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Home My WebLink AboutPA2019-238 PD PRR ReturnedNEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION MEMORANDUM TO: David Lee, Assistant Planner FROM: Wendy Joe, Police Civilian Investigator DATE: January 29, 2020 SUBJECT: 501 Park Ave Bistro 501 Park Avenue PA2019-238 At your request, the Police Department has reviewed the project application for 501 Park Ave Bistro, located at 501 Park Avenue, Newport Beach. The applicant is seeking a Conditional Use Permit to change the Alcoholic Beverage License and change the operating hours. There are no late hours. 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 501 Park Ave Bistro. 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) 42 which covers Balboa Island. 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. Reporting District 42 is reported to ABC as a low crime area as compared to other reporting districts in the City. The RD’s Crime Count is 93, 33% under the City-wide crime count average of 134. Since this area has does not have 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 not found to have undue concentration. Neighboring RDs have similar crime counts: RD 43 is 70% below the City-wide average, RD 41 is 19% over the City-wide average and RD 12 is 19% below. Of 38 reporting districts in Newport Beach, we reported 12 to ABC as high crime areas. DUI, Public Intoxication, and liquor law violations make up 29% of arrests in this reporting district. In real numbers, 9 of 31 arrests were for DUI or Public Intoxication. In comparison, the figure for neighboring RD 43 is 33%, RD 41 is 26% and RD 12 is 40%. Alcohol License Statistics: The applicant premise is located within census tract 630.06. This census tract has an approximate population of 2,831 residents with 13 active retail licenses. That is a per capita ratio of 1 license for every 218 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 467 residents. Since the area’s ratio does not exceed the ratio of retail licenses to population in the county, the area is not deemed to have an undue concentration of alcohol licenses. Discussion and Recommendations The applicant’s current hours of operation are: 7:00 a.m. to 9:00 p.m., daily. The application requests to modify the hours of operation to 7:00 a.m. to 10:00 p.m., daily. The Police Department has no concerns with the extra nighttime hour interior and patio. The 10:00 p.m. patio closing is commensurate with other approved restaurants with adjacent neighbors. The applicant currently holds a Type 41 Beer and Wine Alcoholic Beverage Control (ABC) License. The applicant is seeking to add spirits and operate with a Type 47 On-Sale General ABC License which will change the characteristics of the business operation. The Police Department has no objection to this request given that the area does not have undue concentration and there are no late hours. RECOMMENDED CONDITIONS OF APPROVAL Should the project be approved, the Police Department requests the following conditions be evaluated for this use permit. 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). 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. 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. 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. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. The full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 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. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. Live entertainment and dancing is prohibited. Strict adherence to maximum occupancy limits is required. 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. 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. “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). 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. The applicant shall maintain a security recording system with a 30-day retention and make those recordings available to police upon request. If you have any questions as to the content of this memorandum, please contact Investigator Wendy Joe at (949)644-3705 or wjoe@nbpd.org. Wendy Joe Police Civilian Investigator, Special Investigations Unit Randy Parker Detective Sergeant, Special Investigations Unit