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NEWPORT BEACH POLICE DEPARTMENT
+tip DETECTIVE DIVISION
43
MEMORANDUM
TO: Ben Zdeba, Associate Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: October 1, 2019
SUBJECT: II Farro Caffe and Restaurant
111 21 st Place
PA2019-162
At your request, the Police Department has reviewed the project application for II Farro Caffe
and Restaurant located at 111 21st Place, Newport Beach. Per the project description, the
applicant is seeking to amend their Conditional Use Permit (CUP) to modify several current
conditions and allow for live entertainment. Should this project be approved, an Operator License
will be required.
Statistical Data and Public Convenience or Necessity
Attached is a summary report compiled by Newport Beach Police Department (NBPD) Crime
Analyst, Kristi Kondo, which provides detailed statistical information related to alcohol
establishments and calls for service in and around the applicant's current place of business at
111 21 st Place.
Crime Statistics:
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 15 which
stretches from 20th Street to 37th Street along the Newport Beach Peninsula.
Per Business and Professions Code §23958.4, the Police Department is required to report
offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft,
and motor vehicle theft(all Part I crimes), combined with all arrests for other crimes, both felonies
and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control
(ABC). These figures make up the "Crime Count" which is indicated on the attached statistical
data form.
RD 15 is our highest crime area in Newport Beach with significant quality-of-life concerns for the
residents, as well as the Police Department. This reporting district is reported to ABC as a high
crime area as compared to other reporting districts in the City. The RD's Crime Count is 706,
408% over the City-wide crime count average of 134. Since this area has a 20% greater number
of reported crimes than the average number of reported crimes as determined from all crime
reporting districts within the City, the area is found to have undue concentration. In comparison,
neighboring RD 13 (8th Street to 20th Street) is 94% above the City-wide average, RD 12 (B
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Street to 8th Street) is 19% below the City-wide average and RD 16 (37th Street to 54th Street).
Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas.
The highest volume crime in this area is simple assault, which may be indicative of an
overconsumption of alcohol. 37% of the arrests were for public intoxication, DUI, or liquor law
violations. The highest volume arrest in the area is Public Intoxication.
Alcohol License Statistics:
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 5,726 residents with 77 active retail licenses. That is a per capita ratio
of 1 license for every 74 residents. Per the Business and Professions code, we must compare
this per capita ratio to Orange County's on-sale per capita ratio of 1 license for every 507
residents. Since the area's ratio exceeds the ratio of retail licenses to population in the county,
the area is deemed to have an undue concentration of alcohol licenses.
Discussion and Recommendations
The primary concern with this application is the establishment's location and the potential
impacts to the community. There are 22 ABC Establishments within the McFadden Square area
from the Pier to 23Id Street. This particular area of RD 15 is significantly over saturated with ABC
establishments. Each weekend, several officers must post in the McFadden Square parking lot
at bar closing to monitor the intoxicated individuals that exit the restaurants and bars.
Should this project be approved, an Operator License will be required. The Police Department
has received an application for Operator License however the required Security Plan was not
yet submitted.
The applicant has made several requests within the application to modify the alcohol license.
The applicant's alcohol license has no conditions. The applicant currently holds two Alcoholic
Beverage Control (ABC) licenses: a Type 47 On-Sale General Eating Place and a Type 58
Caterer Permit. The Type 47 License authorizes the sale of beer and wine for consumption off
the licensed premises, it does not authorize internet sales.
The applicant's current hours of operation are: 11:00 a.m.to 1:30 a.m. May through August
and 11:00 a.m. to 12:30 a.m. September through April. The application requests to modify
the hours of operation to the following: 6:00 a.m. to 11:00 p.m. Monday through Friday,
and 6:00 a.m. to 12:30 p.m., Saturday and Sunday. The Police Department has no
objections to this request.
• The applicant requests to modify the use permit to allow happy hour pricing. The Police
Department objects to this request after 9:00 p.m., daily. Otherwise the Police Department
has no objections to an earlier happy hour.
• The applicant requests to "upgrade the establishment's service bar". The Police
Department cannot make a determination on this request with the supplied information.
• The applicant is requesting to sell wine and spirits for consumption off the premises, at the
premises and online. The Police Department does not object to the sales of wine or spirits
online. We do not object to off-sales of wine from the premises. However, the Police
Department does object to any off-sales of spirits from the premises. No retail display of
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alcohol shall be within the public areas of the restaurant. The applicant would need to
acquire a Type 21 "Store Front" liquor license which would authorize online sales from this
location.
• The applicant is requesting to allow live entertainment from 11:00 a.m. to 11:00 p.m. daily.
The Police objects to amplified music in the establishment. We do not object to acoustic
live entertainment.
RECOMMENDED CONDITIONS OF APPROVAL
Should the project be approved, the Police Department requests the following conditions be
evaluated for this use permit.
1. The approval is for an eating and drinking establishment with on-sale alcoholic beverage
service. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be Type 47 (On-Sale General — Eating Place), Type 58 (Caterer)
and Type 21 (Storefront Sales) licenses in conjunction with the restaurant as the principal
use of the facility.
2. The applicant shall comply with all federal, state, and local laws, and all conditions of the
Alcoholic Beverage License. Material violation of any of those laws or conditions in
connection with the use is a violation and may be cause for revocation of the use permit.
3. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages within 60 days of hire. This training must be updated every 3
years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of
approval. Records of each owner's manager's and employee's successful completion of
the required certified training program shall be maintained on the premises and shall be
presented upon request by a representative of the City of Newport Beach.
4. The quarterly gross sales of on-sale alcoholic beverages shall not exceed the gross sales
of food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
5. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
. Full menu food service shall be available for ordering at all times that the restaurant
establishment is open for business.
7. Food sales from the walk-up service windows shall be prohibited after restaurant closing.
8. Alcoholic beverage sales from the walk-up service windows shall be prohibited.
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9 There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the
exterior shall constitute a violation of this condition.
10. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
11. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
12. Dancing is prohibited.
13. Strict adherence to maximum occupancy limits is required.
14. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
15. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter, and debris from the
premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
16. "VIP" passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the sale of
drinks is prohibited (excluding charges for prix fixe meals).
17. A Special Events Permit is required for any event or promotional activity outside the normal
operational characteristics of the approved use, as conditioned, or that would attract large
crowds, involve the sale of alcoholic beverages, include any form of onsite media
broadcast, or any other activities as specified in the Newport Beach Municipal Code to
require such permits.
18. The applicant shall maintain a security recording system with a 30-day retention and make
those recordings available to police upon request.
19. An Operator License is required pursuant to Chapter 5.25 of the Municipal Code, may be
subject to additional and/or more restrictive conditions such as a security plan to regulate
and control potential late-hour nuisances associated with the operation of the
establishment.
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If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Jo. at ( 49)644-3705 or wjoe@nbpd.org.
W
)ndy Jo
Potrce-Civilian Investigator, Special Investigations Unit
Randy Parker
Detective Sergeant, Special Investigations Unit
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