Restaurant, such as general liability protocol and any activity or behavior deemed inappropriate,
disruptive or unsafe. The Restaurant believes that physical security is a major part of the work in this
modern environment and integral to ensuring the safety, security, and enjoyment of all patrons. To
ensure security operations are appropriate for the Restaurant, the Security Provider will provide a
professional evaluation of the establishment/property technical security posture, which will consist of a
thorough visual and physical examination in and around the surveyed location, as defined in this plan.
Control & Clearance of Parking Lot
Restaurant shall conspicuously post in its parking lot signage stating the following:
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 fine. 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.
Security Personnel will also periodically monitor the parking area to ensure that no trespassing and/or
loitering is occurring.
No patrons will be permitted to exit the Restaurant area with any alcoholic beverages.
Aggressive Guests
All Security Personnel will be familiar with the provisions of California Penal Code Section 415. When
a patron acts in a manner that is violent, abusive, indecent, profane, boisterous, or otherwise disorderly,
Restaurant management will be notified immediately and the patron will be asked to refrain from the
aggressive behavior. If the patron continues to act aggressively, the patron will be asked to leave by
Security Personnel. If the patron refuses and continues to act aggressively, Restaurant management
will notify appropriate law enforcement.
Intoxicated Patrons
The Restaurant, its agents, and employees, may not sell, dispense, or give away alcohol to any person
who is intoxicated nor shall such any intoxicated person be permitted on the premises. If a server or
employee believes that any patron is intoxicated, he or she must notify management and cease serving
alcoholic beverages to the intoxicated patron. Management will support the server’s decision to
terminate service to any customer. All other employees, aside from cooking staff or back of house staff,
shall be notified not to serve the intoxicated patron alcohol. If a customer is too impaired to drive
2902 West Coast Highway Restaurant at
safely, management will try to persuade the customer not to drive and arrange for a safe ride. If the
customer refuses, management will notify the Newport Beach Police Department with a description of
the person and license plate number of the vehicle, if possible.
All services staff members that may serve alcohol to patrons must be certified through the California
Department of Alcoholic Beverage Control’s Licensee Education on Alcohol and Drugs (L.E.A.D.)
program.
Patrons Presenting False IDs
All identification cards (“ID”) used to prove age must be valid (i.e., may not be expired), and must be
government-issued. If the identification card is expired or appears at all questionable to the employee,
the employee shall request a second form of identification. When checking a government-issued ID,
employees must inspect the following information: (1) photograph of the bearer, (2) signature, (3)
height, (4) date of birth, (5) expiration date, and (6) watermark. The employee shall make sure that the
individual purchasing the liquor resembles the picture on the ID and follow the identification-checking
techniques identified above. All employees are encouraged to ask purchasers questions relating to their
identification in order to verify the information.
If the employee checking an ID has a strong suspicion that an ID is false, altered, or belongs to
someone other than the person presenting the ID, he/she shall confiscate the ID and turn it over to
management, to be presented to the police. Alcohol may not be served to any individual suspected of
possessing a fake ID.
Control/Supervision of Patrons Under 21 Years of Age
To prevent the sale of alcohol to a minor, the Restaurant will follow the industry standard to request
proof of age from any customer who appears to be 35 years of age or younger, and will refuse service
to any customer who cannot produce adequate ID. An ID will be requested for each person receiving
an alcoholic beverage. To further ensure that persons under the age of 21 do not consume alcohol at the
Restaurant, all alcoholic beverages will be served in distinctive glassware to differentiate from
glassware containing non-alcoholic beverages.
All Restaurant employees, as well as Security Personnel, will continually monitor patrons to ensure that
no underage persons are consuming alcoholic beverages. If any underage person is caught with an
alcoholic beverage, management must be notified immediately and management must verify the guest’s
age. If it is determined that the guest is underage, management must take the drink from the guest and
notify all service employees that the individual is underage.
Circumstances Under Which the Police Will Be Called
Management will call police, in a timely manner, any time management or staff has information to
believe a crime has been or is about to be committed and/or whenever a threat of or act of violence
occurs on the premises or off premises in areas that would be considered in view or earshot of the
establishment. Restaurant staff shall complete an incident report and make it available to the Newport
Beach Police Department, after being reviewed by management.
2902 West Coast Highway Restaurant at
Handling of Physical Disturbances, Including Fights
Security Personnel or management will ask anyone who is fighting to leave. If necessary, Security
Personnel or management will call the local law enforcement agency for assistance. The Restaurant will
permanently refuse admittance to any chronic problem customer.
2902 West Coast Highway Restaurant at
First Floor security station
2902 West Coast Highway Restaurant at
Second Floor Security Station
322434458.1
EXHIBIT C
2902 West Coast Highway Restaurant
Project Setting
The Project Site is bordered by West Coast Highway to the south, existing commercial
buildings to the north and northeast, the China Palace restaurant to the east, Enterprise Car
Rental to the west, and the U.S. Post Office to the northwest. The Project Site is located more
than 320 feet from the nearest residential structure. The Project Site is located on the inland side
of West Coast Highway and is separated from Newport Harbor by West Coast Highway and
private property currently occupied by multi-story commercial buildings.
The Project is consistent with the City’s General Plan, Coastal Land Use Plan, and
zoning, which permit development of properties fronting on West Coast Highway with
freestanding commercial uses, including food service uses with alcohol service. The General
Plan, for instance, notes that the Mariners’ Mile area presents an opportunity for reuse of
underperforming properties for visitor-serving uses. (General Plan Policies LU 3.3 and LU
6.19.4.) The proposed Project would be consistent with the City’s vision for Mariners’ Mile by
providing additional visitor-serving and neighborhood serving uses in this area which facilitates
and increases public access to the coastal zone.
The Project is within Reporting District 25, which has a higher crime rate than the
citywide average, but less than other adjacent reporting districts with a similar mix of
commercial (i.e., restaurants) and residential uses. The average rates are attributable to the
concentration of commercial and visitor-serving uses, such as auto dealerships, hotels, and
restaurants in the Mariners’ Mile area, as compared to other areas of the City. The Project
would introduce a use that is consistent with those existing in the Mariners’ Mile area, and would
operate consistent with the requirements of the CUP, as well as the Operator License and any
conditions contained therein. Unlike some of the other existing restaurants in the area, the
restaurant is proposed as a fine dining establishment, thoughtfully designed to offer patrons a
variety of options to suit the occasion, such as communal or more intimate seating options. The
design also incorporates an inside courtyard with trees and other greenspace elements, as well as
the outdoor terrace that allows patrons to enjoy food and/or drinks under the stars.
There are other food and alcohol service establishments within the vicinity of the Project
which is the City’s intended goal for Mariners’ Mile, which has traditionally and continues to be
planned for visitor-serving uses, such as retail, restaurant and overnight accommodations.
Mariners’ Mile is a popular tourist and resident destination, and restaurants with alcohol service
are anticipated amenities. The Project’s proposed hours of operation are consistent with nearby
restaurants with outdoor service areas. Also, the Project’s proposed alcohol sales is accessory to,
and consistent with, the restaurant use. The floor plan, hours of operation, and operational
characteristics of the proposed restaurant, including alcoholic beverages sales, are typical of
restaurants operating in destination areas of the City.
323521418.2