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HomeMy WebLinkAboutAGENDA REPORT 1996 0117 CC REG ITEM 10HTo: From: Date: / ?6) • / o (a ITEM ©, • -'!wsk� `yam. �i•"�;�; �.� .., AGENDA REPORT City of Moorpark The Honorable City Council A/111*� Jaime Aguilera, Director of Community Developmer Prepared by Craig Malin, Assistant Planner January 3, 1996 (CC meeting January 17, 1996) Subject: Consider Administrative Permit No. 95 -20 to Planned Development Permit 863 (Tellos Mexican Food) , request for Liquor Public Convenience and Necessity Permit for off - sale alcoholic beverage sales (for consumption off - site). Background Planned Development Permit 863 was approved by the County of Ventura for the construction of a commercial center. Tellos Mexican Food received an off -sale license in 1980. Sales of on -sale (for consumption on -site) alcohol was approved by the ABC in 1986. A complaint regarding the sale of alcohol was received by the City on July 11, 1995. The original Zone Clearance approved by the County of Ventura was for sale of take out food only and did not specifically allow the sale of alcohol (see attached Zone Clearance No. 40279). A notice of violation was sent to Tellos on July 11, 1995 requiring that sales of beer and wine cease since Tellos did not have a permit from the City to sell alcoholic beverages. On November 20, 1995, it was discovered that Tellos was in violation of the City order not to sell alcoholic beverages. The California Department of Alcoholic Beverage Control rescinded the two licenses on December 1, 1995 on the grounds that they were obtained fraudulently (no permits had been approved by the City). Discussion On December 15, 1995, Selsa and Mauro Tello filed an application with ABC to sell "off- sale" (for consumption off -site) alcoholic beverages at their restaurant at 415 -417 Moorpark Avenue. State Assembly Bill No. 2897 requires that the Alcoholic Beverage Control Department obtain approval of Cities prior to issuance of a Liquor License. This procedure is accomplished through approval of a Liquor Public Convenience and Necessity Permit by the City. 000ILGE Resolution No. 95 -1170, adopted on December 20, 1995, approved the procedures for processing of Convenience and Necessity permits. Resolution 95 -1170 requires that the processing of applications for alcoholic beverage sales utilize the same procedures used for Administrative Permits. This request is for the off -site sale of beer and wine at the existing Tellos Mexican Food restaurant (see attached application to ABC). Staff sent a notice of hearing on December 28, 1995 to all property owners within 3001. Staff also contacted the Moorpark Police Department who concurred with staff's recommendation for the denial of the application. Approval of an application for alcohol beverage sales requires that the following criteria be met: A) Does this use represent a public necessity or a public convenience, B) Does this use represent an over concentration of alcoholic beverage sales in the area. It is inconceivable that sales of alcoholic beverages could be found to represent a public necessity, and in staff's opinion, the sale of alcoholic beverage at the Tellos Mexican Restaurant would not represent a public convenience to the citizens of Moorpark since there are already several places within a short distance which sell alcoholic beverages. At present the other uses in the downtown area which sell alcoholic beverages are listed below. Staff has estimated the distances (door to door) from Tellos to the other uses as follows: On -Sale Sales (consumption on site): La Cabanita (beer /wine) - 430' Whistle Stoppe (liquor) - 1,180' Canton Restaurant (beer /wine) - 1,270' Coffee Grinder Restaurant (beer /wine) - 1,270' La Playita (beer /wine) - 1,300' Off -Sale Sales (consumption off site): Carniceria Rodriguez Market (liquor) - 140' Moorpark Central Market (liquor) - 420' Hughes Market (liquor)- 1,300 Mayflower Market (liquor) - 1,350' Arco Mini Mart (beer /wine) - 1,500' AB 2897 does not provide a definition of over concentration and leaves the determination to the local authority. It is staff's opinion that there is an over concentration of liquor sales in this area of the City and that approval of this application does not represent a public convenience. This proposal has been reviewed by the Director of Community Development, who is deferring action on this application to the City Council and making the following recommendation. 00016'7 Recommendation Adopt Resolution No. 96 -_ denying Administrative Permit No. 95 -20. Exhibit: A) B) C) D) E) F) Code Enforcement notice to cease the sale of alcoholic beverages Code Enforcement Notice of Violation Police memo of ABC notice of cancellation of permit Application for alcohol beverage license Resolution No. 96 -_ Zone Clearance 40279 OOOILGS Nov. 9,1995 0 • MOORPARK 799 Moorpark Avenue Moorpark, California 93021 Ms. Selsa Tello -7 6Li6 1-if-7/415 Moorpark Ave. Moorpark Ca. 93021 'Z Re: Case No. C -95 -201 Dear Ms. Tello: (805) 529 -6864 This letter will serve to confirm that this Department has made a final determination regarding your on -site beer and wine sales. As you recall, this Department received a complaint about your restaurant located at 415 Moorpark Ave. Upon investigation of the complaint, our code enforcement personnel found that among other violations, you did not have a valid City approved Conditional Use Permit for the purpose of allowing on -site beer and wine consumption. Apparently you were originally granted a "On -Sale Beer and Wine - Eating Place" License by the State of California Department of Beverage Control (ABC) in 1986 and you now have a current license for the same use. However, I don't believe that ABC is aware that your establishment is not allowed to serve food for on- site consumption; it is strictly a take out restaurant. Further, the City of Moorpark is an independent government agency which has its own regulations regarding the on -site consumption of beer and wine. In your case, since food cannot be consumed on the premises, the consumption of beer and wine on the premises constitutes what the zoning ordinance would classify as a "Bar ". A Bar requires a Conditional Use Permit (CUP) to be approved by the City. Since you do not have a CUP, you are not allowed to sell beer and wine for on -site consumption. A copy of this letter is being forwarded to ABC and to the City Police Department. Please be advised that if you or your employees allow the consumption of food, beer or wine inside your restaurant, you will leave us no choice but to apply those sanctions which are called for in the City's Municipal Code. EXHIBIT A Paul W. Lawrason Jr. Bernardo M. Perez Patrick Hunter Scott Montgomery , John E. Woznia Mayor Mayor Pro Tem Councilmember Councilmem4„��,,,jI.(j Councilmembe • • Regarding your application for a Zoning Clearance for the purpose of renting videos and to have 3 stools for your customers in waiting, it has been approved. You may pick up the permit at your convenience. If you have any questions regarding this letter, please feel free to contact me at your convenience at 529 -6864 x242. 'me Aguilera Community Development Director cc: Lt. Marty Rouse, Moorpark Police Dept. Department of Alcohol Beverage Control 000170 pQK Cq� 0 0 2 f MOORPARK c -Rs r 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION I 'o q i -7 PROPERTY ADDRESS: 415 Moorpark Ave. �� tiq' o Dear Ms. Tello: It has been brought to our attention that you are operating your business beyond the limits of the original approval granted by the City's Zoning Clearance No. 40279 (attached). It is clear that you are currently serving beer, selling andlor renting videos, and that you are-providing seating for your customers. All those uses are not permitted by the Zoning Clearance ` g n ted to you on December 1, 1983. We understand that violations can occur due to a lack of knowledge of the municipal code. Since we assume that these violations were not created with the knowledge that you were doing something against the City regulations we will not issue a citation if you cause these violations to stop by no later than July 20, 1995: EXHIBIT B PAUL W. LAWRASON JR. BERNARDO M. PEREZ PATRICK HUNTER SCOTT MONTGOMERY JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmen4XW �w Councilmember 0 You may petition a new Zoning Clearance for the uses mentioned except for the sale of beer and wine. In order to engage in the sale of beer and wine you may only do so if you petition and are granted a Minor Modification to Development Permit No. 863. Please contact Mr. Craig Malin at 529 -6864 Ext. 226 if you have any questions regarding this letter. Sincerely, guilera Community Development Director Attachment: Zoning Clearance No. 40279 cc: Steve Kueny, City Manager Mario Riley, Code Enf. Officer VENTURA COUNTY SHERIFF'S DEPARTMENT EAST COUNTY PATROL SERVICES MEMORANDUM TO: Moorpark Patrol FROM: Sr. Dep. Lareva DATE: 11 -29 -95 SUBJECT: TELLO'S MEXICAN FOOD Effective immediately, Tello's Mexican Food at 415 -417 Moorpark Ave. no longer possesses an ABC license. Today, the owners of Tello's voluntarily surrendered their ABC license. This is in response to the city of Moorpark not allowing Tello's customers to consume food or alcoholic beverages on the premises. Tello's had an ABC license for both on -sale and off -sale privileges. The owners of Tello's will have to reapply to ABC for an off -sale license. In the meantime, Tello's is not allowed to sell any alcoholic beverages. They pulled their beer from the display and placed it in the back room. If you observe them selling any alcoholic beverage to anyone, cite them for 23300 B &P, license required to sell alcoholic beverages. Complete an ABC incident report and forward all the reports to SED. Thank you for your assistance in this matter. EXHIBIT C iL I 10 R N I A 00, C % 99 ' oo<pa l CAI of RPPL I CRTI ON FOR ALCOHOL BEUERNE LICENSE(S) TO: Department of Alcoholic Beverage Control 411 East Canon Perdido, Room 12 P.O. Box 698 Santa Barbara, CA 93102 (805) 564 -7717 DISTRICT SERVING LOCATION: Name of Business: Location of Business: Number and Street City, State Zip Code County Is premise inside city limits? File Number ............ 315230 Receipt Number ......... 1065733 Geographical Code........ 5610 Copies Mailed Date Issued Date SANTA BARBARA TELLOS MEXICAN FOOD 415 -417 MOORPARK AVE MOORPARK CA 93021 VENTURA If premise licensed: Type of license Transferor's names/license: License Tyne Transaction Tyne Fee Type Master 2= Date lily 1. 20 OFF —SALE BEER AND ORIGINAL NA YES 0 DEC 07,1995 $100.00 2. 20 OFF —SALE BEER AND ANNUAL FEE NA YES 0 DEC 07,1995 $34.00 TOTAL $134.00 Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control convicted of a felony? NO Control Act, or regulations of the department pertaining to the Act? NO Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on -sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of VENTURA Date DEC 07,1995 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true: (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor: (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) ��_ A plicant Signature(s) �� EXHIBIT D C C f) i f ABC 211 (9/93) (� QX - D ��� ` j�j t _ fj c.c L� i C� • STATE OF CALIFORNIA Department of Alcoholic Beverage Control The applicant for the issuance of an On -Sale or Off -Sale license must mail this notice of the application to every resident of real property within a 500 -foot radius of the premises (Section 23935.5 of the Business and Professions Code). The Department requires the notice to be mailed within 15 days after the date the applied -for premises are posted. Date of Mailing: Date Premises Posted:/,,2- osted: /,,2 — 07 L_S _ 19 NOTICE OF INTENTION TO ENGAGE IN THE SALE OF ALCOHOLIC BEVERAGES (RE: Residences 500' " Radius) To Whom It May Concern: Subject to issuance of the license applied for, notice is hereby given that the below -named applicant proposes to sell alcoholic beverages at the premises described as follows: 415 -417 MOORPARK AVE MOORPARK CA 93021 Pursuant to such intention, the undersigned is applying to the Department of Alcoholic Beverage Control for issuance of an alcoholic beverage license(s) for these premises as follows: (Specify all licenses applied for as names of licenses appear on application.) Type of License(s) 20 The Name(s) of the applicant(s) is /are: TELLO MAURO G TELLO SELSA F Please be advised that any protest against the issuance of the license(s) must be verified and received at any office of the Department of the Alcoholic Beverage Control or Departmental Headquarters within 30 days of the date the premises were posted, or within 30 days of the mailing of the notification, whichever is later. THIS IS NOT A PROTEST FORM DO NOT RETURN IT TO ABC. It is merely a notice of pending application as required by law. Further information regarding this application may be obtained from the posting notice at the premises or at the local ABC office identified below. RESOLUTION NO. 96 -_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DENYING ADMINISTRATIVE PERMIT NO. 95 -20 (SELSA AND MAURO TELLO). WHEREAS, on December 15, 1995, the applicant applied for Administrative Permit No. 95 -20 for approval of a Public Necessity and Convenience Permit for the off -sale of alcoholic beverages; and WHEREAS, the Director of Community Development recommended denial of Administrative Permit No. 95 -20 on January 3, 1996; and WHEREAS, at the meeting of January 17, 1996, the City Council reviewed and considered the information contained in the staff report dated January 3, 1996 and reached a decision on this matter; and WHEREAS, the Council has determined that denial of ADP 95 -20 is necessary because there is sufficient evidence that the proposed off -sale of alcoholic beverages would result in an over - concentration of liquor sales in this area of the City and that approval of this permit would not represent a public convenience or necessity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby denies Administrative Permit No. 95 -20 without prejudice: SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 17 DAY OF JANUARY, 1996. ATTEST: Lillian E. Hare, City Clerk Paul W. Lawrason, Jr., Mayor EXHIBIT E 000106 + COUNTY OF VENTURA ZONING CLEARANCE RESOURCE MANAGEMENT AGENCY ZONE CLEARANCE NO.__ - __ CASE REFERENCE NO. e r PROJECT ADDRESS - LOCALITY ZONE CODE SECT. NO. OPEN SPACE PLAN Oqw " L LOODEPTH LOT AREA ASSESSOR PARCEL NO. NEAREST ROSS ST. LOT WI PROPOSED USE(S) MIN�y`(F /R�ON�T YD. MIN. F;EAR`D. OWNER PHONE MINQSDE YD. MI,NN. SSIDEEL YD. (REAR 1/3) a�ce_r � MAIL ADDRESS — MAX. HEIGHT r MIN. DIST. BETWEEN BLDGS. `i' %nbp ARle- yy," A& e. /no! ok �� APPLICANT PHO 7 ��r 5, ass REQUIRED PARKING (9' x 20' per space)_ GARAGE T7E eta D � rv�ss s�376Y OPEN; CARPORT; MAIL ADDRESS ENVIRONMENTAL DOCUMENT y kn 4 I'At �� tlLL Ato Rr. C A . (� ND /CND C] EIR IF SHOW LOCATION OF EXISTING AND PROPOSED BUILDINGS AND ACTUAL DISTANCES TO PROPERTY LINES AND BETWEEN BUILDINGS. D - ! _ m O { "11 700 - _ _ _ ._ - -- - ..__ D ro 0 -r N I - -- Z ' .I r � Z � , SIDE "NOTICE: Before foundation inspection, lot lines shall be identified by owner or authorized agent. 'NOTICE: This clearance becomes null and void if work or construction au- thorized is not commenced within, or is suspended or abandoned for a period of , 180 days. STATEMENT: I hereby acknowledge that I have read this zoning clearance and state that the information given is correct and agree to comply with all provisions of the county zoning ordinance code. APPLICANT'S SIGNATURE DATE SPECIAL CONDITIONS OR REQUI RLMLN 15: APPROVAL WHEN PROPERLY VALIDATED THIS IS YOUR ZONING CLEARANC DATE I EXHIBIT F PLAN. -15 (7/80) DISTRIBUTION: White — Planning Canary — Building and Safety Pink — Applicant Goldenrod — Auditor Controller