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HomeMy WebLinkAboutPowerPointsCALIFORNIA NATIONAL CITy FNCORPORATED Public Hearing Revocation hearing of 2010-33 CUP for live entertainment at McDini's located at 105 E. 8th St. 2013-11 R Previous Action: CALIFORNIA NATIONAL CITY ➢ City Council Resolution 2012-49 for 2010-33 CUP required annual review. ➢ March 4, 2013 — PD presentation on activities at McDini's Bar/Restaurant within previous months. ➢ Commission set revocation hearing for June 17, 2013. CALIFORNIA History: NATIONAL CITY ➢ Type 47 alcohol license (On -Sale General Eating Place). ➢Non -conforming. ➢ CUP-1986-10 extended alcohol sales hours ➢ 2009-10 CUP requested extended live entertainment hours, dance floor, stage — denied. ➢ Partial approval of expansion, exception for parking. ➢ 2010 - stipulated judgment barred all live entertainment. ➢ 2010-33 CUP permitted live entertainment again. CALIFORNIA New Info: NATIONAL CITY ➢ PD report alleges multiple incidents between February 2012 and May 2013 . ➢ Staff issued Notice of Violation per stipulated judgment. ➢ $6,000 in fines be paid within 30 days. ➢Despite 30-day extension — no fines yet paid. ➢ McDini's asked to provide food/beverage statement per 1986 approval. ➢Alcohol sales to be less than 50% (incidental). ➢ Statement showed 50% (not incidental) — audit yet to be conducted. CALIFORNIA Hearing: NATIONAL CM ➢ Opportunity for PD to present facts to support revocation. ➢ Opportunity for CUP holder to respond to allegations and present evidence. ➢ Public hearing held pursuant to 18.12.050 ➢ Presentation — response — public comment. ➢ Formal rules of evidence do not apply. ➢ Commission acting in quasi-judicial capacity — determine if facts are present. ➢ If facts determined — revoke CUP. CALIFORNIA Hearing: NATIONAL CM Findings [per Section 18.12.110(H)(1)(a)]: ii. That the conditional use permit is being exercised in a manner contrary to any law or condition of approval imposed upon such conditional use permit; or ➢ iii. That any use or uses pursuant to such conditional use permit is being, or has been, exercised in a manner detrimental to public peace, health, safety, or welfare, or in a manner to constitute a public nuisance. ➢ Once all information presented, finding needs to be made for each individual violation, if facts found. McDini's Conditional Use Permit Planning Commission Hearing June 17, 2oi3 Why are we here? (This isn't the first time) Blatant disregard for state and municipal ordinances. Disregard for public safety. Broken promises. Failure to manage a restaurant within prescribed guidelines. What type of ABC license does McDini's have? McDini's currently has a Type 47 ABC license (since 2008). Why is this important? What does it mean? What is a Type 47 ABC license? r On sale general — eating place -(restaurant). Sale of beer, wine and distilled spirits for consumption on the licenses premises. ➢ Sale of beer and wine for consumption off the licensee's premises. • Must operate and maintain the licensed premises as a bona fide eating place. ➢ Must maintain suitable kitchen facilities. ✓ Must make actual and substantial sales from meals for consumption on the premises. Minors are allowed on the premises. Examples of Type 47 ABC licensed establishments OUTBACK STEAKHOUSE' PIER 32 WATERFRONT GRILL • Bona fide eating establishments. They have substantial sales from meals for consumption on their premises. Mr. Adler's own words tot e ' anning Commission on August 17, 2009 •"...As opposed to making more of an entertainment venue, the actual surprise here is, aside from the entertainment that is already in place, we want to make it more into a coffee shop and a diner." •"...We're not going after any bars per se. We don't even want to be considered a bar. If I hear that word, it's a three letter word that I can't stand..." •"...So I'm going to be really honest with everybody here...I'm going toy take responsibility personally for the last 37 years of everything that's happened in that block...I'm going to take all the responsibility...because in 37 years, what I should have done, is I should have stood up and I should have called the police. I should have said, hey, the guys vomiting here, the guys urinating here, they're breaking windows, they're making a mess. Do something about it. I never did. But I'm going to take responsibility..." Mr. Adler's own words to t e P anning Commission on August 17, 2009 • "...Furthermore, if I see this stuff happen again, I'm the business manager at McDini's, my son is the owner...If there is any problems there, I'll shut the place down myself. I'm not going to let this place get out of hand. What I saw in 37 years is not going to come back..." 1 • "...This is going to be a great family facility. It's going to be for kids. You can bring your grandchildren there, your grandmother, your,' wife, your spouse, your girlfriend, whatever. Everyone is going to be welcome there...If I find something I don't like, I'll shut it down immediately. Because as much as we want to make money, we respect the police department..." MI- je,, :ee) :s, tutcpw McDini's: (aka: "Bar clogs 05") SRESTAURA 115EMHIRTARNE the leledan AWINIS RFSWR. IIIIIi /11R. In reference to adding a dance floor... "We're actually proposing a small area, maybe 18 ft x18 ft that fits 20 people." — Mr. Ben Adler (08/17/2009) Facebook photo for "Bar 105" posted on April io, 2013 Ij • This is not a restaurant. • No mention of cuisine on the advertisements. • Names the premises as a "bar" or a "nightclub." No mention of a restaurant on the advertisements. @BAR 105 CALL 111,511.4111 I Ilg.igl.147T GUEST-U$T ww*.BELOSANDIEGO uM iiii4 1+ FREE BEFORE 1 O 30 PM 1g5 E 1111 STREET NATIONAL CITY CA www.BELOSANDPEGO co.A1 eb BAR 105 p 5 ATM STRE T 91 F ININIE CITY CAS 1959 BAR105 PRESENTS pAp s IJ SATIUERDAY� - 5TH Vs.r HOSTED BY PECIAL ST FROM THE CAST OF THE BAD GIRLS CLUB 103 EAST ETH STREET, NATIONAL CITY CA 1119S0 LIVE MODELS IN D.J, SPINNING DRESSES & SKIRTS FREE HIP -HOP I R&B I TOP 40 BEFORE 10PM BAY AREA DIRTY SOUTH 21+ FREE BEFORE 10:I5PM INFO: TEXT 6 1 9.581 .4 1 4 1 BAR 105 1105 E. 8TH ST. NATIONAL CITY, CA 91950 FLYER DESIGNED BY W W W K1NR8EZINIG CON D. I. SPINNING HIP-HO P • R&B • TOP 44 • RAY AREA • DI RTY SOUTH ALL DRESSES & SKIRTS FREE B4 10PM I ALL 21+ FREE B41015P INFO & G VEST LIST, TEXT619.581.4141 BAR 105 a 10E. OH ST. NATIONAL CITY, CA. 01950 FL YL R nIsilvtipo SIP WW RAMP&[ tJN[ CON BAR 1051 105 E. 8TH ST. NATIONAL CITY, CA 91850 I DOORS OPEN 0 9PM Moe UP SIITURDIIY liflY 11, 1013 $$CONTEST AT MIDNIGHT @BAR FOR GUEST LIST & 1 05 INFO 619196.11177i e$3 DRINKS, s nos F_ am 5/ NATIONAL CM; CA 91960 DOORS Ornktee 4FIRLUAY, MAY 3 .FP. RAR 105 off& 619.696.1477 FOR GUESTUST& INFO BAR 105 105 EAST81H ST. NATIONAL CITY, CA 91950 DOORS OPEN @ 9PM BELO MOVES TO 105 SMIRDAYS 105 E 8TH ST. .AP 105 2,111110,1,•,11,f/11, SAT. APR IL 131 H 2013 .111, / PERFORMING IDIRMITIKNIICIFFS' )romVirafteappnorrevilawn. PMEN wpm 3312.0031113111.1ERMIHMICIPIAIn1,11“....46 • ----- Ifir.ATED BAR 105 105 a 3,1ST .113,TIC3.311- CITY, cA 91959 JOE MOSIrSaFEAT. .TYCIA RATCF ETS `....1 , 2 roam 3 it,...., O 0 .. 4 Eme, 2 lam g Iiil 1 f ■■ s- CIO 6 i=1 M 1 dWilW u W C=11 I HOTTEST 18/21+ DESTINATION SATURDAY NIGHTS FOR GUEST LIST & MORE INFO (019)106-1477 BAR 105 I 105 E. 8TH ST. NATIONAL crri, CA 91950 I DOORS OPEN @ 9PN1 BAR 105 SATURDAYS PRESENTS SAT. APRIL 13TH 2013 '61 I PERFORMING "I DO 11 FOR THE RATCHETS" & MORE HOSTED BY @LUVMESUMLONZO & J.E. SINCERE MUSIC BY D.J. PRINCE & D.J. CANNON FOR INFO PLEASE TEXT 619.581A141 DOORS OPEN 9:301:1 NI SHARP [ ALL DRESSES & SKIRTS FREE B4 1 M DRESS CODE HIGH PROFILE // FASHIONABLY FRESH // NO HATS LOCATED I BAR 15/ 105 E. 8TH St NATIONAL CITY; 91959 FLYER DESIGNED BY WWW.KAHRAEZINK.CONI SD'S ONLY 18/21 4- SATURDAY NITE CLUB 1ST 100 LADIES I ALL rtiourAmr I AU— COCLEGES FREE HALF OFF I HALF OFF FOR MORE INFO TXT HIRmUglib P If R&B If DUB STEW/ HOUSE 619 5B1 —4141 i0 if/ ETECTRO ft DIRTY SOUTH LINE RM AT 9:15PM E MCDINIS 1051 8TH ST NATIONAL CRY, CA_ 91950 4 DESIGNED a Y WWW.KAHRAEZINK.COM- 14081FEI F sINCERE 61.LivmE51.11YR.ONZQ FIR ppm %IF, guru SERVICE DJ MEMPHIS & DJ CANNON SPINNING SLIEST PLEASETEG SMUT 4141 HIP 1{10P R MI le' TOP 40 OR 11MMIER,CCIVA5INCERE IMF AREA. // DIRTY WAR Men CODIV: ALLOFIESSES & SJNJOS FREDA 10: 15PIA HIGH PROFILE / IFASHICIMMY FRESH ALL roomy HALF nrF ALL gI FREE TIEFITRE 10; 1.51M INCIFM OPEN IR5 "30 114% SWF BAR 1 05 105 E. EiTH ST. NATIONAL CRY, CA. 91950 rvi011,I011 Ng NONY'll,KAIIIIILIIINK.C4:1101 BAR 105 SATURDAYS PRESENTS sATU R [AY ALL 21+ FREE R410:15PM MILITARY HOTSPOT HOSTED BY J.E.SINCERE & @LUVMESUMLONZO D.J. CANNON SPINNING INFO TEXT 619.38144141 HIP -HOP I / R&B II TOP 40 // DOORS OPEN @ 9:30PM SHARP BAY AREA // DIRTY SOUTH DRESS CODE: HIGH PROFILE II ALL DRESSES & SKIRTS FREE B4 10:10PM FASHIONABLY FRESH // NO HATS BAR 105 105 E. 8TH ST. NATIONAL CITY, CA. 91950 FLYER RESIGNER RV W W W. M A N R A E Z I N K. C 0 14 SERVICE kerrif SNOTS ® BEERS SS WELLS C15 -E t Slie Sweet NATIONAL CITE. CA 919511 SOUNDS BY Di CANNON + I?.I 11 1 i DADDY INF41'M IP (4») 3974733 1 FRI! PARTY M.P. 111491 717.4440 MC DINIE}S/ :OENTHU-SPN BUST 18T0 GREAT CHEAP BESTTRAPP COMPT ALL 1 Q5 GET 1 DRINKS!! ERS FROM SEAN DIEG O' OIL; DETROI1 P AND OVERiTHE GHETTO! WATTS, NO DRESS CODE!! JUST MC DINIE'S I BAR 105 IS LOCATED @ 105 8THAVE IN NATIONAL CIi s,�FI_`l1 BAR 1 0 B SATURDAYS PRESENTS 09 2013 FINATTICZ HIT SINGLES "MINT DROP YOUNG GEE HIT SINGLES "I'M HOOD" FEAT THAT TWIN INN" FEAT TYGA F-40 & OMRROHGH ,II "IM DOPE" "BANG BOW" FEAT RAY J. "GRIFFIN 1,18E WATER" FEAT THE FINATTIC! HOSTED BY YELLOW NIGRO D.J. SPINNING CANNON HIP -HOP 1! R&B // TOP 4011 BAY AREA// DIRTY SOUTH ALL DREL FREE I DOORS OPEN 9:30PM SHARP ALL 21+ FREE BEFORE 10PM 1! INFO TEXT 619 581.41411 F LYE R DESIGNED BY W W W. K AMR A E Z I. N K .. t Q M McDini's has conditions with the Type 47 ABC license • Alcoholic beverage sales shall be incidental to food service. • No dancing shall be permitted on the premises. • Live entertainment shall be permitted only on Thursdays, Fridays, and Saturdays until midnight (12:00 midnight). • Operation of the licensed premises shall at all times be in accordance with National City Council Resolution Number 15,121. What is a Type 48 ABC license? "ON SALE GENERAL —PUBLIC PREMISES (Bar, Nightclub): This is not a restaurant... Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Food service is not required. Minors are not allowed to enter and remain (exception for musicians). UP �- SATURDfiY MRY ii, 11113 $$CONTEST AT MIDNIGHT @BAR FOR GUEST LIST 1 05 INFO 619196.1477 - D RINKS R 7' D5 1 i O S E a1H 5t NA TE°111i4. CIT GA 91�95° DOORS OPEN . Why Is All This Important? ➢Because we have been in this situation before! McDini's was closed by order of the San Diego Superior Court in 2010. Why? ➢ Violations of ABC conditions on their license. ➢ Violations of their conditional use permit. ➢ Being a danger to the public. ➢ Being a public nuisance. Violations of the conditions on McDini's ABC license: In 2009, NCPD received complaints about violations of McDini's ABC conditions. NCPD conducted three undercover operations confirming the violations. These violations included: Dancing during two of the operations. Live entertainment after the designated hours and on days when live entertainment is not permitted. Three cases were submitted to ABC. ABC's actions against McDini's resulted in a fine against McDini's of S3,00o in lieu of having their ABC license suspended. A danger to the public... • Construction issues prior to obtaining a new C.U.P. Load bearing walls removed without proper engineering and permits. Failure to comply with Fire Marshal regulations. Failing to install a sprinkler system when mandated. Overcapacity during entertainment events. • Lack of qualified security Guards were untrained. Guards were not licensed or permitted. • Another violation of the law. • Creating an environment that promotes violence. • Telling victims/witnesses not to call the police. • Intimidating neighbors. A Public Nuisance ➢ December 2009: NCPD submitted a letter to ABC notifying them that McDini's constituted a "public nuisance" for the following reasons: y Excessive calls for service. • Non-compliance with ABC conditions. ✓ Inadequate security. > Security guards not properly permitted/licensed. y Complaints from neighbors. ➢ Non-compliance with the existing C.U.P. ABC's response to the "public nuisance letter:" ABC sent a "24200 B&P letter" to the Adlers. Violations of their Conditiona Use Permit The Adler's violations of the C.U.P. are what eventually closed McDini's down. In March, 2010, the City obtained a court injunction by the San Diego Superior Court to close McDini's. • The violations included but were not limited to: Starting construction without permits under a new C.U.P., improper engineering for ongoing construction. Failing to install fire sprinklers and have the system inspected by the Fire Marshal. Proactive measures by the City and Police Department to no avail in correcting the problem The Police Department met with the Adlers in 2008 and explained what being a responsible ABC License holder entailed. ➢November 4, 2009, City Manager Chris Zapata organized a meeting with the Adlers and their representation to address problems. On November 24, 2009, Ben Adler, Victor Gonzalez (head of McDini's security), Jodi Doucette (Asst. City Attorney) and Sgt. Young met to further address the problems at McDini's. Proactive measures by the City and Police Department to no avail in correcting the problem ➢ On December 5, 2009, Ben Adler (McDini's owner), Arthur Sloan (Attorney for McDini's), Jodi Doucette (Asst. City Attorney), Chief Adolfo Gonzales (NCPD Chief), and Sgt. Young met again after receiving further complaints from neighbors. ➢Attorney Arthur Sloan told the Adlers, "they had to stop this activity because in court their actions were indefensible from his stand point." Here we are again.... We have the same issues We have the same owners We have the same complaints from neighbors We have a different C.U.P. that gave the Adlers and McDini's more activities, yet the problems are the same... New resolution to the C.U.P. conditions: "If any incidents involving calls for service involving any types of violence occur in a 12 month period at McDini's or adjacent areas and the police department responds...McDini's agrees to penalties:" 1st incident = $1,000 2nd incident = $2,000 3rd incident = $3,000 There were FOUR violent incidents at McDini's from March 14, 2012 through March 14, 2013. Incident #1 Saturday, October 20, 2012 - 1:30am NCPD Case #1206322 - Felony Battery A male victim was punched in the face two times in the parking lot of McDini's at about 1:3oam by a male suspect. Victim suffered a fractured jaw which required surgery. The sole McDini's security guard working when the incident occurred said he did not see the fight. He also said he was the only security guard working on Sat., Oct. 20, 2012. Incident #2 Friday, December 21, 2012 2:03am NCPD Case #1207728 — Assault w/ Deadly Weapon A female victim was struck with a bottle after a fight ensued between bar patrons and bar security just outside the bar. Incident #3 Sunday night to Monday morning, January 20/21, 2013 00:00-1:00am NCPD Case #1300451 - Felony Battery A male victim was punched in the face just outside the bar shortly after midnight by another male suspect. The victim suffered a fractured cheekbone. Incident #4 Thursday night, March 14, 2013 - 9:27pm NCPD Case #1301677 - Felony Battery Call came into the Police Department as a "911 hang up." Officers arrived and found a security guard with a head injury being tended to by bar a employee in the back office. • Officers learned a male patron beat and kicked the security guard inside the bar. The security guard lost consciousness during the beating. • Someone attempted to clean up blood at the crime scene before officers arrived. • Victim was transported to the hospital and was admitted overnight for a head injury. • Officers spoke to a female bartender who said she called 911, but was instructed by her manager to hang up the phone and NOT contact police. New Resolution to the C.U.P. conditions: "If four incidents occur within a 12 month period, then all live entertainment immediately ceases and is suspended for 12 months." NCPD responded to 28 incidents over the course of 12 months (Feb. 22, 2012 to Feb. 21, 2013). Resulted in six (6) crime cases and two (2) arrests. There were four incidents involving violence from March 14, 2012 to March 14, 2013. So far from Jan. 1, 2013 through June 16, 2013, NCPD has responded to 21 incidents at McDini's New Resolution to the C.U'. conditions (Calls for Service): • "The Conditional Use Permit shall be subject to revocation by the Planning Commission if the Chief of Police determines that the reinstatement of live entertainment has resulted in or significantly contributed to a ten percent (io%) increase in the demand for police services during the hours of 5:oopm and 3:ooam." 2011 - NCPD responded to two (2) incidents. 2012 - NCPD responded to seventeen (17) incidents • 750% increase over 2011 in calls for service. 2013 — Jan 1st to June i6, 2o13 — NCPD responded to twelve (i8) incidents from 5pm - 3am. • Estimated NCPD will respond to over forty-five (45) incidents in 2oi3.... 265% increase over 2012. New Resolution to the C.U.P. conditions: "All doors shall remain closed during any and all live entertainment events." Doors were observed open by NCPD officers: LI ILI Sunday, February 23, 2013, at 00:10 am • South door left open. Thursday, March 14, 2013, at 11:45 pm North and south door left open. Friday, April 5, 2013, at 10:05 pm South door left open New Resolution to the C.U.P. conditions: Security • "Uniformed professional guard service shall be hired and on the premises between the hours of 6: oopm and 2: ooam, on all nights live entertainment is provided." • "The guard service shall patrol the outside of the premises as well as the inside, and shall prevent any loitering and/or undesirable activity in the parking lot." • "In addition, a minimum of three guards per live event shall be present as follows: The guards/security must be licensed and certified." • "One armed guard (off duty police officer or equivalent) and two other security guards for the exterior; and one staff person for the purposes of security shall be present inside." • "There will be a security guard present at each point of entry/exit to the premises." Guard Service violations Friday, December 21, 2012 - 2:03am Assault with deadly weapon call. The two security guards working,at the time did not possess State of CA "guard cards." Friday, December 28, 2012 - 1:42am A security guard "pepper sprayed" a patron outside the bar. The security guard did not have a State of CA "guard card" and was a FELON. The guard was arrested for being a felon is possession of tear gas and booked into county jail. Thursday, February 14, 2013 — 11:55pm NCPD found only one uniformed security guard working while live music was being played. The guard did not have a State of CA "guard card." He also stated he worked for and was paid by the owner of the bar. Guard Service violations • Friday, February 15, 2013 — 11:55pm NCPD found only two uniformed security officers working while live music was being played. The wards stated they worked for and were paid directly by the owner of the bar. Thursday, March 14, 2013 — 11:45pm 911 hang up call that ended up being a felony battery. The only security guard working was the victim of the felony battery. The security guard did not have a State of CA "guard card." In addition, the victim security guard had a felony warrant. Saturday, March 16, 2013 — 11:1opm NCPD officers contacted two security guards at the bar. Once of the guards did not have a State of CA guard card." The other's guard card was "cancelled" by the State of CA. CC Dress Code A dress code shall be observed for live entertainment events: No ball caps No gang colors or attire No persons appearing intoxicated, inebriated, or appearing under the influence No weapons Dress Code violations VIOLATIONS: • Saturday, February 16, 2013 - 11: o7pm • NCPD officer saw three males wearing baseball caps being allowed into the bar while a DJ played music inside. • Saturday, February 23, 2013 - 11:55pm to 1:45am • NCPD officers saw numerous males wearing motorcycle club "colors" (motorcycle vests with logos) and baseball hats being allowed into the bar while a DJ played music inside. • Sunday, March 31, 2013 - 12:55am • NCPD officers saw a male enter the bar wearing a baseball cap while a DJ was playing music inside. • inside. • Sunday, April 28, 2013 - 1:39 am • NCPD officer saw a subjects exiting the bar wearing baseball caps. Other issues March 10, 2013 - 1:59am ▪ Officers investigated a 911 call of a possible fight inside or outside the bar. Officers did not locate a fight, but located two intoxicated underage females (ages 18 and 19) exiting the bar. Both females were wearing orange wristbands issued by the bar allowing them to drink alcohol. ▪ Both females admitted to drinking alcoholic beverages in the bar and said there were regular patrons. • The wrist bands were impounded at NCPD and the females were taken to their homes and dropped off. E ccs L Al Saturday, March 30, 2013 - 12:50am Calls for service relate McDini's vs. Trophy Lounge EC, Stoney's January 1, 2013 through June i6, 2013 McDini's = 21 calls for service. = Trophy Lounge = 1 call for service. Stoney's = 6 calls for service.