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Home My Public Portal About2014.038 (03-04-14)RESOLUTION NO. 2014.038 A RESOLUTION OF THE CITY OF LYNWOOD (CITY), APPROVING THE REVOCATION OF THE BUSINESS LICENSE OF LOS GLOBOS COCKTAIL LOUNGE AND BAR LOCATED AT 3158 MARTIN LUTHER KING JUNIOR BOULEVARD TO OPERATE IN THE CITY OF LYNWOOD PURSUANT TO SECTION 4 -9 OF THE LYNWOOD MUNICIPAL CODE , WHEREAS, pursuant to the Lynwood Municipal Code (LMC) Section 4 -9, a license issued under the provisions of this chapter, after public hearing, may be suspended or revoked by the City Council, due notice of which shall be furnished the licensee, if the city manager presents evidence and findings that upon evidence heard, demonstrate: a. Any facts exist upon which a denial of the special permit or license would be authorized. b. The licensee, or any agent or employee of the licensee, has violated or has been convicted of violating any of the terms of this chapter, of any regulation imposed pursuant thereto, or of any law, statute, provisions of this code or other ordinance, rule, order or regulation of the city, of the state or of the United States, now or hereafter in force regulating the occupation or other activity for which the special permit or license has been issued. WHEREAS, Los Globos Night Club ( "Licensee "), a cocktail lounge and bar located at 3158 Martin Luther King Jr. Boulevard, owned and operated by Horacio Herrera and Maria E. Alvarez is recommended for immediate revocation upon formal hearing and consideration by the City Council due to such evidence; and WHEREAS, the City finds that Los Globos has violated the terms of business license to comply with all laws and regulations relating to a bar and nightclub establishment, and as a result the establishment has been a severe burden on the policing and physical resources of the City; and WHEREAS, the City finds that Los Globos has been linked with evidence of over - intoxication of patrons, which is caused by admitting and serving obviously intoxicated persons; and WHEREAS, the City finds that Los Globos attracts patrons who have engaged in unruly and behavior dangerous to public safety, including several reports of fighting outside of the premises. Its failure to control its patrons has resulted in shots fired at the location. Its troublesome history of allowing violence has created a real and present concern about public safety if the establishment is allowed to continue to operate; and WHEREAS, the City finds that Los Globos attracts patrons who have been arrested for narcotics violations immediately outside of the establishment; and WHEREAS, the City finds that Los Globos has been responsible for serving alcoholic beverages to underage patrons; and WHEREAS, the City finds that Los,Globos has failed to. fulfill its duty.to control the behavior of patrons in the immediate area outside of its premises. Its, failure to control its patrons in the immediate area has created a .loitering probleni ' in the surrounding area, and adjacent residents report an ongoing issue with littering,in front of their houses. WHEREAS, the City finds that Los Globos has been the subject:of ongoing noise complaints from neighbors; and WHEREAS, the City finds that Los Globos attracts patrons who leave in an intoxicated state who -engage in reckless driving, including ,a reported hit - and -run accident outside the establishment. As Los Globos does not provide any off- street parking, some of its patrons park in adjacent residential streets, blocking access to residences; and WHEREAS, the City finds that the licensee is in violation of its specific' business license conditions, not limited to, but including Condition Nos. 4, 5; 10, 11, 15; 17, 18, 22 and 24, as agreed to by the licensee on. October 23, 2007. WHEREAS, the City finds that according to the Sheriff's Department the establishment has an unusually high level of call for service for such an establishment; and WHEREAS, the City finds that the following history of calls4or' service;.to the location supports the above - referenced findings: • January 4, 2013: Person observed by Sheriff -acting suspiciously and charged with possession of Narcotics; • January 12, 2013: Sheriff called' out to the location because' it was'open after hours and playing loud music; • February 1, 2013: Person acting suspiciously and cited for being,, under the influence of a controlled substance; • April 8, 2013: Person acting suspiciously charged with loitering in a public place; • April 8, 2013: Person acting suspiciously charged with public, ntokication; • April 21, 2013: Sheriff called to location for suspicious activity at bar; • May 21, 2013; Patron charged with public intoxication and possession of narcotics; • June 7, 2013: Person acting suspiciously charged with public intoxication and possession of narcotics; • June 16, 2013: Sheriff called out to location for selling liquor after hours; • June 20, 2013: Person acting suspiciously charged with. possession for sale of narcotics; • July 7, 2013: Sheriff called out to location for remaining open with loud music after hours, overcrowding in and outside bar; • August 4, 2013: Call from patron who is claiming false imprisonment at Los Globos; • August 13, 2013: Sheriff called to location for a hit and run; • August 22, 2013: Sheriff called because bar operating afterhours and because of loud music; • August 31, 2013: Sheriff called because patrons are arguing in front of location; • September 8, 2013: Sheriff called because location operating afterhours and because of loud music; • September 16, 2013: Sheriff called because of suspicious activity; • September 22, 2013: Sheriff called because location operating afterhours, narcotics violation, and loud music; • September 27, 3013: Sheriff called because bar operating afterhours; loud music; • October 11, 2013: Sheriff called to location for petty theft report; • October 13, 2013: Sheriff called for person acting suspiciously and charged with possession of narcotics; • October 21, 2013: Sheriff called for person acting suspiciously and charged with possession of methamphetamine; • October 28, 2013: Person charged with public intoxication; • November 18, 2013: Sheriff called for person acting suspiciously and arrested for possession of narcotics; • December 8, 2013: Sheriff called because shots were fired and a firearm was confiscated; • December 29, 2013: Sheriff called to location because of fighting in the street. WHEREAS, on January 2, 2014, Licensee's license to sell alcoholic beverages was suspended by the California Department of Alcoholic Beverage Control for a period of 45 days based on 27 counts of violations, or permitting violations, of Business and Professions - Code Sections 330(a), 330.1, 330.4, 25607, 25657(a), 25657(b), 24200.5(b), and California Code of Regulation Section 143; and ti WHEREAS, Licensee has substantially violated the terms of its business license and has endangered lives by allowing the illegal conduct and unauthorized sale of alcohol to minors making the suspension of this business license a matter of public health and safety; and WHEREAS, on February 18, 2104, upon hearing testimony from the community and reviewing the findings and evidence presented by parties both for and against the suspension, the City made the determination to suspend Licensee's business license for the maximum term of 60 days and set the hearing date to consider'the business license revocation for March 4, 2014 pursuant to LMC Section 4 -9.5; and WHEREAS, Licensee has been notified of hearing through certified: mail in accordance with LMC Sections 4- 9.5c,f and this hearing has been set an&conducted in accordance with LMC Section 4 -9.5d. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City based on the findings. above, the -information I in `the. staff report, and all oral evidence presented, approves the revocation of Los Globos' business, license in accordance with provisions set forth in Section 4-9.5 of the Lynwood Municipal Code because the licensee, or any agent or employee of the licensee; has violated, the laws, statutes, provisions of the code, ordinances, rules; orders and"' egulations_of the City; of the state, or of the United States. Section 2. The City Manager, or her designee, ishereby: authorized; to sign all documents necessary and appropriate to carry out and implement said actions on behalf of the City. Section 3. This Resolution becomes effective immediately upon adoption. PASSED, APPROVED and ADOPTED this 4th day of Maech,, 2014. ATTEST: O, L1la,1004 -. -- APPROVED AS TO F RM: 1 \v" David A. Garcia, City Attorney -v Aide Castro, Mayor APPROVED AS TO CONTENT: Sarah M. Wither City Manager STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) 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 4th day of March, 2014. AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE tity Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2014.038 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of March, 2014. onez�ci�y —Clerk