HomeMy WebLinkAboutPA2022-092_20220510_PDNEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Caitlyn Curley, Planning Technician
FROM: Wendy Joe, Police Civilian Investigator
DATE: October 12, 2022
SUBJECT: Lima Rolls
3333 E. Coast Hwy
PA2022-092
At your request, the Police Department has reviewed the project application for Lima Rolls
located at 3333 E. Coast Hwy Newport Beach. The application is for a Minor Use Permit for a
Type 41 (On Sale Beer and Wine). There are no late hours or live entertainment associated with
this application therefore an Operator License will not be required.
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 proposed place of business at 3333 E. Coast Hwy.
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. Below is a brief summary of how this area relates to the Code.
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) 44 which
encompasses Corona Del Mar.
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 213, 111% over the City-wide crime count average
of 101. Since this area has a 20% or 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
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PA2022-092
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found to have undue concentration. In comparison, neighboring RD 45 is (73%) below the City-
wide average, RD 38 is 158% above, and RD 47 is (62%) below the City-wide average.
The highest volume crime in this area is Burglary/Theft from Auto. The highest volume arrests
in the area are drug-related offenses. DUI, Public Intoxication, and Liquor Law violations make
up 24% of arrests in this reporting district. In comparison, the figure for neighboring RD 45 is
10%, RD 39 is 24% and RD 47 is 18%.
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 that is 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 627.01. This census tract has an
approximate population of 2,667 residents with 64 active on-sale alcohol licenses. That is a per
capita ratio of 1 on-sale license for every 42 residents. Per the Business and Professions code,
we compare this per capita ratio to Orange County’s on-sale per capita ratio of 1 license for every
822 residents. We find this area is over saturated per the definition.
This location meets the legal criteria for undue concentration pertaining to alcohol licenses (B&P
§23958.4).
Discussion and Recommendations
The Police Department has no concerns with the application provided the conditions below (or
similar conditions) are imposed.
1. The Alcoholic Beverage Control License shall be limited to a Type 41 (On Sale Beer and
Wine). Any substantial change in the ABC license type shall require subsequent review
and potential amendment of the Use Permit.
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.
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4. The eating and drinking establishment shall close no later than 11:00 p.m.
5. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
6. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
7. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
8. 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.
9. Strict adherence to maximum occupancy limits is required.
10. 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.
11. 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.
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.
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