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APPLICATION FOR DETERMINATION OF "PUBLIC CONVENIENCE OR NECESSITY" ALCOHOL SALES

Pursuant to Section 23958 and 23858.4 California Business and Professions Coda

TO BE SUBMiTrED TO CILY CLERK'S OFFICE ROOM 395, CITY HALL

COUNCIL FILE NO.

BACKGROUND INFORMATION TIME LIMIT FILE: / ' % / rJ&

As part of the appiication, the applicant must sub!Tit the names and addresses of propert owners of all propert adjacent (including across the streetJalley) to the subject propert 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 propert from each side of the site, and 4) a copy of all previous building permits for the site (Room 400, 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 JL ~Ovr kt,+ Address Type of Business en, ti N,rki 'J6rO~b hhOtf 1M ~~V\~t-' l: Ú"j Gfln Lùc.dQmJ31 e.W\V\%\y~~ Applicant ifeY1Ll() l.-ON mY5 ¡:, Ge~C1~v. ll An~£s CA qObb3 Address 0 n - '~~ - ¥Io(.

Phone Number/Fax Number Propert Owner LWM ~& SU'ln ew~ Name ,9 ~ LN. A' ff\ Ù ¡: 5r !"S ÄV1 E k.s CA qUl?- Address3i~ ~ ai;9 - 51 65

Phone Number/Fax Number

Representative ~t; c~j"~~I"ß, r\lutLDtLß~ CP q 0 'J03 Address 310.. ~ '):)- 0l-Lf

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 beve~ sales ~hiS site? 6 Yes -l No _ If Yes, what is the City case number(s) 2A - Of. - d. \ - CJ

2. Have you recently fiied for a new condiionaiuse p~;mil? Yes _'~o. Á. If Yes, provide the City case number(s) Page 2 of 6 3. ~' 4. Type of Alcohol Sales Requested (on- or off-site, beer and wine, full aicohol, etc.): OFf - SA-I~ e,aie kND LOINE: 5. Size of Business _l~ laid ~ ' 01

6. % of floor space devoted to alcoholic beverages 5mCLii-or--h OY, A1r Rv X. 5-101IJ

7. Hours of Operation:

a. What are the hours of o¡:eration a.._ 'Yhich, day~ ¡of the week W¡ll the establishment be open? II -JEV N -'S we;~

b. What are the proposed hours of alcohol sales?'lt\ in Il~Wl- SEII8I\ \)S A- (.¡ž).(

8. Parki ng: a. Is parking available on the site? (If æMso, how lJ many~slnce~?~ lOCú' I iruv\tÁ ,g: b. If spaces are not available ~r t e site, have arrangements been made for off-site parking by lease or covenant? 1'\

c. Where? N J A d. How many off-site spaces? N/A 9. Has the owner or lessee of the subject propert been suspended from the sale of alcoholic beverages on the subject propert or fined by the Alcoholic Beverage Control Department (ABC)

in the last 355 days and if so, for what reasons? Provide ABC case number and a copy of final ABC action. f\ 0 .

10. Wil video game machin'ls(or pool or billiard tables be available for use on the subject propert and if so, how many? I\J a . 11. Will you haves signse. (l--visible ll, 'l'Llh'j n \'!!tsidi;14(J. which advertise the availabilit of alcohol?

12. How many employees will you hav'ton the sitE¡ at any given tim~7l' ' b' 6I P lb IA6IS tvY\(. , rle- . 13. alcohol?Will all em loyees who sel~ S~ alcohol l' att d the10 local State. ABCi1 traioing l\tr~ cla~i on ~q~ to

14. What- security measures will be taken including':

a. Posting of rules and regulations on t-he prmises to prevent such problems as gambling, loitering, theft, vandalism and trancy.

b. Wil curity guards be provided and if so, when and ~ many? ef t( í \ \ 0~ (ii bVU~ belW.e£ ~ íL~ 11m,. on Fr¿i A~ íG~ Só'AV(~. Page 30f6

15. Will there be mi~imum age requirements for patrons? If so, how will this be e~forced? 0 . ~~j' ~I (~~ Oc~ +his j' t-t1I-5eV1tb , i\i . ctv ~ i J\Jc~ Vend ClSSo(-l-Lt 5un&ries,

16. Are there any other alcoholic beverage outlets within a 600-foot radius of the site? Provide names a d address of such business and type of business. Sv ey vn

17. Are there any schools (public or private and including nursery schools) churches or parks within 1,000S feet ~ of yourodl-rÀcltJ proposed business? Where? (Givell. Address)

18. Will the exterior of the site be fenced and locked when not in use? 'I es -f Ue" iS Vv pM we k W\ flu -l LT cL. 19. ølD B. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED WHERE ONLY THE OFF-SITE SALE OF ALCOHOLIC BEVERAGES iS SOUGHT:

1. STDi2

2. Wil cups, glasses or other similar containers be sold which might be used for the consumption of liquor on the premises? NO.

3. Will beer and wine coole e sold in single cans or will wine be sold in containers iess than 1 íiter (750 ml)?

4. Wil "fortified" wine (greater than 16% alcohol) be sold? N D .

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)?

2. What is the proposed seating In all areas?

3. Is there to be entertinment such as a plano bar, juke box, dancing, live entertinment, movies. etc.? (Specify)

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. Page 4 of6

5. Food Service

a. Wil alcohol be sold without a food order? b. Wili there be a kitchen on the site as defined in the Los Angeles Municipal Code?

6. Wil 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.

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 denv your"public convenience or necessity" application if one of the above iisted conditions apply to your site. (It is stronclv suggested that you contact your Council Offce and discuss your project. If the Council Offce 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) 977-6083 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 or977-1665, 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 fie for a Public Convenience or Necessity finding.

1. The proposed site is in an area with a long-term level of undue concentration of alcoholic beverage outlets.

2, The geographic area Is the target of special law enforcement activity, i.e., police task force is working on reducing vice in the area, or eliminating juvenile crime (such as cruising or graffti) or gang activity.

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,

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, loitering,

5. The proposed site is located in a Specific Plan or Community Redevelopment Agency Project area which specifically includes a policy to control future alcoholic beverage sales.

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 benefis and detriments to the community:

1 . Possible Benefits

Would the business:

a. Employ local nesidents (how many) b. Generate taes (provide estimate) c. Provide unique goos and service (which ones) d. Result In an aesthetic upgrade to the neighborloò (In what exact way) e. Contribute to the long tenn economic development (how) f. Provide a beneficial cultural/entertinment outlet (specify) Page 5 of 6

2. Possible Delrimentallmpacts

Is the immediate area in which the ilcense is sought subject to: (Check with your local Police Department area "Senior Lead Offcer")

a. Excessive calls to the Police Department b. Police resources being already strained c. High rates of alcohoilsm, homelessness, etc. d. Large "youth" (under 21) population

3. With reoard 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.) b. Would the business duplicate a nearby business already in existence?

c. Other non-alcohol saies business options available so alcohol does not have to be sold, e.g., more specialty products, broader range of items like fresh meats or frits and vegetables, etc.

The City Council wili 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:"

SBt/ (L-t~c h,( d ' Page 6õT6~ F. APPLICANT'S AFFIDAVIT

Under penalty of pe~ury 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 offcers of a corporation (submit proof).

b. The information presented is true and correct to the best of my knowledge. '" ~" fi-

\1--) CJ ) -z Or( ~7 , . /. t'. Date ,Signature of propert owner if tenant or lessee is filling application

*.. * *. .. * *.. .

State of (~ lA;f u \: lJ" Ii

County oijX;ç ti IJ/íG I ~ ;; On \~) 'iJ, I ¿,G/J .7 before me, J.ú 15 :¡í4.s $'S rzA.1 l)¡;?4 01 ' hLßl¡ L t Name or Notary Public personally appeared 1xUGTI:O ralX l€uiJ -2?-l)lj ¡yA-Pt- ~tl \\J ~~~ ('veU Nain(s) of Siener(ii) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrment. .

WITNESS my hand and offcial seaL.

~'~-,. Wi, E ¡;'SSARA _r;"'~" i";:ç l, Commission-.. ---~. # i -576024 - -~ L üÜ ~.1CU£1,,~) ~ ~~~,~"~::; Notary PUbliC,. M Californ'ia ~ Signalure of Notary Public ~~p:rE'SJ~!i_il,2009A ~~",:;¥J Los P.nge!es County -

* The Planning Department has a list of private map makers who wil prepare the names and addnesses for you. This list is available at the public conter, Room 300, Counter N, 201 Nor Figuero Street or 6251 Van Nuys Boulevard, Van Nuys. Alternatively, you may obtain a list of such adjoining owners frm the City Clerk's Ofce (Room 730, 201 Nort Figueroa Street) or frm a title company and prepare !h labels yourself.

** 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.

CP-7612 (10/22/01) P:IWORDPROCICPFORMSICP7000\7612.wp Page 7 of9

A TT ACHMENT TO APPLICA nON FOR LPCN

Response to Ouestion Number 11:

Yes. There will bc advcrtising when specials are featured for the various products offered at this market, and this advertising may also include bcer and winc.

Response to Ouestion Number 13:

All employees shall attend a Standardized Training for Alcohol Retailers (STAR) session sponsored within by the Los Angeles Police Department.

Response to Ouestion Number 17:

1. Chinese Assembly of God, 1 iS S. Avenuc 22 2. Lincoln Heights Church of Nazarene, 124 S. Avenue 22 3. Praisc Chapcl, 2614 Yi N. Broadway

Applicant's Articulation of How Mr. Leon's Market Shall Meet the Public Convenience or Neeessitv of the Local Community

The JL Meat Markct is a neighborhood market, owncd and opcrated by a local resident, Jenaro Leon. Mr. Leon employs sevcral local residents. Mr. Leon's market is a grocery store that offers a full-line of products including food, milk, DVD's, motor oil, baby items, cleaning supplies, party supplies, umbrellas, icc, and laundry detergent. There is no other market similar to Mr. Leon's markct within a i ,000 foot radius.

However, the best articulation of how the JL Meat Markct will serve the local convenience or neccssity is stated on page i 5 in the rcccnt Decision to Approve a

Conditional Use Permit for the oft~sale of beer and wine by Zoning Administrator, Albert Landini. After a public hearing on the matter, receiving input form the Los Angeles Police Department, thc local Councilman's Office, the community and Mr. Leon, Al Landini hcld as follows:

"The location of the project will be desirable to the public convenience and welfare because there are no small neighborhood markets catering to the local community within a 1,000foot radius which offer the sale of beer and wine for off-site consumption.

Moreover, this is an cxisting business and only a small portion of floor space wil be allocated to bccr and wine. This is neither a liquor store nor a store that in any way primarily sells beer and wine. As the attached photographs show, this business offers a variety of groccrics to serve the local conveniencc and welfare, including food, milk, Page 8 of9 baby items and produce. In order to provide all of the items that its existing customers want so that they may reduce the number of trips they make to the market, and which will keep these customcrs coming back, it is necessary to provide the full complement of items including beer and wine rather than a limited selection. Moreover, customers have asked the owner of this establishment on a daily bases when and if they are going to offer beer and wine in conjunction with the grocery items now listed."

Mr. Leon volunteered numerous conditions and Mr. Landini imposed several other conditions to cnsure that the JL Meat Market would not havc a detrimcntal impact on the neighborhood. These volunteered conditions include:

i. Thc prcmises shall be closed for business to the public no later than 11 p.m. 2. There shall be one uniformed security guard, certified by the State of California, at the licensed premises between the hours of 7 p.m. and 1 i p.m. on Fridays and Saturdays. 3. No fortified wines shall bc sold. 4. No becr or malt beverage product, in a container of 16 ounces or less, shall be sold in quantities of less than six per side.

5. The primary use of the premises shall be as a grocery store and not as a liquor store. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under which are under control of the applicant.

The proposed business model wil ensure that Mr. Leon's market operates as a grocery store and not a liquor store. Only a small amount of beer and wine wil be sold, compared to the vast number of other products offered by the JL Meat Market. Mr. Leon's market shall close at 11 p.m. every night. All employees shall be required to attend the Standardized training for Alcohol retailers (STAR) session sponsored by the Los Angeles Police Department. Additionally, no person under the age of 21 shall sell alcoholic beverages.

This is the third neighborhood market that Mr. Leon has owned in the East Los Angeles area. lIe previously operated a neighborhood market before the Los Angeles Unified School District took that market utilizing its eminent domain powers. Mr. Leon did his duty as a citizen, and relocated that previous business to the current location at 2131 N. Broadway. However, unbeknownst to him when he purchased the current location, Mr. Leon was not entitled to sell beer and wine, which, in order for a local neighborhood market to stay in business, it must offer a small amount of beer and wine in order to attract and retain customers that will purchase the many other products offered by Mr. Leon's store. Mr. Leon's vast experience with running these types of markets, and the current failing nature of this market prove this to be true. Mr. Leon's market offers numerous amounts of unique and ethnic foods in order to serve the local community, including but not limited to:

1. Ethnic spices 2. Ranchera (Beef Skirt), Pagc 9 of9

3. Diemillo (Top Sirloin),

4. Espaldilla co stil as de res para asar (BcefRibs To Barbeque), 5. Chamorro (Cow Leg), 6. Lengua (Tongue), 7. Torsos de res (Beef Chunks), 8. Patas (Cow Feet),

9. chuletas (Beef With Bones, Like Pork Chops), 10. Milanesa (Breaded Stcak),

11. Rostres co still as para caldo (Beef Chunks For Soup), 12. Igado (Liver), 13. Came molida (Ground Becf), 14. Cesina (Meat For Beef Jerky) 15.1'0110 entcro (Whole Chicken), 16. Picma con muslo (Chicken Leg), 17. Pechuga con y sin hueso (Chicken Breast With Or Without Bones), 18. Viste de pollo y marinado pollo marinado (Chicken Breast Marinated) 19. Costilla de Puerco (Pork Ribs), 20. Trosos chuletas (Pork Chops), 21. Mix para (Dough For Tamales), 22. Posolc patas moronga longanisa ( Links), 23. (Sausage Links), 24. Pork butts (Marinatcd Pork), 25. Chicharon (Pork Rinds), 26. Camitas (Shredded Pork Meat) 27. Queso (Cheese), 28. Fresco qucso (What Is Leftover of Cheese After Taking Out The Fat), 29. Cotija (Monterey Cheese), 30. Crema requeson (Sour Cream) 31. Cotija en polvo vcrde roja (Chili Green And Red), 32. Hamon (Ham),

33. Y que so de Puerco (Pork Cheese), 34. Hamon de pavo (Turkey)

As alrcady held by Zoning Administrator Albcrt Landini in April 2007, Mr. Leon's Market will serve the public convenicnce or necessity. It is a local owned and operated market, that not only will cmp10y local residents, but will also serve thcir needs and convenience by providing an array of products. Currently, Mr. Lcon is unable to run this busincss profitably without the ability to scll a small amount of beer and wine. His experience in other locations with idcntica1 business models has shown that the offering ofa small amount ofbcer and wine will allow him to operate thc business profitably and thereby provide a wide array of products to meet thc public convenience.