HomeMy WebLinkAbout3505 VIA OPORTOir ory 4-1
GRAND OPENING
DATE: Saturday, November 19th, 1994
TIME: 5pm-DINING • $pm -COCKTAILS
PLACE: 3505 VIA OPORTO • NEWPORT
(In Lido Village formerly Magic Isle)
For reservervations call: 714.675.6599
NEWPORT BLVD
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Grand Opening Pai
CITY OF NDI TORT BEAC7
n COUNCIL MEMBERS
VVI�lk *OC'S'
Motion x
Ayes x x
Noes x x x x
Ayes x x x x x
Noes I I x
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
Motion
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Motion
All Ayes
June 27, 1994
Culture and Arts
�i�r �e✓T
MINUTES
7-
Grant for Cultural Events - $25,000.
Motion was made by Mayor Turner to
`increase the Grant to $40,000.
ute motion was made by Council
Sansone to leave the amount at
, which motion FAILED.
$40,000 Grant for Cultural
x Approved:
Office E uipment - $19,000
Shop Equi ant - 4,100
Equipment 0C - 8,600
Office Furn Fix - 3,300
E ui ment Re la ement
x Approved Communit Services Van
- $28,000.
x Approved Fire Dept. tation Wagon (4x4)
- $24,700.
x Approved Marine Dept. 4T. Truck (4x4)
- $17,000.
x Motion was made by Mayor to close the
public hearing and to ado Resolution
No. 94-61, approving the udget for
Fiscal Year 1994-95, with a proviso
that General Fund Capital a Rollin
Stock expenditures be frozen un ass: (al
the expenditure is considered a sential
for public safety; (b) there is a
contract or project which is a ready
substantially underway; or (c) the
project relies substantially on g ant
funding and the City's share is requi ad
or grant funding will be lost; and o
not take any action relative to the
elimination of the six positions in the
Police Department (five police officers
and one sergeant), until a determination
has been made as to how the State's
budget will impact this City.
44. Mayor Turner opened the continued public
hearing regarding City Council review of
Application of BACCHUS FOR USE PERMIT
NO. 1956 (AMENDED) on property located
at 3505 Via Oporto - Request to consider
the revocation of subject use permit for
failure to comply with specific
conditions of approval, or to consider
adding or modifying conditions of
approval to said use permit. The
approved use permit permitted the
establishment of Bacchus, a
restaurant/nightclub facility with on -
sale alcoholic beverages, two separate
dance floors, live entertainment, pre-
recorded music, the installation of
eight billiard tables, and the use of
tandem and valet parking spaces.
Recycled report from Planning
Department, dated June 13, 1994.
Volume 48 - Page 207
Res 94-61
Bacchus
(88)
CITY OF NEWPORT BEACI-
COUNCIL MEMBERS
MINUTES
\<\
June 27, 1994
R011_ r
INDEX
Supplemental report presented from City
Bacchus
Attorney.
The City Attorney reported that staff
has had a number of meetings with the
new management of Bacchus, and as a
result, developed some modified
conditions that would allow them to
successfully operate the business
without any of the problems that require
police intervention as in the past. The
proposed findings and conditions are
included with his memo and designated as
Exhibits A and B. The most significant
aspects of the proposed findings and
conditions can be summarized as follows:
1. Bacchus acknowledges that
there was sufficient
evidence to justify
revocation of the Use
Permit, but the revocation
would be stayed for a
period of six months
pending a further hearing
to determine if the
modified conditions and new
management eliminate police
problems;
2. City Council has the right,
during this six month
period to revoke the Use
Permit if problems
continue;
3. The Permittee is required
to operate a restaurant
with live entertainment
ancillary to fine dining
rather than vice versa;
4. Dancing by members of the
general public to live or
recorded music is limited
to the first floor -
dancing is permitted on the
second floor only in
conjunction with private
parties;
5. The Permittee is authorized
to offer various types of
live entertainment - such
as live comedy, mystery
theater, and magic -
throughout the premises
since this type of
entertainment has not
generated police problems
in the past;
6. New management has agreed
to numerous conditions
designed to ensure adequate
security personnel inside
and outside of the
premises;
Volume 48 - Page 208
TY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
P \� i
ROLL CRLL s
otion
11 Ayes
x
June 27, 1994
7. Valet parking after
midnight will occur within
the parking structure
thereby eliminating the
potential for Bacchus
patrons to "interact".with
Warehouse customers;
8. The Permittee is prohibited
from using outside
promoters - individuals who
generate large crowds
because they are paid a
percentage of the sales or
admission fees; and
9. Permittea is required to
have responsible management
on premises at all times.
Hugh Coffin, Attorney representing new
owner of Bacchus, 2122 N. Broadway,
Santa Ana, addressed the Council and
stated that he and the applicant have
reviewed the conditions of approval and
the findings, and are in agreement.
Gordon MacDonald, principal share holder
of Bacchus, Rancho Santa Fe, addressed
the Council and expressed appreciation
to all the staff who assisted them on
this project, and stated they are in
concurrence with the conditions, and are
prepared to make the operation work.
Michael Garvey, 3326 Via Lido, addressed
the Council and stated he resides
approximately two blocks from the
Bacchus restaurant; he has read the
staff report and the memorandum from the
City Attorney, and suggested that as a
condition of approval, the applicant be
required to provide one or two uniformed
security guards, equipped with cellular
telephones, and instructed to contact
the police department should they
witness any type of illegal activities.
In reply to the above, the City Attorney
stated that he had no problem in
modifying the conditions so that there
is a requirement that Bacchus security
personnel be required to notify the
police department if they observe
illegal conduct.
Hearing no one else wishing to address
the Council, the public hearing was
closed.
Volume 48 - Page 209
INDEX
-e Y, r�/G'
CGiQ- C�
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDIIM
June 27, 1994
TO: Mayor Clarence Turner
Members of City Council
FROM: Robert H. Burnham
SUBJ: Bacchus
Use Permit No. 1956 (Amended)
During the past few weeks, representatives of the Planning
Department, Police Department and this office have met with
representatives of Bacchus in an effort to develop modified Use
Permit conditions that would allow new inanagement.to successfully
operate the business without any of the problems that required
police intervention in the past. staff and Bacchus representatives
have reached tentative agreement on proposed. findings and
conditions which, if approved by the Council, will'eliminate the
need for a revocation hearing and modify the business operation to
eliminate or minimize police related problems. The proposed
findings and conditions are attached to this memo as Exhibits A and
B.
The most significant aspects of the proposed findings and
conditions can be summarized as follows:
1. Bacchus acknowledges that there was sufficient evidence to
justify revocation of the Use Permit, but the revocation would
be stayed for a period of six months pending a further hearing
to determine if the modified conditions and new management
eliminate police problems;
2. City Council has the right, during this six month period, to
revoke the Use Permit if problems continue;
3. The Permittee is required to operate a restaurant with live
entertainment ancillary to fine dining rather than vice versa;
4. Dancing by members of the general public to live or recorded
music is limited to the first floor - dancing is permitted on
the second floor only in conjunction with private parties;
5. The Permittee is authorized to offer various types of live
entertainment - such as live comedy, mystery theater, and
magic - throughout the premises since this type of
entertainment has not generated police problems in the past;
6. New management has agreed to numerous conditions designed to
ensure adequate security personnel inside and outside of the
premises;
7. Valet parking after midnight will occur within the parking
structure thereby eliminating the potential for Bacchus
patrons to "interact" with Warehouse customers;
8. The Permittee is prohibited from using outside promoters -
individuals who generate large crowds because they are paid a
percentage of the sales or admission fees; and
9. Permittee is required to have responsible management on
premises at all times.
RECOMMEND2�TIOH:" The bity Council Vopt the proposed findings and
conditiony subject to concurrence y Bacchus Management.,,.
City Attorney
RHB:gjb
May=a.627
tXHIBIT A
I. FINDINGS:
A. On May 20, 1993 the Planning Commission amended Use Permit
No. 1956 (Use Permit) and thereby authorized the establishment of
a nightclub/restaurant on the property at 3505 Via Oporto in
Newport Beach (Premises). The Use Permit contains a condition that
authorizes the Planning Commission or City Council to revoke the
Use Permit upon a determination that the operation of the business
has been detrimental or injurious to the health, safety, welfare or
peace of the community;
B. In September, 1993, a nightclub known as Bacchus opened
for business pursuant to the Use Permit;
C. On October 30, 1993 the Newport Beach Police Department
received two complaints from residents 'in the Finley tract
regarding excessive noise emanating from Bacchus;
D. (Subsequent :to October •301 1993 and prior.. to March 25,
1994, the,' Newport Beach .Police Department responded to many
possible =Violations of State or* local law and regulations related
to excessive noise, disorderly conduct and the consumption of
alcoholic beverages which involve persons believed to be'patrons of
Bacchus,
E. Between March 26 and April 17, 19941 the Newport Beach
Police Department responded to several additional' violations of
law, ordinance or regulations, some of which involved excessive
drinking, excessive noise and disorderly conduct on the part of
persons believed to be patrons of Bacchus;
F. The complaints and possible violations relating to noise,
disorderly conduct and excessive drinking were in large part due to
the failure of prior management to control patron conduct, the
failure of management to take action to change business practices
which contributed to these problems, and the failure of then
current management to cooperate with law enforcement and Planning
personnel;
G. The City Council finds, and Permittee has acknowledged,
that there is substantial evidence to support a finding that
Bacchus has operated from October 1993 to April 1994 in a manner
which is injurious and detrimental to the health, safety, peace and
general welfare of the community;
H. The City Council also finds and determines that a
restaurant with ancillary live entertainment could operate on the
premises given appropriate conditions and responsible management;
and
I. The City Council also finds that while revocation of the
Use Permit is warranted by the evidence, revocation should be
stayed because:
1. The modified conditions imposed in conjunction with this
action are designed to eliminate the land uses and business
practices which contributed to the excessive noise, disorderly
conduct and related activity; and
2. The permittee has incorporated as Tobar Glen, Inc., and
the corporation is controlled by individuals who appear
committed to comply with modified conditions and use
management practices designed to eliminate patron conduct
which requires police intervention.
EXHIBIT B
II. MODIFIED CONDITIONS:
A. Definitions
1. Private parties shall mean parties or celebrations
sponsored by an individual, association or corporation with
attendance limited to a specific group of individuals invited
to attend because of their affiliation with or knowledge of
the sponsor; and
2. The term "outside promotion" shall mean any agreement or
arrangement, express or implied, between the Permittee and any
person, association or corporation pursuant to which any band,
singer, musician, agent or any combination thereof, is paid a
percentage of the sale bf food, liquor, cover -charge, or other
income normally received by the Permittee, rather than a fixed
fee for a specific performance or series of performances.
B. Permitted Uses
1. The primary use shall be a restaurant emphasizing the
sale of food, and the sale of alcoholic beverages incidental
to the 'sale of food. The sale of food shall be permitted
anywhere on t$e premises;
2. The sale and consumption of alcoholic beverages other
than incidental to dining shall be permitted in:
(a) The bar areas as designated on the approved plans
and specifications;
(b) Licensed bars, service bars, or beer tables shall be
permitted at such locations, and in the precise manner
specified by, the Alcoholic Beverage Control Department;
and
(c) The license bars, service bars, or beer tables
permitted by the Alcoholic Beverage control Department
may be utilized for any purpose consistent with ABC
regulations, e.g., the license bar on the second floor
-could be utilized to serve patrons in the upstairs dining
room, seance room and theater.
3. Dancing to live music or recorded music (whether played
by a disc jockey or otherwise) shall be permitted only:
(a) On the first floor in the area designated for
dancing and only on the 950 (+ or -) square foot dance
floor shown on the approved plans and specifications; and
(b) On the second floor in the area designated as
theater/private party facility in an area not to exceed
650 square feet but only in conjunction with private
parties and in no event shall dancing be permitted by
members of the general public on the second floor.
4. Live comedy, mystery theater, plays, magic acts, live or
recorded music (except in conjunction with dancing) or similar
entertainment shall be permitted:
(a) on the second floor in the area designated as
theater/private party facility;
(b) on the second floor in the area 'designated as the
"seance room";
(c) Anywhere on the first floor; and
(d) Notwithstanding the foregoing, individual magic
performers or illusionists shall be permitted in all
areas of the premises.
5. 1A maximum of eight pool tables shall be permitted within
the:Jacilities in those areas specifically designated on the
apprpved site plans and floor plans;
6. The sale of alcoholic beverages may.be'allowed in areas
permitted' by',the' Department of Alcoholic Beverage Control
pursuant to temporary license unless restricted further by the
terms of this Use Permit;
7. Permittee may conduct harbor dinner cruises subject to
compliance with the provisions of Chapter 5.18 of the Newport
Beach Municipal Code;
8. Permittee may conduct any on or off -premises catering
business; .
9. Permittee may conduct special celebrations, parties or
similar activities which are organized and conducted on behalf
of community organizations, individuals, ' non-profit
corporations or other entities. In the event a specific
portion of the premises is reserved for persons other than
members of the general public, Permittee may authorize any of
the activities specified in subparagraphs B1 through B41
provided, in no event shall Permittee permit dancing in
conjunction with live music or recorded music (whether played
by a disc jockey or not) on the second floor unless the
exception specified in B3(b) is applicable;
10. The monthly gross sales of
exceed the gross sales of food <
same period and Permittee shall
to gross sales sufficient to
condition within 15 days after
upon a written request by the
Chief;
alcoholic beverages shall not
it other commodities during the
provide documentation relative
confirm compliance with this
the end of. any calendar month
Planning Director or Police
11. To the extent specified in these conditions, those
portions of the premises designated for specific uses shall be
shown as such on the approved site plans and floor plans.
Permittee shall not modify premises in any material manner
without an amendment to this Use Permit.
III. OPERATIONAL CHARACTERISTICS (hours of operation - sale of
alcohol):
A. The hours of operation shall be from 11:00 a.m. to 1:30
a.m.., provided, however', the sale of alcoholic beverages
shall only be permitted between the hours of 11:00 a.m. and
1:15 a.m. each day of the week;
B. No alcoholic beverages shall be consumed on any property
adjacent to the premises and which is under the control of
permittee;
C. ':Alcoholic beverages shall. be sold only to persons legally
entitled to consume them and alcoholic beverages shall not be
sold`�to any person who is obviously intoxicated;• and
D. The*permittee shall comply with -all conditions, rules,
regulations a'nd- laws imposed or enforced by the state of
California or --Department of Alcoholic Beverage Control.
IV. OPERATIONAL
(live entertainment and security)
A. Permittee shall obtain a cafe dance permit from the City
of Newport Beach prior to permitting any dancing pursuant to
this use permit and shall comply with all terms and conditions
imposed on the cafe dance permit;
B. Permittee shall not allow any outside promotion (as
defined in section II(A)(2)) of any band, singer, musician or
any disc jockey playing recorded music, provided, however
nothing in this section shall prohibit permittee from hiring
or engaging independent contractors., including musicians,
singers, entertainers and disc jockeys, and paying
consideration on the basis of a flat fee, hourly fee or other
payment other than based upon a percentage of gross sales or
any admission fee;
C. The occupancy of those areas designated as theaters on the
approved plans and specifications shall not exceed limits
established pursuant to the Uniform Building Codes;
D. Noise generated by live entertainment or prerecorded
music shall be confined to the interior of the structure and
all windows and doors shall be closed whenever live
entertainment is performed or when pre-recorded music is being
played in conjunction with dancing, subject to the right of
patrons to enter and leave by the main entrance of the
restaurant;
E. Permittee shall provide sufficient interior security
personnel to control the conduct of all patrons inside the
premises but in no event less than 2 security employees for
first 100 patrons and 1 additional security employee for every
10o customers thereafter;
F. The minimum required security personnel shall not be
assigned to staff the front door of the premises or perform
duties unrelated to security;
G. Permittee shall provide security personnel for the
exterior of the premises in sufficient quantity to control the
conduct of patrons entering and exiting the premises;
H. Permittee .shall provide the Newport Beach Police
Depa tment with the names of all persons employed as security
off4ers and all persons abting in a security capacity shall
r wea.uniforms and easily identifiable identification to ensure
easy contact. with police officers if the need arises;
I. All employees, including security personnel, shall, prior
to first performing their.duties on premises, receive training
offered by the Orange County Responsible Hospitality
Association, the Alcoholic Beverage Control Department of the
State of California or an organization approved by the Newport
Beach Police Department relative to the service of.alcoholic
beverages, including training and the recognition of the
symptoms of intoxication and control of intoxicated patrons;
J. Permittee shall have at least one responsible manager on
premise at all times during business hours. The term
"responsible manager" shall mean a sole individual with the
complete authority of the permittee to change business
operations or practices which are inconsistent with terms of
this permit or adversely affect the health, safety or welfare
of the neighborhood. The responsible manager shall not be any
employee, officer or owner of Bacchus (Permittee prior to May
30th) who exercised managerial responsibility on the premises
(Gordon Mcdonald, Larry Mcdonald and John Goseco are
considered not have been responsible managers prior to May 30,
1994). The name of the responsible manager shall be
communicated to the Newport Beach Police Department through
submittal of a work schedule or other written communication;
K. in the event permittee installs surveillance equipment to
monitor patrons and others within or outside the premises the
permittee shall, to the extent permitted by law, provide the
Police Department with a copy of any video tape involving any
incident to which Newport Beach Police officers were required
to respond; and
4NZ
L. The telephone number and pager number for the responsible
manager shall be submitted, in writing, to the Newport Beach
Police Department.
V. OPERATIONAL CHARACTERISTICS (General):
A. Permittee shall provide at least 189 off-street parking
spaces. The permittee shall specify the location of the
parking spaces and establish entitlement to the exclusive use
of the spaces to the satisfaction of the City Traffic Engineer
and City Attorney;
B. Permittee shall use a valet parking service. The valet
parking service shall not permit the pickup of patron vehicles
on Via Oporto after 12 a.m. Permittee shall advise all
patrons upon arrival, and upon exiting, to pickup their
vehicles within the Lido Marina parking structure in the area
designated on the approved plans and specifications, or such
other parking location as. may be approved by the Planning
Comm%#ssion and/or City CouAcil. Valet parking service shall
be provided within this structure adjacent to the premises
betw6en the hours of 12:00 a.m. and 2:00 a.m. and permittee
shall use all reasonable effort.to ensure that patrons utilize
the valet service• in the parking structure. The Traffic
Engineer shaft approve, and shall have the authority to
acquire modifications of, all aspects of the valet parking
service utilized by Permittee and Permittee shall comply with
all requests for modification made by the Traffic Engineer;
C. All permittee employees shall park their vehicles on the
top level of the Lido Marina parking structure; and
D. Permittee shall not use outdoor loud speakers or paging
system.
VI. MISCELLANEOUS CONDITIONS:
A. Permittee shall comply with all ordinances of the City of
Newport Beach, any applicable ordinance of the County of
Orange and all laws, rules and regulations of the State of
California including, without limitation, laws and regulations
enforced by the Alcoholic Beverage Control Department;
B. Permittee shall comply with all ordinances of the City of
Newport Beach, any applicable ordinance of the County of
Orange, and all laws of the State of California;
C. The proposed project shall be in substantial conformance
with the approved site and floor plans submitted to, and
approved by, the Building Department. City shall issue
building permits to Permittee provided the application for
permit, and subsequent construction, strictly comply with all
provisions of the Uniform Building and Fire Code;
D. The existing outdoor balcony shall not be utilized by, or
accessible to, members of the general public;
E. That restaurant development standards pertain to walls,
landscaping and building setbacks are deemed waived;
F. Grease interceptors shall be installed on all fixtures in
the restaurant where grease could be introduced into the
drainage systems. The grease interceptors shall be installed
in accordance with provisions of the Uniform Building Code
unless otherwise approved by the Building Department;
G. No temporary "sandwich signs" shall be permitted, either
on -site or off -site to advertise any'activity conducted by
Permittee pursuant to this permit;
H. All signs must conform to the provisions of Chapter 20.06
of t{)e Newport Beach Munid�pal Code; and
I. 'The Permittee shall apply for, and obtain, a live
entertainment permit from the City of Newport Beach.
VII. SPECIAL CONDI'j.'IONS:
A. The City Council shall conduct a public hearing, with
written notice to Permittee, on the last regular meeting day
prior to the lapse of 180 days after Permittee commences
operation pursuant to -these amended conditions. The City
Council shall rescind the revocation and fully reinstate Use
Permit 1956 (amended) upon a determination the Permittee has
operated in substantial conformance with these conditions and
upon a determination there has not been a significant number
of violations of State or local laws or regulations by Bacchus
or Bacchus' patrons, which were attributable to the business
practices of Permittee or the failure of Permittee to control
patrons. In•addition, the City Council may upon the request
of the applicant or City staff, modify the conditions of
approval, including restrictions on permitted activities
within the premises, upon a determination that the additional
modified conditions will not be detrimental to the health,
safety or welfare of the community; and
B. Permittee agrees and acknowledges that during this 180
day period, the City Council may, upon a determination that
additional or modified conditions of approval are necessary to
minimize or eliminate any potential detriment or injury to the
health, safety, peace or general welfare of the community, add
or modify, conditions of approval as the Council may deem
appropriate.
CorlFin.Sae