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Home My WebLink AboutA- 9 Staff Report Revocation of an Alcoholic Recovery Meeting Facility earil:1111: AZUSA AGENDA ITEM TO: MAYOR AND CITY COUNCIL MEMBERS FROM: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR VIA: RICK COLE, CITY MANAGER /°AC- DATE: JUNE 16, 2003 SUBJECT: RESOLUTION AND ORDER OF THE CITY COUNCIL STAYING THE REVOCATION OF AN ALCOHOLIC RECOVERY MEETING FACILITY AT 739 W. GLADSTONE STREET (GRUPO VIDA Y ACCION) AND IMPOSING CONDITIONS ON ITS OPERATION. RECOMMENDATION It is recommended that the City Council adopt the Resolution staying the Business License Revocation and imposing conditions for continued operation. BACKGROUND On June 2, 2003, the City Council conducted an informal hearing on the appeal of "Grupo Vida Y Accion", located at 739 W. Gladstone Street, on the suspension/revocation of their Business License to operate an alcoholic recovery meeting facility following the discovery of 30 men living in the facility, and the operation of an alcohol and drug program without required state and local permits. At the hearing on June 2, 2003, council received sworn testimony from staff, patrons, and the business owner concerning the business operation and activities in light of the business activity described in their Business License application made on February 4, 2003. Following the receiving of testimony in the matter, the City Council determined that the facility was in fact operating outside the scope of the Business License, and that their was sufficient evidence to revoke the Business License. However, the City Council also determined that the need for group support meetings to deal with alcohol and drug addiction should be allowed with specific conditions. Accordingly, the attached Resolution provides a stay on the Business License Revocation and imposes specific conditions on the operators for continued group support meetings. 4),e2". 1 w/y_� � FISCAL IMPACT Adoption of the Resolution will have no known fiscal impact. 2 RESOLUTION NO. A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, STAYING THE REVOCATION OF AN ALCOHOLIC RECOVERY MEETING FACILITY (GRUPO VIDA Y ACCION ALCOHLICOS ANONIMOS) LOCATED AT 739 W. GLADSTONE STREET, AZUSA AND IMPOSING CONDITIONS ON ITS OPERATION WHEREAS, Section 18-21 of the Azusa Municipal Code generally provides that every business license granted is subject to the express condition that the city council may revoke the license at any time when it is determined that(1)the person to whom such license was issued or any of his agents, servants or employees has violated any of the conditions of the license or permit, if any,or terms of the Azusa Municipal Code or of any of the laws of the State of California;or(2)the license or permit was obtained by fraudulent representations; and WHEREAS, the City of Azusa received a request for the issuance of a business license by Grupo Vida y Accion Alcohlicos Anonimos (Aquilino Noya & Ruby Ramirez as Representatives) for an alcoholics anonymous meeting facility providing community services on property located at 739 W. Gladstone Street, Azusa, California 91702 ("License"); and WHEREAS, on April 30, 2003 representatives from the City of Azusa Community Improvement Division, along with the Los Angeles County Fire Department, conducted an inspection of the premises located at 739 W. Gladstone and found that approximately 30 men were housed in a "locked-down" environment for the purpose of undergoing drug and alcohol detoxification. The inspection further revealed that: 1. All low windows were boarded up from the inside and all high windows were painted over; 2. Several open cabinets contained personal belongings and suitcases; 3. Large quantities of food were stacked throughout the building; 4. The restroom facilities were inadequate and unsanitary; and 5. Some of the men had been sleeping on the floor of the building adjacent to vomit buckets. WHEREAS, based upon the conditions observed on April 30, 2003, the City Manager,on May 1,2003,suspended the business license in accordance with Section 18.21(e)of the Azusa Municipal Code and informed the owners and operators of the City's intent to revoke the license and their right to contest such revocation pursuant to Section 18.21(b) of the Azusa Municipal Code; and RVPUB\MXM\654226 WHEREAS, on June 2, 2003 the City Council of the City of Azusa held a hearing concerning the revocation of the License, wherein the applicant and all interested persons were provided an opportunity to testify under oath concerning the alleged conditions; and WHEREAS, after reviewing and considering the staff report attached hereto as Exhibit"A,"the affidavits attached thereto, and all persons testifying under oath at the hearing,the City Council closed the hearing and directed staff to prepare a resolution and order finding that sufficient grounds for revocation exist, but staying the revocation of this License and imposing conditions to govern the subsequent use of these premises; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND, DECLARE AND ORDER THAT: SECTION 1. Findings for Revocation of License. The City Council of the City of Azusa hereby finds that there exists sufficient grounds for the revocation of the License granted to Grupo Vida y Accion Alcohlicos Anonimos (Aquilino Noya&Ruby Ramirez as Representatives) for an alcoholics anonymous meeting facility providing community services on property located at 739 W. Gladstone Street, Azusa, California 91702 and makes the following findings in support of such revocation: A. The person(s)to whom such license was issued or any of his agents,servants or employees has violated the conditions of the license or permit by conducting a business that is different than that described in the business license application and conducting a business that is not permitted by the zoning designation for this property. Moreover,the person(s)to whom such license was issued or any of his agents, servants or employees have violated the laws of the State of California by conducting a drug and institutional facility without complying the California Health & Safety Code, Section 11834.01 et seq. (See Agenda Report and attached Affidavits;June 2, 2003 Testimony ofD.Rudisel, Community Improvement Officer;and June 2, 2003 testimony of Jesus Carreon and Juan Camacho admitting violations). B. The license or permit was obtained by.'fraudulent representations. (See Agenda Report and attached Affidavits; June 2, 2003 Testimony of D. Rudisel, Community Improvement Officer; and June 2, 2003 testimony of Jesus Carreon and Juan Camacho admitting violations). SECTION 2. Revocation Stayed. Notwithstanding the findings for revocation contained in Section 1 of this Resolution, the City Council of the City of Azusa hereby stays the revocation conditioned upon compliance with the conditions of the approval attached hereto as Exhibit "B." Subsequent violations of these conditions of approval shall subject this business licenses to suspension and/or revocation. RVPUB\MXM\654226 SECTION 3. Effective Date. This Resolution and Order shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED this 16th day of June 2003. Cristina Cruz-Madrid Mayor ATTEST: Vera Mendoza City Clerk RVPUB\MXM\654226 -3- EXHIBIT "A" [ATTACH JUNE 2, 2003 AGENDA REPORT WITH AFFIDAVITS] RVPUBMXM\654226 -4- EXHIBIT "B" Conditions of Operation 1. Use of the premises located at 739 W. Gladstone Street under the approved business license shall be to limited to conducting Alcoholic Anonymous meetings or other substance abuse meetings for clients. Appellant shall not utilize the building or property to operate a drug or alcohol treatment facility as that term is defined in California Health&Safety Code, Section 11834.02, or allow overnight stays by any person. 2. Prior to re-establishing the Alcoholic Anonymous Meeting Room Facility,appellant shall obtain a"Special Inspection Permit"from the City of Azusa Building Division within 10 days of adoption of this Resolution and complete all building repairs within 3o days. Said repairs shall include, but are not limited to; removal of all kitchen facilities and capping all unpermitted plumbing,removing all extension cord electrical wiring, removing the unpermitted range hood and ventilation system, repairing all damaged interior walls, removing the unpermitted shower facilities, removing the unpermitted partition wall located behind the front entrance to the building, removing all window glazing coverings fromthe interior,and installation of panic hardware to facilitate exiting in the event of an emergency. The building shall not be utilized for meeting purposes until approved for re-occupancy by the City of Azusa Building Division. 3. Appellant shall comply with all Fire Codes,including but not limited to maintaining all applicable aisle standards between seating while conducting substance abuse meetings. 4. The front door shall remain unlocked at all times while substance abuse meetings are being conducted. 5. Appellant shall provide the City of Azusa Business License Division with a list of all regularly scheduled substance abuse meetings and the business hours of operation. 6. These conditions of approval shall be applicable to any successor and/or assign of Grupo Vida y Accion Alcohlicos Anonimos using the premises at 739 W.Gladstone Street as a facility for conducting an Alcoholic Anonymous meetings or other substance abuse meetings for clients. RVPUB\MXM\654226 -5-