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HomeMy Public PortalAbout89-085 (05-16-89)RESOLUTION NO. 89 -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DETERMINING THAT (1) VIOLATIONS TO CHAPTER 17 OF THE MUNICIPAL CODE ARE BEING CAUSED AND MAINTAINED BY THE OPERATORS OF THE PLAY POOL CAFE LOCATED AT 10229 1/2 LONG BEACH BOULEVARD, LYNWOOD, AND (2) DIRECTING THE REVOCATION OF THE CITY BUSINESS LICENSE NO. 6669. ,7 C WHEREAS, pursuant to the recommendation of the City Manager of the City of Lynwood, this City Council has previously found that certain business, hereinafter more fully described, is presently operated in such a manner as to be in violation of Chapter 17 of the Lynwood Municipal Code, and WHEREAS, in light of said findings, on May 16, 1989, this Council adopted a resolution declaring its intention to conduct a public hearing to ascertain whether the subject business was being operated in violation of the Muncipal Code; and WHEREAS, this Council has held a hearing and has heard and considered all relevant evidence and testimony from all interested persons desiring to be heard concerning the conditions and actions constituting the alleged violations of the Municipal Code and the proposed revocation of the City Business License No. 6669, and WHEREAS, the continuou detrimental to the public health, as demonstrated by the illegal which has resulted in several Department and the Owner /Operator the Lynwood Municipal Code. s operation of this business is safety and welfare of the citizens activities conducted at the site arrests by the Lynwood Sheriff has made no attempt to comply with NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, determine, order and resolve as follows: Sections 1. Based upon the aforesaid recommendations of the City Manager and the public testimony, the business operation known as the Play Pool Cafe, located on 10229 1/2 Long Beach Boulevard, Lynwood, California, is hereby found and declared to be in violation of Chapter 17 of the Lynwood Municipal Code. Sections 2. The particular conditions and actions found in the operation of the subject business and determined to be violations of the Municipal Code are described as follows: (1) The owner of the business is selling alcoholic beverages without having first obtained the required license as set forth in the Lynwood Municipal Code, Chapter 17 -30 and 17- 71, and with the required license from the Alcoholic Beverage Control Unit of the the State of California. (2) On March 31, 1989, the Sheriff Department, while conducting a search at the subject site, found ninety six (96) pre- mixed drinks in soda can containers intended for consumption by the customers. Pursuant to the Lynwood Municipal Code, Section 17 -219, "No person shall enter, remain, or be on the premises of any card or game club while alcoholic beverages are sold, consumed, served, or given away thereon." DISK 1: RESOLUTION (3) From December, 1988, to March, 1989, there have been thirty seven (37) arrests at the location by the Lynwood Sheriff Department. (Arrest reports on file.) a. Ten (10) of the arrests have been made for possession of a controlled substance (cocaine.) b. One (1) arrest was made for "assault with a deadly _ weapon" resulting on one victim being rushed to the hospital. ' C. One (1) arrest was made for "defraud." d. Twenty - five (25) arrests were made for selling alcoholic beverages and remaining on the premises of a card or game parlor while alcoholic beverages were being sold, consumed, served or given away. (4) Lynwood Municipal Code Section 17 -214, states that game clubs are "to be closed between the hours of 2:00 a.m. and 12:00 Noon...." Thirty four of the arrests have been made after 2:00 p.m. while the place of business was still open. (5) Upon inspection of the site on May 8, 1989, Code Enforcement Staff found that the property is being refurbished, including the installation of electrical fixtures, not installed per National Electrical Code guide- lines. Section 3. It is further directed that, in order to abate said violations, the following steps must be taken: II Revocation of City license 6669 issued to Mr. Rodolfo Noriega to operate the business known as the Play Pool Cafe located at 10229 1/2 Long Boulevard, Lynwood. Section 4. The City Manager or- his /her hereby authorized and directed to demand the surrender License No 6669 from Mr. Rodolfo Noriega and /or his his successor. Section 5. This resolution immediately upon tts adoption. shall become designee is of Business designee or effective DISK 1: RESOLUTION PASSED, APPROVED and ADOPTED this 16th day of May , 1989. , di, /W. /P,- /4 - EVELYN M. ELLS, Mayor City Of Lynwood ATTEST: (41 /� O� 6 -y/1 � - ANDREA L. HOOPER, City Clerk City Of Lynwood STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. APPROVED AS TO CONTENT: Vicente L. Ma '§, Director Community Development Department I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 16th day of May , 1989. AYES: COUNCILMEMBERS HEINE, HENNING, MORRIS, RICHARDS, WELLS NOES: NONE ABSENT: NONE i City Clerk, City of Lynwood L, DISK 1: RESOLUTION