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HomeMy Public PortalAbout2014.030 (02-18-14)RESOLUTION NO. 2014.030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD (CITY), APPROVING THE CITY MANAGER'S RECOMMENDED SUSPENSION OF LOS GLOBOS COCKTAIL LOUNGE AND BAR LOCATED AT 3158 MARTIN LUTHER KING JR BOULVARD PURSUANT TO SECTION 4 -9 OF THE LYNWOOD MUNICIPAL CODE AND THEREFORE, FIXING THE TIME AND PLACE FOR THE PUBLIC HEARING FOR THE PROPOSED REVOCATION OF SAID BUSINESSES LICENSE TO OPERATE IN THE CITY OF LYNWOOD PURSUANT TO THE APPROVED REPORT AND FINDINGS THEREOF 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 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, 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 business license suspension and possible revocation upon formal hearing and consideration by City Council due to such evidence; and WHEREAS, the Sheriff's Department and the Department of Alcoholic Beverage Control (ABC) observed and reported numerous counts and violations against the subject business location, and the immediate vicinity, including: • January 4, 2013: Person observed by Sherriff acting suspiciously and charged with possession of Narcotics; • January 12, 2013: Sherriff 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 intoxication; • April 21, 2013: Sherriff 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: Sherriff called out to location for selling liquor after hour's; • June 20, 2013: Person acting suspiciously charged with possession for sale of narcotics; • July 7, 2013: Sherriff 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;imprisonmept . at Los Globos; • August 13, 2013: Sherriff called to location fora hit and run; • August 22, 2013: Sherriff called because bar operating - afterhours and because of loud music; • August 31, 2013: Sherriff called because patrons are arguing in front of Location; • September 8, 2013: Sherriff called because location operating afterhours and because of loud music; • September 16, 2013: Sherriff called because of suspicious activity; • September 22, 2013: .Sherrill called because location operating.afterhours, narcotics violation, and loud music; • September 27, 3013: Sherriff called because bar operating afterhours; loud music; • October 11, 2013: Sherriff called to location for petty theft report; • October 13, 2013: Sherriff called for person acting suspiciously and charged with possession of narcotics; • October 21, 2013: Sherrill called for person acting suspiciously and charged With possession of methamphetamine; • October 28, 2013: Person charged with public intoxication;. • November 18, 2013: Sherriff called for person acting suspiciously and'. arrested for possession of narcotics; • December 8, 2013: Sherriff called because shots were fired and a firearm was confiscated; • December 29, 2013: Sherrill called to location because of fighting in the street. WHEREAS, on January 2, 2014, Los Globos' ABC license - as, suspended for a _ period of 45 days based on 27 Counts of violations, or permitting violation, 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. WHEREAS, Los Globos has 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, in accordance with Section 4 -9 of the LMC, the City Council wishes to set the Public Hearing to take place Tuesday, March 4, 2014 at a regularly scheduled Council meeting, beginning at 6:00 p.m., in the Council Chambers at Lynwood City Hall to consider the revocation of said business license. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City hereby adopts the report, and approves the suspension of Los Globos' business license in accordance with provisions set forth in Section 4 -9 of the Lynwood Municipal Code. Section 2. The City Council hereby directs the City Clerk designee to set this matter for a Public Hearing by the City Council on Tuesday, March 4, 2014 at a regularly scheduled Council meeting, beginning at 6:00 p.m., in the Council Chambers at Lynwood City Hall to consider the revocation of said business license pursuant to Section 4 -9 of the Lynwood Municipal Code. Section 3. The City Manager, or his designee, is hereby authorized to sign all documents necessary and appropriate to carry out and implement said actions on the behalf of the City. Section 4. This Resolution becomes effective immediately upon adoption. PASSED, APPROVED and ADOPTED this 18th day of February, 2014. Aide Castro, Mayo ATTEST: i Maria Qui -no nez, City Oerk APPROVED AS TO FORM: APPROVED: -AS TO CONTENT: \\ , ,-/ k, ,� David A. arcia, City Attorney Sarah 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 18th day of February, 2014. AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN-BEAS, SOLACHE, HERNANDEZ AND CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE r liRR ' ANA 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. 2014.030 on file in my office and that said Resolution was adopted on the date and.by the vote therein stated. Dated this 18th day of February, 2014. Ard. i o n � a i 11 • �YClerk