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Home My WebLink About- - Transfer State ABC License Kings Tavern - 7/3/2012CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 3, 2012 ITEM NUMBER: SUBJECT: PREMISE -TO -PREMISE TRANSFER OF A STATE ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 48 (ON -SALE GENERAL, PUBLIC PREMISE) FOR KINGS TAVERN (FORMER LITTLE KNIGHT) 436 EAST 17T" STREET DATE: JUNE 21, 2012 FROM: DEVELOPMENT SERVICES DEPARTMENT FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov RECOMMENDATION: Receive and file the following ABC license request: For Mariner's Fund, LLC, doing business as Kings Tavern, at 436 East 17th Street, a premise -to -premise transfer of a State Alcoholic Beverage Control (ABC) License Type "48" (On -Sale General — Public Premise). BACKGROUND: The purpose of this report is to clarify the issue of whether or not a new bar can be established at 436 East 17th Street, the former location of the Little Knight Bar. Question: Can another bar ,be established at 436 East 17th Street without a finding for Public Convenience or Necessity (PC or N)? Short Answer: Yes. According to the State Department of Alcoholic Beverage Control, another bar can be re-established without requiring discretionary approval from. the City provided that the new bar operates under the same type of ABC License (Type 48) and the new bar is established within 90 days. ANALYSIS On April 23, 2012, Planning Commission approved an application for a premise -to -premise transfer of the existing Type 48 (On -Sale General, Public Premise) Alcoholic Beverage Control (ABC) license for the Little Knight Bar at 436 .East 17th Street. The owner, Erik Harriman, is transferring the license to this location to operate a new restaurant within The Triangle Center (Black Knight/Olive Branch Pizza) with this license. On May 14, 2012, staff received the above application to transfer the same type of license to the former Little Knight location (Attachment 1). Typically, a premise -to -premise transfer of an ABC license for a bar would be subject to the following per the City Zoning Code and City Council Policy No. 500-8: 1. Approval of a conditional use permit; and 2. A finding for Public Convenience or Necessity (PC or N). There is a conditional use permit on file for the establishment, the most recent being PA - 98 -62. Additionally, according to ABC, the applicant is not required to obtain a PC or N finding because the establishment will have the same type of license and is within 90 days of the transfer of the prior license (i.e., the "90 Day Rule" referenced in the attached email from ABC (Attachment 2). As a result, the City does not have authority under these circumstances to prevent or prohibit the transfer of the license. However, the applicant has agreed to work with staff to upgrade the property (Attachment 3). L- C) MEL LEE, AICP PETER NAGHA Senior Planner Director of Economic & Development / Deputy CEO ATTACHMENTS: 1. ABC License Application 2. Correspondence from ABC 3. Correspondence from Applicant DISTRIBUTION: Chief Executive Officer Assistant Chief Executive Officer Director of Economic & Development / Deputy CEO City Attorney Public Services Director Transportation Svs. Mgr. City Clerk (9) Staff (7) File (2) Mariner's Fund, LLC 3334 East Coast Highway, Suite 418 Corona Del Mar, CA 92625 Sheldon Group 901 Dove Street, Suite 140 Newport Beach, CA 92660 J Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) i j .4TT.4C H M E N T 1 St{ TO:Department of Alcoholic Beverage Control File Number: 521731 605 W. SANTA ANA BLVD. Receipt Number: 2111665 BLDG 28, STE 369 Geographical Code: 3004 SANTA ANA, CA 92701 ' Copies Mailed Date:. May 10, 2012 (714) 558-4101 Issued Date: DISTRICT.SERVING LOCATION: First Owner: Name of Business: Location of Business: County: Is Premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 48 Transferor's license/name: SANTA ANA Recelved MARINER'S FUND, LLC City Of Costa Mesa KINGS TAVERN Development Services Department 436 E 17TH ST COSTA MESA, CA 92627-3213 MAY 14 2012 ORANGE Yes Census Tract 0633.02 3334 E COAST HWY # 418 CORONA DEL MAR, CA 92625-2328 286088. / SUELAD INC Dropping Partner: Yes_ No License Type Transaction Tvi)e Fee Tvi)e 48 - On -Sale General Public' PERSON-TO-PERSON'TRANSFER P40 48 - On -Sale General Public PREMISE TO PREMISE TRANSFER P40 48 - On -Sale General Public. ANNUAL FEE P40 48 - On -Sale General Public. EXCHANGE FEES P40 NA STATE FINGERPRINTS NA NA FEDERAL FINGERPRINTS NA Master Dup Date Fee Y 0 05/10/12 $1,250.00 Y 0 05/10/12 $100.00 Y 0 05/10/12 $876.00 Y 0 05/10/12 $100.00 N 1 05/10/12 $39.00 N 1 05/10/12 $24.00 Total $2,389.00 .Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage 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 anon -sale licensed premises 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 ORANGE Date: May 9, 2012 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 filed 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) Applicant Signature(s) See 211 Signature Page MARINER'S FUND, LLC State of California 1APPL`�1CATION SIGNATURE SHEET ("SIGN -ON") This form is to be used as the signature. page for applications not signed in the District .Office. Read instructions on reverse before completing, • All signatures must be notarized in accordance with laws of the State where signed. Department of Alcoholic Beverage Control Sole Owner Partnership -Ltd Partnership Corporation FlMarried Couple no Limited Liability Company Domestic Partner 00ther Original Person to Person Transfer i®Exchange aPremise to Premise Transfer 48Other MARINER'S FUND, LLC _ 6. APPLICANT'S MAILING ADDRESS (Street-address/P.O. box, city, state, zip code) 3334 E. Coast Hwy., Ste. 418, Corona Del Mar, CA 92625 7. PREMISES ADDRESS (Street address, city, zip code) t '10 / n i 7 436 E. 17th St., Costa Mesa 92627 r��Fi j#; -- APPLICANT'S CERTIFICATION r beverage Control oanta Ana Office Under penalty of perjury, each person whose signature appears payment of a loan or to fulfill an agreement entered into more than below, certifies and says: (1) He/She is an applicant, or one of ninety (90) days preceding the day on which the transfer the applicants, or an executive officer of the applicant application is filed with the Department, (b) to gain or establish a corporation, named in the foregoing application, duly authorized preference to or for any creditor or transferor, or (c ) to defraud or to make this application on its behalf; (2) that he/she has read the injure any creditor or transferor; (5) that the transfer application foregoing and knows the contents thereof and that each of the may be withdrawn by either the applicant or the licensee with no above statements therein made are true; (3) that no person other resulting liability to the Department. than the applicant or applicants has any direct or indirect interest I understand that if I fail to qualify for the license or withdraw in the applicant or applicant's business to be conducted under the this application there will be a service charge of one-fourth of the license(s) for which this application is made; (4) that the transfer license fee paid, up to $100. SOLE OWNER 8. PRINTED NAME (L-. PARTNERSHIPILIMITED PARTNERSHIP (Signatures of general partners only) CORPORATION first, President Vice President a Chairman of the Board Secretary Asst. Secretary Chief Financial Officer Asst. Treasurer :LIMITED LIABILITY COMPANY 11. The limited liability company is member -run []Yes *No (If no, complete Item #12 below) 12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Last, first, middle) MAROVIC. Mario ABC -211 -SIG (2/09) "SIGN ON" ACKNOWLEDGMENT A/3C-zl1-s:�, State of California County of 0 % Aj\/ A7 E ) On 1qeRL L 71 70/2- before me', /'/ %I J AC gcCO3 IVO l..R pct, ZZ C - .(insert name and title of the officer) personally appeared Z 0 �� O \/:':: C- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s i are subscribed -to the within instrument and acknowledged to me thd&js4aAhey executed the same in & heR#v_* authorized capacity(ies), and that by(h slhe4t4— -signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TONY PACHECO i COMM. #1869439 0 WITNESS my hand and official seal. NOTARYPUBLIC-CALIFORNIA � O d' •. ` ORANGE COUNTY My Comm. Expires November 22, 2013 y Signature to (Seal ) Page -1 of 2 ATTAC H M ENT 2 LEE, MEL From: Amante, Leonora@ABC [Leonora.Amante@abc.ca.gov] Sent: Tuesday, June 12, 2012 10:40 AM To: LEE, MEL Subject: RE: Type -48 On Sale General Public Premises license Hi Mel, As far as ABC's requiring PC or N, the applicant is not required to get a PC or N determination by the governing body due to 90 day rule which is the seller is still operating and with same type license. Thanks Leonora R. Amante (Nora) Licensing Representative II Santa Ana District Office 714-558-6480 714-953-4486 fax leonora.amante@abc.ca.gov From: LEE, MEL [mailto:MEL. LEE@costamesaca.gov] Sent: Monday, June 11, 2012 12:32 PM To: Amante, Leonora@ABC Cc: FLYNN, CLAIRE Subject: RE: Type -48 On Sale General Public Premises license Nora — There is a CUP (actually 3) on file for this use. Can I get a confirmation that a PCN finding is not required for this premise -to- premise transfer? I believe the applicant stated there is a 90 -day limitation in the ABC regulations. Let me know if you have any questions. Thanks, Mel Lee, AICP Senior Planner City of Costa Mesa 77 Fair Drive, Costa Mesa, 92628 Ph. (714) 754-5611 Fax. (714) 754-4856 mel.lee costamesaca. ov Description: cid:imanPQQ From: Amante, Leonora@ABC[mailto:Leonora.Amante@abc.ca.gov] Sent: Friday, May 25, 2012 6:57 PM To: LEE, MEL Subject: Type -48 On Sale General Public Premises license Hi Mel, Muriner's Fund LLC, DBA: King's Tavern located at 436 E. 17th St., Costa Mesa is applying for a Type -48 license. Does my applicant need to apply for Conditional Use Permit? Please advice. Thank you. 06/12/2012 l0 Page 2 of 2 Leonora R. Amante (Nora) Licensing Representative II Santa Ana District Office 714-558-6480 714-953-4486 fax leonora.amante@abc.ca.gov 06/12/2012 7 ATTACHMENT 3 Received City of Costa Mesa 3:134 east Coast Hwy #418 Corona Del Ma relopment Services Department Pb 949.813.5683 Fax 949.272.5158 Mario@LOungeCTroup.com JUN 1A2012 June 11., 2012 Re: 436 E. 17"' Street- removal of. ABC protest and improvements Dear Mr. Lee: Thank you for taking the time to meet with me at the site this morning. per our previous meeting and. our :follow up meeting this momtng, you indicated that the protest of our A13C type 48 .license will, be removed. ,Also, per our meeting today we discussed the following topics: 1.. Upon issuance of our License, Man. -tier's Fund, LLC will be opening for business at the subject location "As Xs". The business will. be operating with the same terms and conditions as the existing tenant. 2. Mariner's Fund, LLC will be contracting out plans with an architect to propose the following improvements: a_ The demolition anal removal of the detached Dog Groomer Tenant; b. ;Replacing and relocating the square -rootage of the DoGroomer tenant to the rear of the Subject Licensed Location at 436 E_ 17` Street. The d.emoiitio.nof the existing Dog Groomer Tenant will be contingent on approval to relocate the space to the desired. location. c: The peoposed. changes will. include: upgraded restrooms, improved kitchen facilities, unproved st6rage facilities and improvements to'the general use of the premises to the public. d. In addition to the extra square !Dotage the improvements will include screening of the roof equipment where needed and removal of the obsolete satellite equipment. e. Mariner's Fundwill. open discussion with the owners of the Leasehold next door to build a new block wall.. Mariner's Fund. can not guarantee what the .results of that negotiation will be. Sincerely, d4�� a"� Mario Marovic Mariner's Fund, LLC Managing Member 0