APPLICATION FOR DETERMINATION OF "PUBLIC CONVENIENCE OR NECESSITY" ALCOHOL SALES
Pursuant to Section 23958 and 23858.4 California Business and Professions Code
TO BE SUBMITTED TO CITY CLERK'S OFFICE ROOM 395, CITY HALL COUNCIL FILE NO. TIME LIMIT FILE: _
BACKGROUND INFORMATION
As part of the application, the applicant must submit the names and addresses of property owners of all property adjacent (including across the street/alley) to the subject property on gummed labels. Applicant must also submit the following information: 1) notarized signature, 2) a site plan prepared by a map maker (see Planning Department for map maker's list), 3) one 4- by 6-inch picture of the property from each side of the site, and 4) a copy of all previous building permits for the site (Room 101, 201 North Figueroa Street). When you meet with ABC to get the crime and license concentration information for your site, you must bring back the ABC information (on the ABC form) to the City Clerk. Project Name T.wh",e'-.l.JH",o",te"I.."C",a",fe",,' _
Address 1623 N, Cahuenga Boulevard. Hollywood, CA 90028
Type of Business Live Music Venue
Applicant Maximillian Mamikunian and Marko Shafer Name
1623 N. Cahuenga Boulevard. Hollywood. CA 90028 Address
Phone: (323) 461-2040 Phone Number/Fax Number
Property Owner The R Nand S R Patel Trust Name
1617 N. Cahuenga Boulevard. Hollywood. CA 90028 Address
Phone: Fax Phone Number/Fax Number
Representative Christopher Murray c/o Rosenheim & Associates, Inc, Name
21550 Oxnard Street. Woodland Hills, CA 91367 Address Phone: (818) 716-2782 Fax (818) 593-6184 Phone Number/Fax Number
A. PROJECT DETAILS THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ALL APPLICANTS:
1. Has the City previously approved a conditional use permit for alcoholic beverage sales at this site? Yes.x. No _ If Yes, what is the City case number(s) ZA-2012-3049 (CUB)(ZV) and ZA 2004- 7795(CUB)(ZV)
2. Have you recently filed for a new conditional use permit? Yes.x. No _ If Yes, provide the City case number(s) ZA-2012-3049 (CUB)(ZV) Page 2 of7
3. Has a previous ABC license been issued? Yes X No _. If Yes, when and what type of license: August s, 2005/ Type 47 4. Type of Alcohol Sales Requested (on- or off-site, beer and wine, full alcohol, etc.): on-site sales of full alcohol 5. Size of Business Interior: 4.375 Square Feet Outdoor Patio: 530 Sguare Feet 6. % of floor space devoted to alcoholic beverages Approximately 35%. which includes the service bars. lounges. outdoor patio, and one mid-sized storage space.
7. Hours of Operation: a. What are the proposed hours of operation and which days ofthe week will the establishment be open? 11:00 AM to 2:00 AM. Seven Days a Week b. What are the proposed hours of alcohol sales? 11:00 AM to 1:45 AM. Seven Days a Week S. Parking: a. Is parking available on the site? (If so, how many spaces?) __ .cN"'o'-- _ b. If spaces are not available on the site, have arrangements been made for off-site parking by lease or covenant? __ Y!,;e",s",.",b",y,-l",e",a!2s",e~. _
c. Where? lD6",3",7-.JN",-,.C"a"-h",u",e",n",g",auB",o",u",le",v"a",r"d.""Huo"I",ly",w,-,o,,o",d,,-,"C"'A'--"9"'0"02,,S"- _ d. How many off-site spaces? _--'4,,0'-"s"pa"c"'e"'s"- _ 9. Has the owner or lessee of the subject property been suspended from the sale of alcoholic beverages on the subject property or fined by the Alcoholic Beverage Control Department (ABC) in the last 365 days and if so, for what reasons? Provide ABC case number and a copy of final ABC action. No/Not Applicable 10. Will video game machines or pool or billiard tables be available for use on the subject property and, if so, how many? No/Not Applicable 11. Will you have signs visible on the outside, which advertise the availability of alcohol? ~N"o,,- _ 12. How many employees will you have on the site at any given time? Approximately 10 - 16 13. Will all employees who sell alcohol attend the local State ABC training class on how to properly sell alcohol? _-'Y""e"'s'- _
14. What security measures will be taken including: a. Posting of rules and regulations on the premises to prevent such problems as gambling, loiterinq, theft, vandalism and truancy. _...!Y-"e~s _ b. Will security guards be provided and if so, when and how many? Yes. 3 to 5 each night during facility operation. One Security Guard for each active performance room, plus ticket takers. with guard cards, in each FOam.and the On-Site Manager. who will also have a guard card. 15. Will there be minimum age requirements for patrons? If so, how will this be enforced? Yes. Patrons wiH be 21 years of age or older. and Security Guards will use electronic age verification devices. 16. Are there any other alcoholic beverage outlets within a 600-foot radius of the site? Provide names and address of such business and type of business. Yes please see the table of establishments attached to this form. 17. Are there any schools (public or private and including nursery schools) churches or parks within 1,000 feet of your proposed business? Where? (Give Address) Yes. please see attached list of sensitive uses. Page 3 of 7
18. Will the exterior of the site be fenced and locked when not in use? Yes. a decorative wrought iron gate at the main entry is locked when the facility is closed. A wrought iron fence has also been installed at both the Cahuenga Boulevard and Selma Street alley ingress/egress points; the alley runs along the western and northern facilitv walls. Also. the alley is opened during the day until 6:00 PM so that other businesses along the alley have access. 19. Will the exterior of the site be illuminated with security lighting bright enough to see patrons from the street? No/Not Applicable. due to the establishment's orientation towards the allay and away from Cahuenga Boulevard. B. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED WHERE ONLY THE OFF-SITE SALE OF ALCOHOLIC BEVERAGES IS SOUGHT: 1. Will the gross sale of alcohol exceed the gross sale of food items on a quarterly basis? Not Applicable 2. Will cups, glasses or other similar containers be sold which might be used for the consumption of liquor on the premises? -'-IN,,,o.,.tAp""""pl""ic",a",b",le~ _ 3. Will beer and wine coolers be sold in single cans or will wine be sold in containers less than 1 liter (750ml)? Not Applicable 4. Will "fortified" wine (greater than 16% alcohol) be sold? -DNUotLA""'ppl!!I"'ic"'a"'b"'le'- _ C. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED WHERE ONLY THE ON-SITE SALE OF ALCOHOLIC BEVERAGES IS SOUGHT: 1. What is the occupancy load as determined by the Fire Department (number of patrons)? TBD 2. What is the proposed seating in all areas? 46 seats indoor and 32 seats on the Outdoor Patio for a total of 78 seats. Please see attached Floor Plan for exact seating locations. 3. Is there to be entertainment such as a piano bar, jukebox, dancing, live entertainment, movies, etc.? (Specify?) Yes, as the establishment is a live-music venue containing two performance rooms where singer/songwriters test and perform new material. during three to four one-hour sets per evening, in advance of general public release. Public dancing, however, is not permitted. 4. If a cocktail lounge is to be maintained incidental to a restaurant, the required floor plans must show details of the cocktail lounge and the separation between the dining and lounge facilities. Not Applicable. 5. Food Service a. Will alcohol be sold without a food order? Yes, as due to the length of the one-hour musical sets. most patrons do not remain at the facility long enough to consume food. b. Will there be a kitchen on the site as defined in the Los Angeles Municipal Code? No on-site kitchen is included as part of this facility. 6. Will discount alcoholic drinks or a "Happy Hour" be offered at any time? Provide a copy of the proposed menu if food is to be served. -,-"N",oLL/N",o,-,t.LA"p",p,"li",caii!lb",l,,-e.~ _ D. PUBLIC CONVENIENCE AND NECESSITY EVALUATION The City of Los Angeles is very concerned if a new request to sell alcohol is subject to one of the conditions below. There is a strong likelihood that the City will deny your "public convenience or necessity" application if one of the above listed conditions apply to your site. (It is strongly suggested that you contact your Council Office and discuss your project. If the Council Office does not oppose your project, you should then check with your local area police vice unit as well as the Planning Department Public Counter at (213) 482-7077 for the determination of whether the proposed site is within a Specific Plan area, and the Community Redevelopment Agency (CRA) project staff at (213) 977-1682 or 977- 1665, to determine if your site is in a CRA Project Area. If any of the five conditions listed below apply to your site, you should carefully consider if you want to file for a Public Convenience or Necessity finding. Page 4 of7
1. The proposed site is in an area with a long-term level of undue concentration of alcoholic beverage outlets. The Hotel Cafe has operated in its current location since 2000 and has offered alcoholic beverages to its customers throughout this period without disciplinary action or receipt of community complaints. As this is a continuing use, a new license is not being added to the community. While the number of existing on-site sales licenses exceeds the number typically desired, the general character of the surrounding regional commercial neighborhood appears to be sufficient to continue to support this similar establishment. Further, the City of Los Angeles Zoning Administrator has imposed operational conditions on the facility that wiff continue to ensure that the restaurant wiff function with due regard to the surrounding neighborhood and not be materially detrimental to the character of development in the immediate neighborhood. The continued on-site sale of alcohol is proposed in conjunction with a live music venue. The Hotel Cafe seeks to offer different beverages to their customers while they enjoy musical entertainment and the overall ambiance of the venue. The Hotel Cate wiff offer alcohol only for customers sitting inside the venue and within the outdoor patio. Given the nature of the surrounding development in the community, allowing on-site sales of alcohol at The Hotel Cafe at this location wiff be proper in its relationship to the uses and development in the neighborhood. The area is located within a concentrated commercial area that provides a variety of entertainment and dining choices to the local and regional area and is developed with an assortment of restaurants, bars, lounges and related entertainment establishments that sell alcohol. As a result, the existing license count is anticipated and not an unlikely condition given that commercial uses are encouraged within the zone and plan and are, thereby, naturally concentrated along this corridor. 2. The geographic area is the target of special law enforcement activity, l.e., police task force is working on reducing vice in the area, or eliminating juvenile crime (such as cruising or graffiti) or gang activity. We are unaware of any applicable targeted law enforcement activity in the area. 3. The proposed site is in close proximity to sensitive uses, including schools, parks, churches, youth activities, homeless shelters, mental health or alcohol or drug treatment centers. The following sensitive uses are located within 600 feet of The Hotel Cafe site: Hollywood Education Literacy Project - 6336 W. Hollywood Boulevard Hollywood Pal - 6411 W. Hollywood Boulevard Ecclesia Church Hollywood - 6433 W. Hollywood Boulevard • Mision Christiana Intemacional - 1546 Wilcox Avenue • Lamus Make Up School - 1624 Wilcox Avenue Hollywood Regional Branch Library 1623 Ivar Avenue The following sensitive uses are within 600 to 1,000 feet of The Hotel Cafe: • Church of Scientology 6331 Hollywood Boulevard Scientology Test Center 6523 Hollywood Boulevard The Oasis - Zion Kids Club 1725 - 1727 Ivar Avenue
• Selma Park NWC Selma & Schrader • YMCA 1553 Schrader Boulevard Los Angeles Film School 6363 West Sunset Boulevard The Hotel Cafe's previous grant approval (i.e. ZA Case No. 2004-7795(CUB)(ZV)) allowed a license for a full liae of alcoholic beverages in conjunction with the live music venue. The Hotel Cafe has operated for seven years on that approval, and four years on the previous approval for beer and wine (i.e. ZA Case No. 2001-5824(CUB), without recorded incidents. Page 5 of 7
This portion of the boulevard is designated "Entertainment District Hollywood Regional Core" and has a concentration of commercial office buildings, significant entertainment venues including live entertainment, movie theaters, restaurants and commercial retail shops, The applicant's record of compliance with imposed conditions for the service of alcohol for on-site sale shows that there have been no detrimental impacts to surrounding sensitive uses. Furthermore, the applicant has worked with the Los Angeles Police Department and Office of Zoning Administration during the determination and execution of a security plan to mitigate potential problems associated with the operation of the venue with proposed accessory uses,
4. The geographic area has elevated levels of alcohol-related crimes, including but not limited to: public intoxication, driving under the influence, assault, vandalism, prostitution, drug violations, andlor loitering,
In the Determination Letter issued by the Los Angeles Department of City Planning's Zoning Administrator on October 22, 2013, the Zoning Administrator addresses alcohol-related crime concerns in the following statements:
"The number of licenses for both on-site and off-site sales is above the allocated threshold. However, tire request does not represent the addition of a new license as the request is solely for the continuation of existing sales where the license already exists and the proposed change in type of license will not result in any net gain in license count. According to the ABC License Query System, no current disciplinary action or disciplinary history has been found in association with the applicant's license." "The crime rate numbers are higher than those rates identified for the citywide average. A number of conditions to help safeguard the community and provide for a reasonable operation have been imposed as part of this action including the requirement for on-site security, camera surveillance system, alcohol-sales training and a term grant. The requirement for the term grant will further insure that oversight is maintained if subsequent favorable actions are pursued." 5. The proposed site is located in a Specific Plan or Community Redevelopment Agency Project area that specifically includes a policy to control future alcoholic beverage sales. The Hotel Cafe site is not located within a Specific Plan or Community Redevelopment Agency Project area that specifically includes a policy to control future alcoholic beverage sales. The Hollywood Redevelopment Plan only indicates the Agency will carefully review proposed Commercial projects in Residential areas that include the sale or service of alcohol. The Hotel Cafe site is not located within a Specific Plan area. E. If the project site is not SUbject to one of the above criteria, your project will be evaluated by the City Council with consideration given to the following possible benefits and detriments to the community: 1. Possible Benefits Would the business: a. Employ local residents (hOWmany) Yes, with exception of some of the performers. all of the employees will be local residents (approximately eight per shift). b. Generate taxes (provide estimate) Yes, this business has successfully operated at this location since 2000. as evidenced by its continued existence and through write-ups by such prestigious press outlets a';" Billboard magazine, CurbedLA. and the Los Angeles Times, with multiple 2012 and 2013 Grammy winning artists debuting that same material at this facility. c. Provide unique goods and services (which ones) Yes. very few venues like this. which showcase artists testing out new material before a public audience, exist in Los Angeles and this business has proven to be a successful operator since 2000. d. Result in -an aesthetic upgrade to the neighborhood (in what exact way) Yes. The Hotel Cafe. which has successfully operated at this location since 2000, maintains a clean and attractive exterior, and is conditioned through its City entitlements to continue to do so. e. Contribute to the long-term economic development (how) Yes, The Hotel Cafe is synergistically situated to provide a necessary service to Los Angeles' music and entertainment industries, while Page 6 of 7
benefitting from the increased business obtained due to the facility's proximity to these industries. Further. many of the venue's attendees become patrons of the other local businesses (e.g., restaurants and specialty shops).
f. Provide a beneficial cultural/entertainment outlet (specify) Yes, The Hotel Cafe has provided musicians a unique and intimate venue to test Qut their new material before a public audience. which enhances their work, as evidenced by the multiple 2012 and 2013 Grammy winning artists debuting their material at this facility. Additionally. this venue contributes to the puroose of the Hollywood Entertainment District that it is located within. 2. Possible Detrimental Impacts Is the immediate area in which the license is sought subject to: (Check with your local Police Department area "Senior Lead Officer") a. Excessive calls to the Police Department b. Police resources being already strained c. High rates of alcoholism, homelessness, etc. d. Large "youth" (under 21) population 3. With regard to the operation of the proposed business explain: a. The method of business operation: (large volume of alcohol to food sales, "late" hours (after midnight), high % unskilled (no ABC training class) staff, high % of underage (under 21) staff, etc.) The Hotel Cafe is reguired. pursuant to City Planning Case No. ZA-2012-3049 (CUB)(ZV) to comply with 33 different conditions of approval. Many of these conditions are operational in nature and relate to service and sales of alcohol. For example, The Hotel Cafe staff must be trained via the Los Angeles Police Depariment's Standardized Training for Alcohol Retailers (ij.k.a. "STAR Training") and an electronic age verification device must be utilized to confirm that patrons are 21 years or over. A copy of City Planning Case No. ZA-2012-3049 (CUB)(ZV) is attached to this application for reference. b. Would the business duplicate a nearby business already in existence? No, The Hotel Cafe is an extremely unique venue. The Hotel Cafe is a smalilintimate live-music venue where singer/songwriters can test and perform new material in advance of general public release. It is uniquely situated to provide a necessary and valuable seryice to the Los Angeles-based music and entertainment industries, given its proximity to these industries. c. Other non-alcohol sales business options available so alcohol does not have to be sold, e.g., more specialty products, broader range of items like fresh meats or fruits and vegetables, etc. No / Not Applicable - A kitchen is not included as part of The Hotel Cafe as it is operationally superfluous. Due to the length of the one-hour musical sets, most patrons do not remain at the facility long enough to consume food. The City Council will evaluate these factors and make a decision on the overall merits of your request. Therefore, you should answer below as to why you believe any of these above listed beneficial or detrimental conditions apply to your project and provide any documented proof to support your belief:" Answers to the "above listed beneficial or detrimental conditions" applicable to The Hotel Cafe have been provided above under each listed item/question. Additionally and where applicable, documentation that supports these responses and/or statements has been attached to this application .
•• You may add additional pages to your response if needed. Please utilize numbering system of this form to assist in the review of the responses. Page 7 of 7
F. APPLICANT'S AFFIDAVIT
Under penalty of perjury the following declarations are made:
a. The undersigned is the owner or lessee if entire site is leased, or authorized agent of the owner with power of attorney or officers of a corporation (submit proof).
b. The information presented is true and correct to the best of my knowledge.
Datel I Signature of property owner if tenant or lessee is filling application
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State of California
County of to, !I'''clies . . On ;/( VIJ4ILI beforeme 0a-Iolrs+ Ho-fOIJ-.1\A"'t·,,\ 0'+00 fol.<.bl<'~ Date ~ I IA I Name 01 Nota Pubiic and Tltle personally appeared ~.""IIM' I ;d-lI' jVIrJ-VVl, \\J\.V\; >-1/\ , who proved to me on the basis of satisfactory evidence to be the person($I) whose narneie) is/"'" subscribed to the within instrument and acknowledged to me that he/shdb&y executed the same in his/heH!i;eir authorized capacltyses). and that by his/h
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,------".- -,,-
WITNESS my hand and official seal. GALOUST HAROUTUNYAN ;;; COMM. # 1997304"" a:: NOTARY PUBLIC· CALIFORNIA .n > LOS ANGELES COUNTY • My Comm. Explles Nov. 5, 2016 ~i•• u_ •• " •• _. " ." • ._. __ ._._ ... __ • _•• ,_ ...... ,", <" "j.
The Planning Department has a list of private map makers who will prepare the names and addresses for you. This list is available at the public counter, 201 North Figueroa Street4th Floor, or 6262 Van Nuys Boulevard, Van Nuys. Alternatively. you may obtain a list of such adjoining owners from the City Clerk's Office (Room 730, 201 North Figueroa Street) or from a title company and prepare the labels yourself.
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APN: 5546-008-008 1635NCAHUENGALLC CAHUENGA BL ENTS LLC FOMMINC 1777 SAN VICENTE BLVD 2005 WILCOX ST #311 8859 DUARTE RD LOS ANGELES CA 90049 CASTLEROCK CO 80104 SAN GABRIELCA 91775-1507 DIRECTOR OF PLANNING DIRECTOR OF PLANNING DIRECTOR OF PLANNING CITY OF BEVERLY HILLS CITY OF BURBANK CITY OF GLENDALI!: 455 N. REXFORD DR 275 EAST OLIVE AVE 633E. BROADWAY #103 BEVERLY HILLS CA 90210 BUREANK CA 91510 GLENDALE CA 91206 DIRECTOR OF PLANNING DIRECTOR OF PLANNING LACMTA CITY OF WEST HOLLYWOOD COMMUNITY REDEV AGENCY I GATEWAY PLAZA 2STHFL 8300 SANTA MONICA BL. 354 S. SPRING ST. #800 LOS ANGELES, CA 90012 W. HOLLYWOOD CA 90069 LOS ANGELES CA 90013 CITY OF LOS ANGELES LA UNIFIED SCHOOL DISTRICT DEPT OF BUILDING & SAFETY DEPARTMENT OF NEIGHBORHOOD 355 S GRAND AVE #500 MAIL STOP 115 EMPOWERMENT LOS ANGELES, CA 90071 201 N. 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