HomeMy WebLinkAboutPA2019-238 PD PRR Returned (2) 'Y NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
...4a
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.
501 Park Ave Bistro
PA2019-238
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.
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).
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
501 Park Ave Bistro
PA2019-238
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.
6 The full menu food service shall be available for ordering at all times that the restaurant
establishment is open for business.
7 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.
8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
9. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
10. Live entertainment and dancing is prohibited.
11. Strict adherence to maximum occupancy limits is required.
12. 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.
13. 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.
14. "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).
15. 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.
16. The applicant shall maintain a security recording system with a 30-day retention and make
those recordings available to police upon request.
501 Park Ave Bistro
PA2019-238
If you have any questions as to the content of this memorandum, please contact Investigator
aWeJoe at (949)644-3705 or wjoe@nbpd.org.
e dy Jae
o -ce Civilian Investigator, Special Investigations Unit
Randy Parker
Detective Sergeant, Special Investigations Unit
t , > NEWPORT BEACH POLICE DEPARTMENT
# twt CHIEF JON T.LEWIS 2018 CRIME AND ALCOHOL-RELATED STATISTICS
SUMMARY FOR 501 PARK AVENUE AT 501 PARK AVENUE(RD42)
Part I Diff From Diff Part I Diff From %Diff Part 11 Diff From %Diff Partli DiffFrom %Diff Crime Diff From %Diff
Subject: Crime Avg From Avg Arrests Avg From Avg Crime Avg From Avg Arrests Avg From
501 PARK AVENUE 0 MIA NIA 0 WA '!' I NIA N/A I WA NIA. 1 WA NIA
Subject RD: 63 +5 +9% 1 -4 -81% 41 -50 -55% 30 -51 -63% 93 -46 -33%
RD42
Adjacent RD: 22 -36 -62% 1 -4 -81% 23 -68 -75% 20 -61 -75% 42 -97 -70%
RD43
Adjacent RD: _
Adjacent
F,r. +27 +47% r +2 +31% 88 -3 -3% 80 -1 -2% 165 +26 +19%
Adjacent RD: 37 -23 -36% 7 +2 +31% 80 -11 -12% 75 -6 -8% 112 -27 -19%
RD12 illIM
Newport Beach 2,192 RD Average=59 203 RD Average=6 3,456 RD Average=89 3,088 RD Average=74 5,280 RD Average=134
Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Per BP 23958.4,crime count is the sum of
Report•Homicide,Rape,Robbery,Aggravated Assault Burglary,Larceny,Auto Part I Crime plus Part II Arrests.
Theft,and Arson.This report reflects City of Newport Beach data for 2017.
A 4 ■
PGPulatiorl Active Licenses License Per Capita
Subject: .t rr�rrr iFv ra
501 PARK
lily 0 N!A ; �� .+
AVENUE
Subject Census x
2,831 13 218
Tract:630.06 r
Adjacent Census 4,220 40 106 4
Tract:628
Adjacent Census
Tract:627.01 2,817 16 176
Adjacent Census
Tract:630.05 1,372 11 125 �T
Newport Beach 85,186 461 185 r� ak
Orange County 3,010,232 6,452 467
Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of 3/19/2018. ,=Subject Location 1/29/2020
All Population figures taken from the 2010 US Census.