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HomeMy WebLinkAboutD- 5 Staff Report Appeal Business License 1 AGENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR VIA: RICK COLE, CITY MANAGER DATE: JUNE 2, 2003 SUBJECT: BUSINESS LICENSE SUSPENSION/REVOCATION HEARING FOR “GRUPA “Y ACCION”” AT 739 W. GLADSTONE STREET RECOMMENDATION It is recommended that the City Council revoke the business license based on fraudulent representations and operating a Drug and Alcohol Institutional Facility without state or local permits. Business Owner(s): Acpuilino H. Noyola 12214 Klingerman Street El Monte, CA 91732 Ruby Ramirez 6033 5th Street La Puente, CA 91746 BACKGROUND On April 30, 2003, the Community Improvement Division was contacted by Fire Inspector, Jerry Cantu, Los Angeles County Fire Department, concerning a hazardous commercial occupancy at 739 W. Gladstone St. Inspector Cantu advised that the Fire Department had discovered that approximately 30 men were being locked inside a commercial building operating as a alcohol and drug abuse rehabilitation center, and requested that the City of Azusa Building Inspector, and Code Enforcement meet with him at 739 W. Gladstone St., at 1:30 pm on April 30, 2003, to conduct an interior inspection. This inspection was conducted by Mr. Robb Keyes, Deputy Building Official, Mr. Sye Malins, Community Improvement Inspector, Mr. Andrew Cawte, Business License Field Enforcement Officer, and Ofc. Tom Montague, Community Improvement Officer. 2 Upon gaining entry to the business with the consent of Mr. Julio Sanchez, Manager for “Grupo “Vida Y Accion””, the inspection revealed that approximately 30 young men were being housed in a locked down environment to undergo drug and alcohol detoxification for up to 90 days. Upon making entry one of the men saw the front door open and attempted to leave the location and was stopped by Mr. Sanchez who quickly locked the exterior metal door. Upon observing this, Ofc. Montague advised Mr. Sanchez that if he did not allow the person to leave the building he could be charged with “Unlawful Imprisonment”. Upon being informed that he could be charged with a crime, Mr. Sanchez again unlocked the front door and the male adult quickly fled the location followed by 4 other male Hispanic adults that were inside the building. When asked about the business, Mr. Sanchez advised that the business had contracts with families wherein men were brought to the location for drug and alcohol detoxification. Mr. Sanchez went on to advise that the company operated the same type of facilities in El Monte, Baldwin Park, and La Puente. The interior inspection revealed that all low windows were boarded-up from the inside, and all high windows were painted over. Staff also found open cabinets with personal belongings and suitcases stacked in a room, along with ad hoc kitchen facilities, large quantities of food stacked throughout the building, and unsanitary\inadequate restroom facilities. Staff also observed men sleeping on the floor with vomit buckets lying next to them. The business operators obtained a business license to operate an office location to conduct Alcoholics Anonymous meetings and failed to disclose that they would be housing 30 or more individuals for up to 90 days in a locked down environment (copy of Business License Application attached). Based on the above, and a review of licensing records, the facility was found to be operating as an “I-3” (Institutional Detention Facility)”, without a State License, and without city approvals. The Manager of the facility was ordered to cease operating, and the Business License to operate an Alcoholics Anonymous meeting location was suspended pending a timely appeal by the business owner, the building was posted as an “Unlawful Occupancy”. A request to investigate the business was made with the California Department of Health Services “Department of Alcohol and Drug Programs”, after it was determined that the facility and operators were not licensed by the state, as required in §11834.01 Health and Safety Code (copy attached). From a local land use standpoint, the use would be defined as a “Drug Abuse Recovery/Treatment Facility” permitted in a “C-3” Zone or higher with a Conditional Use Permit. In this instance the use exists in a “C-2” Zone and is not a permitted use in this zone. Staff has also attached “Declarations” from Mr. Robert Keyes, Deputy Building Official, Mr. Sye Malins, Community Improvement Inspector, and Mr. Andrew Cawte, Business License Field Enforcement Officer, along with a copy of the “Los Angeles County Fire Department Inspection Report” prepared by Mr. Jerry Cantu, Fire 3 Inspector. Staff has also attached 8 digital photographs depicting the business operation as found on April 30, 2003. FISCAL IMPACT Revocation of the business license would result in a loss of $90 per year in business license revenue.