HomeMy WebLinkAboutPA2021-219_20221026_PD El Ranchito ReviewNEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: David Lee, Assistant Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: October 26, 2002
SUBJECT: El Ranchito Restaurant Patio Expansion
2800 Newport Blvd.
PA2021-219
At your request, the Police Department has reviewed the project application for El Ranchito
Restaurant located at 2800 Newport Blvd., Newport Beach. The applicant has requested a
conditional use permit for an expansion to their current out door dining. An Operator License will be
required with the new use permit.
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s place of business at 2800 Newport Blvd.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to
the City-wide average, or an over saturation of alcohol licenses in a census tract compared to
the county.
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.
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 647, 541% over the City-wide crime count average
of 101. Since this area has a 20% greater number of reported crimes than the average number
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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 43% above the City-wide average, RD 14 (Lido Isle) is 82% below the City-wide average and
RD 16 (37th Street to 54th Street) is 22% over the average. 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. The highest volume arrest in the area is Driving Under the Influence.
DUI, Public Intoxication, and liquor law violations make up 44% of arrests in this reporting district.
In comparison, the figure for neighboring RD 13 is 34%, RD 14 is 43% and RD 16 is 25%.
This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4).
Alcohol License Statistics
The standard which ABC utilizes to identify an area over-saturated with alcohol licenses is
outlined in Business and Professions Code §23958.4. A reporting district is classified as having
“undue concentration” when there is a higher retail license to resident ratio than that of the
county.
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 4,938 residents with 65 active on-sale alcohol licenses. That is a per
capita ratio of 1 on-sale license for every 76 residents. Per the Business and Professions code,
we compare this per capita ratio to Orange County’s off-sale per capita ratio of 1 license for every
822 residents.
This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P
§23958.4).
Discussion and Recommendations
There is no proposed change to the location’s ABC license. An Operator License and a security
plan will need to be submitted to the Police Department.
The Police Department has determined the following standard (or similar) conditions would be
appropriate for the business:
1. 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.
2. 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
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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.
3. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
4. The quarterly gross sales of 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. There shall be no dancing allowed on the premises.
7. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
8. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
9. Food service shall be made available to patrons until closing.
10. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink orders or the sale of drinks.
11. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money collected
as a door charge, cover charge or any other form of admission charge is prohibited.
12. “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).
13. Strict adherence to maximum occupancy limits is required.
14. The applicant shall maintain a security recording system with a 30-day retention and make
those recording available to police upon request.
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.
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16. 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 which are clearly visible to the
exterior shall constitute a violation of this condition.
17. Strict adherence to maximum occupancy limit is required.
18. 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.
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