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HomeMy WebLinkAboutResolution No. 07-C083RESOLUTION NO. 07-C83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA UPHOLDING THE POLICE DEPARTMENT DENIAL OF A CAFE ENTERTAINMENT PERMIT FOR THE "D" CLUB, LOCATED AT 975 W. FOOTHILL BOULEVARD WHEREAS, Pursuant to Municipal Code Section 18-169- Cafe Entertainment, the City of Azusa Police Department Chief of Police may approve or deny an application for a "Cafd Entertainment" permit, based on an investigation concerning the application and the business proposed to be conducted; and WHEREAS, On July 3, 2007 the City of Azusa Police Department Chief of Police denied Cafd Entertainment Permit application No. CE -2007-03 for the "D" Club, located at 975 W. Foothill; and WHEREAS, Pursuant to Municipal Code Section 18-170 - Cafe Entertainment, the applicant of the denied Cafe Entertainment Permit may appeal to the City Council within ten days of the denial. On July 12, 2007, the applicant, David Martinez, (AJDM Corporation - the "D" Club), filed an appeal of the denial to the City Council; and WHEREAS, the City Council of the City of Azusa has held a public meeting on October 15, 2007, with respect to the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That the City Council does hereby uphold the City of Azusa Police Department denial of the Caf6 Entertainment Permit CE -2007-03 and does also require that the applicant, David Martinez, (AJDM Corporation - the "D" Club), shall cease to offer cafd entertainment without a valid permit. The City Council's decision is based upon information in the record and the following findings: Factual Information: On August 31, 2006 the owner of the D -Club applied for a Conditional Use Permit to allow a club use with live entertainment at the existing restaurant located at 975 W. Foothill Blvd. (a) 2. In October of 2006, the City of Azusa purchased the land on which the D -Club is located as part of a legitimate re -development action pursuant to relocating Wimpy's Pawn Shop. In the process the City of Azusa became the owner of the building located at 975 W. Foothill Blvd, and landlord to the lease holder who operates the business known as the D -Club. (b) 3. The business owner, AJDM Corporation, holds an Alcoholic Beverage License, type 47, (On -Sale General — Eating Place (Restaurant)), which allows it to operate as a restaurant. (c) 4. The property that is located at 975 W. Foothill is leased to Angel Juarez and David Martinez and is described as a "Restaurant and lot". (d) 0 Resolution No. 07-C83 October 15, 2007 Appeal Denial of CE -2007-03 Page 2 of 4 5. On October 31, 2006 the Redevelopment Agency notified the Angel Juarez and David Martinez that as of October 13, 2006 it had become the new property owner and that the tenant would continue to occupy the property under the terms and conditions set forth in the existing lease. (f) 6. In November 2006 the City Council / Redevelopment Agency became aware that the D -Club was operating in violation of their ABC permit, and requested that the owners of the business immediately cease operating at the property in violation of the Lease and the ABC license. (g) In December 2006 the City researched the D -Club ABC license and determined that a CUP was not sufficient to change the use of the D -Club. Condition No. 2 of the ABC license held by the D -Club requires that "the Licensee shall not offer, permit, or provide any entertainment except as permitted by a valid dance and entertainment permit issued by the City of Azusa". (e) 8. On April 18, 2007 David Martinez submitted an application for a Caf6 Entertainment permit. (h)(i) 9. The City of Azusa Municipal Code Section 18-169 (18 (Businesses) Division 5 (Caf6 Entertainment) section 169 (Permit issuance, denial)), requires the Chief of Police to investigate every application for a Cafe Entertainment permit and to make a determination whether the enterprise would be detrimental to the public peace, health, safety, morals or welfare of the City or its inhabitants. 0) 10. The Chief of Police caused an investigation to be conducted and produced a report to the City Council titled "Azusa Police Department — Cafe Entertainment Permit Review — D Club — 975 W. Foothill Blvd". (k) 11. The Chief of Police denied the Cafe Entertainment Permit for the D Club as authorized in Azusa Municipal Code Section 18-169, finding that "the D Club is detrimental to the public peace, health, safety, morals and welfare of the City and its inhabitants". (1) 12. Corporal Rick Sanchez and Captain Sam Gonzalez compiled a report with eight conclusions supporting the denial of the Cafe Entertainment permit. (m) Impacts 1) It has a negative impact on the quality of life in the area 27 businesses were polled about impacts. (n) • 1 was favorable (receives free beer) • 16 seemed indifferent 0 9 felt D Club was bad for the area Resolution No. 07-C83 October 15, 2007 Appeal Denial of CE -2007-03 Page 3 of 4 • 3 businesses felt personal fear at night because of the club • 18 experienced trash • 2 experienced. trespass • 2 reported vandalism • 3 had experienced graffiti • 7 had found condoms in their parking lot. Based upon the material provided to the Council in the report there are mild to moderate negative impacts to life as a result of the D Club operations. 2) The D Club is putting a significant strain on police resources The Sanchez/Gonzalez report documents the increase in police assistance calls for the D Club (o) • In RD 415 a significant increase in Part 1 crimes over the average in 2006 • 182 calls for service at D Club in 2006 compared to 53 the year before and 506% increase since 2004 • A rate of calls for service that projects to 100% increase. in 2007 over 2006 (P) • D Club is comparatively much higher in its demand for police service than any other bar/restaurant in the city, either singly or in aggregate comparing in 2006 with 182 calls for service with total reported calls for service of 109 for Acapulco, La Fonda, and Casablanca combined. • Four officers are assigned OT work on Thursday nights specifically for D Club coverage (q) 3) The strain on resources reduces service to the rest of the community • Even with four officers stationed at the D Club there is a level of criminal activity requiring police response to the site. (r) • Since the beginning of May, 2006 there has been an increase in the police services required to respond to various incidents at the D Club. The incidents at the D Club have extended beyond the premises into the surrounding community, and even into other communities. (s) 4) The D Club building is in poor condition and unsafe for its patrons Based upon the pages of photographs of hazards presented in tab 11 of the police report, and although some improvements have been made, the interior of the D Club building is in poor condition and presents unsafe conditions for its patrons. 5) The under -age drinking that is occurring inside and outside the premises Although decoy minors have been prevented from buying alcohol (t), based upon the report by X. Torres (r), under -age drinking has been confirmed to be occurring inside and outside the premises. 6) Parking problems Based upon the memorandum to Captain Sam Gonzalez documenting the ratio of parking spaces to patrons (u), there are parking problems at the D Club. 7) High volume of criminal activity occurring inside and outside premises 0 0 Resolution No. 07-C83 October 15, 2007 Appeal Denial of CE -2007-03 Page 4 of 4 Based upon reading the entire report submitted by the Chief of Police there is a high volume of criminal activity occurring inside and outside the premises of the D Club. 8) The overwhelming number of calls for service at the location Based upon reading the entire report submitted by the Chief of Police there are an overwhelming number of calls for service at the location of the D Club. (o) (p) (N (s) (r) Conclusions 1) Staff has not acted in an arbitrary or capricious manner with ulterior motives. In addition, staff members were pointedly asked whether they exercised any bias in the decisions made and each person asked responded that they had not acted with bias, but only out of concern for safety. 2) The denial by the Chief of Police of the Cafe Entertainment permit application submitted by the D Club is justified based upon objective review of police activity at this location. SECTION 2: The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 15th day of October, 2007. -" SEPH R. ROCHA, MAYOR I HEREBY CERTIFY that the foregoing resolution No. 07-C83, was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 15th day of October, 2007 by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES:, COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABST COUNCILMEMBERS: NONE Vera Mendoza, City Clerk APPROVED A5 TO FORM: City Attorney