HomeMy WebLinkAbout7/26/2017 - STAFF REPORTS - 1.B. �OF Q A L M SAR
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RN CITY COUNCIL STAFF REPORT
DATE: July 26, 2017 CONSENT CALENDAR
SUBJECT: REQUEST BY STACY'S @ PALM SPRINGS FOR A RESOLUTION OF
PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL BEER, WINE
AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION (TYPE 48 —
ON SALE GENERAL — PUBLIC PREMISES) AT A BAR/COCKTAIL
LOUNGE LOCATED AT 220 EAST ARENAS ROAD, ZONE RA, (CASE
5.1415 PCN).
FROM: David H. Ready, City Manager
BY: Planning Services Department
SUMMARY
Stacy's @ Palm Springs has initiated an application process for a California Department
of Alcoholic Beverages Control (ABC) Type 48 (On Sale General — Public Premises)
alcohol license for a new bar/cocktail lounge at 220 East Arenas Road. The location is
within a Census Tract that is identified by the ABC as an area with an over-
concentration of liquor licenses. The applicant is requesting the City Council to make a
determination of public convenience or necessity to allow the sale of beer, wine, and
distilled spirits.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE
WOULD BE SERVED BY THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR
ON-SITE CONSUMPTION WITH TYPE 48 ABC LICENSE AT STACY'S @ PALMS
SPRINGS BAR/COCKTAIL LOUNGE LOCATED AT 220 EAST ARENAS ROAD
WITHIN CENSUS TRACT 9414.00."
PRIOR ACTIONS:
On April 26, 2017, the Planning Commission approved a Conditional Use Permit (CUP)
and Land Use Permit (LUP) application to allow the establishment and operation of
ITEM NO. -1 n
" u
City Council Staff Report Page 2 of 4
Case 5.1415 PCN—220 East Arenas Road July 26,2017
bar/cocktail lounge at an existing multi-tenanted commercial building located at 220
East Arenas Road.
Surrounding Existing Land Use Existing General Existing Zoning
Property Per Chapter 92 Plan Designation Designation
Subject Retail, Tattoos & CBD
Property Piercing, Cafe & Bar (Central Business RA (Resort Attraction)
District
CBD
North Hotel (Central Business RA (Resort Attraction)
District
CBD LSC (Local Serving
South Retail Commercial (Central Business
Commercial)
District)
Yogurt Store & CBD RA & HR (High
East Video Bar (Central Business Density Residential)
District
CBD CBD
West Bar & Restaurant (Central Business (Central Business
District) District
BACKGROUND AND PROJECT DESCRIPTION:
The applicant, Stacy Luis, recently applied for a Conditional Use Permit and a Land Use
Permit to establish and operate the bar/cocktail lounge at an existing multi-tenanted
commercial/retail building on East Arenas Road. The applications were approved by
the Planning Commission on April 26, 2017. Stacy's at Palm Springs bar will occupy
Unit 220 which is approximately 1,180-square foot in size. The location is surrounded by
existing bars, retail commercial, and restaurant uses. The California Department of
Alcoholic Beverage Control (ABC) requires a Type 48 license for the sale of beer, wine
and distilled spirits at the location which is within Census Tract 9414.00. The applicant
is requesting a determination of public convenience or necessity (PCN) for on-site sales
and consumption of beer, wine, and distilled spirits for the proposed bar/cocktail lounge
in accordance with Division 9 (Alcoholic Beverages) of the State of California Business
and Professions Code.
ANALYSIS:
The applicant has applied for a Type 48 (On Sale General — Public Premises) license
through the California Department of Alcoholic Beverages Control (ABC) for the new
cocktail lounge. The ABC identifies the Type 48 license as follows:
ON SALE GENERAL — PUBLIC PREMISES (Bar, Night Club)
Authorizes the sale of beer, wine and distilled spirits for consumption on
the premises where sold. Authorizes the sale of beer and wine for
02
City Council Staff Report Page 3 of 4
Case 5.1415 PCN—220 East Arenas Road July 26,2017
consumption off the premises where sold. Minors are not allowed to enter
and remain (see Section 25663.5 for exception, musicians). Food service
is not required.
Pursuant to Section 23958 of the State of California Business and Professions Code,
the California Department of Alcoholic Beverage Control (ABC) is required to "...deny
an application for a license if issuance of that license would tend to create a law
enforcement problem, or if issuance would result in or add to an undue concentration of
licenses, except as provided in Section 23958.4." Section 23958.4(a) of the Code
defines undue concentration as follows:
'As to on-sale retail license applications, the ratio of on-sale retail licenses
to population in the census tract or census division in which the applicant
premises are located exceeds the ratio of on-sale retail licenses to
population in the county in which the applicant premises are located."
The Section further states that a license may be issued when "...the local governing
body of the area in which the applicant premises are located, or its designated
subordinate officer or body, determines within 90 days of notification of a completed
application that public convenience or necessity would be served by the issuance..."
(State of California Business and Professions Code, Section 23958.4(b)(2)).
The subject property is located within Census Tract No. 9414.00; this census tract is
bordered by Alejo Road to the north; Ramon Road to the South; Sunrise Way to the
east and Indian Canyon Drive to the west. According to the ABC, currently there are a
total of thirty (30) on-sale liquor licenses issued within this Census tract while only two
(2) such licenses would be allowed based on its population. Also, out of the total of thirty
(30) on-sale liquor licenses, only seven (7) are active Type 48 ABC licenses (see
attached list). The ABC can only issue the proposed beer, wine and distilled liquor
license if the Council determines that the public convenience or necessity would be
served. Hence, the applicant is requesting a determination of public convenience or
necessity for the liquor license required for the operation of the bar/cocktail lounge.
According to the business description provided by the applicant in the submitted
justification letter, "Stacy's @ Palm Springs is an upscale, full-service cocktail lounge
and bar, open daily serving the surrounding community and visiting public patrons, and
furthermore, the location is in a lively strip mall in the heart of Palm Springs".
The proposed land use is consistent with the Palm Springs 2007 General Plan Land
Use Element, which aims to "...optimize the themed, charming, eccentric village
ambience that will appropriately express the fantasy of Palm Springs as the playground
of the rich and famous...at the same time, be appealing to mid-market tastes and
profoundly affect the life of the ordinary citizen. it must reflect an array of sophisticated
venues of both intimate and popular entertainment' (Palm Springs 2007 General Plan
Land Use Element, p. 2-19). The site is adequate in size and suitable for the proposed
bar/cocktail lounge use. The location is adjacent to similar establishments, restaurants,
hotels and retail/commercial outlets. Furthermore, as noted by the applicant, the
location is within the Central Business District of the City where the entire street is full of
03
City Council Staff Report Page 4 of 4
Case 5.1415 PCN—220 East Arenas Road July 26,2017
vibrant activities. The sales and serving of wine, beer and liquor at this location will be
consistent with land uses observed in the neighborhood. Additionally, the issuance of
the requested license will further enhance the varying products and services available in
the area. Based on these factors, staff finds that the issuance of the requested liquor
license will be consistent with existing activities in the area and will serve the public
convenience; a draft resolution for Council consideration has been prepared.
VnFa=gg�, AICP Marcus L. Fuller, MPA, PE, PLS
Director of Planning Services Assistant City Manager/City Engineer
C
David H. Ready,
City Manager
Attachments:
1. 500' Vicinity Map
2. Draft Resolution
3. Letter of Request from Applicant
4. List of Authorized License Types in the Subject Census Tract
5. Census Tract Map
04
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Vicinity Map
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CITY OF PALM SPRINGS
CASE NO: 5.1415 PCN
ADDRESS: 220 East Arenas Road
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DETERMINING THAT
PUBLIC CONVENIENCE WOULD BE SERVED BY THE
ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL
LICENSE TYPE 48 (ON SALE GENERAL — PUBLIC
PREMISES) FOR STACY'S @ PALM SPRINGS
BAR/COCKTAIL LOUNGE LOCATED AT 220 EAST
ARENAS ROAD WITHIN CENSUS TRACT NO. 9414.00.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Stacy's @ Palm Springs, LLC, has applied for a California Department of
Alcoholic Beverage Control (ABC) Type 48 (On Sale General — Public Premises)
license to sell beer, wine, and distilled spirits at 220 East Arenas Road, Census Tract
No. 9414.00, Zone CBD.
B. The California Department of Alcoholic Beverages and Control (ABC) has
determined that there are thirty (30) existing alcohol licenses within Census Tact No.
9414.00, while two (2) alcohol licenses would be allowed based on on-sale retail
licenses to population in the County in which the applicant's premise is located.
C. The California Department of Alcoholic Beverages and Control (ABC) has
determined that there is an "undue concentration" of alcohol-related licenses in the
Census Tract No. 9414.00.
D. Pursuant to Section 23958.4(b)(2) of the State of California Business and
Professions Code, the City Council may determine the public convenience or necessity
would be served by the issuance of the requested license.
E. The business, Stacy's @ Palm Springs, will be located in Census Tract No.
9414.00 within a Central Business District land use designation and R-A (Resort
Attraction zoned area. The bar/cocktail lounge use will be consistent with the intent of
the Palm Springs 2007 General Plan Land Use Element and the Palm Springs Zoning
Code, which encourage service-oriented land uses.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
That the public convenience would be served by the issuance of Type 48 (On Sale
General — Public Premises) alcoholic beverage license for the sale of beer, wine and
distilled spirits at Stacy's @ Palm Springs bar/cocktail lounge located at 220 East
Arenas Road, Census Tract No. 9414.00, Section 14/T4/R4.
ADOPTED THIS 26th DAY OF JULY, 2017.
06
Resolution No.
Page 2
David H. Ready, City Manager
ATTEST:
Kathleen Hart, Interim City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Kathleen Hart, Interim City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen Hart, Interim City Clerk
City of Palm Springs, California
07
Friday, June 30, 2017 RECEIVE
Alcoholic Beverage Control Jul 0 3 »)/
34-160 Gateway Dr., Suite 120
Palm Desert, CA 92211 PLANNING SERVICES
DEPARTMFNT
Re: Stacy's @ Palm Springs, LLC
Dear Graciela Green,
Stacy's @ Palm Springs, LLC is an upscale, full-service cocktail lounge and bar, open daily serving the
surrounding community and visiting public patrons.The premise is located in a lively strip mall in the
heart of Palm Springs. Our bar will be situated amongst other commercial businesses, bars and
restaurants, positioning us in a visible, well-lit secure location
We have identified a missing segment of the existing bars and the type of night life offered in the
downtown Palm Springs area. Due to the tremendous influx of visitors during annual festivals including
Coachella, Stage Coach, Splash House, White Party(among others) and population growth in general, we
have seen an increase in the number of people partaking in nightlife activities, particularly in the Palm
Springs area for not only locals but also for tourists. We have identified a niche and a need in the "bar
market" for an up-scale and high-end bar that we intend to fulfill. Stacy's @ Palm Springs will provide a
more relaxed, subdued environment that will cater to individuals looking for an elegant place to enjoy a
cocktail with friends. Our upscale environment will seek to create the best hand crafted drinks in town
by hiring true professionals, providing adequate training of our staff, offering a welcoming environment
and, finally, providing the best service. From the decor to the drinks, we have carefully fashioned, with
great attention to detail, a 1940's themed art deco atmosphere cocktail lounge.
Based on our research of our census tract 9414.00, we have found that there are seven other locations
that have a type 48 liquor license like we are requesting. Our cocktail lounge will offer an experience that
cannot be found anywhere else currently in downtown Palm Springs. Below,we compare other bars in
our area to the establishment we have outlined above.
STREETBAR: A karaoke themed bar, catering mainly to a casual, older demographic offering lower- priced
cocktails.
HUNTERS VIDEO BAR: Best known for holding special events, including karaoke, cabaret and dancing.
Hunters caters to individuals who enjoy a loud and youthful environment.
SPURLINE: Sing-along spot with video show tunes of classic &obscure music video clips. Caters to
individuals who enjoy a loud and youthful environment.
SCORE THE GAME BAR:Old-school sports-centric hub with drink specials&TVs with a pool table, darts &
video games. Caterers to people who enjoy sports and simple beverages.
COPA NIGHTCLUB: Nightclub, best known for dancing and amplified music. Popular amongst the young
crowd.
018
TRYST: Neighborhood bar catering mainly to locals who stop by for a quick drink or two.
CHILL BAR: We have identified Chill Bar as our key competitor. We will differ by establishing a more
elegant environment and catering towards a higher-end demographic. Chill Bar offers a much more
casual environment but does not necessarily care to have specialty cocktails and a luxurious, quiet
environment.
The comfort and enjoyment of our patrons is extremely important to us, however, the security of our
patrons is of the utmost importance.We will utilize security cameras and ensure that we have plenty of
on-premise staff members that are well trained and prepared to handle any issues that may arise. We
will work closely with local officials to ensure we do not contribute to nor aggravate any crime in the area
by building strong community relationships and maintaining an establishment that is clean, well-
monitored and professionally operated.
We believe that Public Convenience and Necessity would be served by the issuance of a liquor license to
the requested premises.
This is founded on 2 basic principles:
1. To create an elegant environment where customers feel safe, comfortable and welcomed
2. To offer great tasting cocktails that are unique and prepared with the best ingredients
If you have any further questions or require any additional information please do not hesitate to contact
me.
Thank you for your assistance.
Sincerely,
Stacy T. Louis
RECEIVED
;133 2aIr
PLANNING SERVICES
DEPARTMENT
09
California ABC-License Query System-Data Portal http://www.abe.ca.gov/datport/AHCountyRep.asp
California Department of Alcoholic Beverage
w ' Control
For the County of RIVERSIDE - (On-Sale Licenses)
• and Census Tract = 9414
Report as of 7/16/2017
Number Status License Business Name Mailing Geo
_ _ _ Address Code
Orig.Iss. Expir Primary Owner and Premises
r Date Date � Addr. Iy�
1) 228854 CTIVE 47 3/31/1989 /30/2018rLTTER FAMILY PALM' SPRINGS HILTON 3310
NERSHIPL-PSHIPRESORT
E TAHOUITZ CANYON WY
PALM SPRINGS,CA 92262 ',
Census Tract:9414.00
M4+27 AUNE 48 2/25/1992 7l31/2017 !KAMP MOR INC 'STREETBAR 3310
�224 E ARENAS RD
PALM SPRINGS,CA 92262
Census Tract:9414.00
3 281338.ACTIVE 47 5/12/1993 /30/2018 2 DR
S SPRING INDIAN S CA 92262
2 1-AS BRISAS HOTEL
22 3310
PAL
Census Tract:9414.00
282328_ CTIVE 1 47 /28/1993 12/31/2017 COURTYARD MANAGEMENT '':,MARRIOTT INTERNATIONAL 610 SMITHFIELD ST. 3310
CORPORATION STE 300
1300 E TAHQUITZ CANYON PITTSBURGH,PA
AY I15222-2512
PALM SPRINGS,CA 92262
Census Tract:9414.00_
'5) 298784 SUREND 47 i317/1995 12/31/2017 GUA CALIENTE TRIBAL SPA HOTEL RESORT& 5401 DINAH SHORE DR 3310
CORPORATION MINERAL SPRINGS PALM SPRINGS,CA
I 100 N INDIAN CANYON DR 92264-5970
,PALM SPRINGS,CA 92262
Census Tract:9414.00
.......... I _ Ll
- -- A RI ESHERM NCANYON3310
i162?9 CTIVE 41 996 2/28/2018�HARRIS,SHERMAN SHERMANS DELI 8 BAKERY I
Y
PALM SPRINGS,CA 92262
Census Tract:9414.00
) 48 3728 ACTIVE 48 iz15/1999 6/30/2018 MARK HUNTERS PALM HUNTERS VIDEO BAR 3310
SPRINGS LTD
302-308 E ARENAS RD
PALM SPRINGS,CA 92262
ensus Tract:9414.00
- _ACTIVE 47 8/1WOW 7/31/2017 OHANNESINC OHANNES 3310
b) 367783 196 S INDIAN CANYON DR
PALM SPRINGS,CA 92262
L
Census Tract:9414.00 403308-'ACTI7 10l22 2003 19/30/2017 GUA CALIENTE TRIBAL SPA RESORT CASINO 5401 DINAH SHORE DR 33_
10
CORPORATION PALM SPRINGS,CA
01 E AMADO RD I92264-5970
PALM SPRINGS,CA 92262
I
Census Tract:9414.00
10)�429118 ACTIVE�47 ,9/12/2005 3/31/2018 SAVOURYS GOOD EARTH SAVOURYS INC 611 S PALM CANYON 3310
CUISINE INC DR,STE 7-442
�2277 N AVENIDA CABALLEROS PALM SPRINGS,CA
PALM SPRINGS,CA 92262 92264-7213
10
1 of 3
California ABC-License Query System-Data Portal http://www.abc.ca.gov/datport/Al-ICountyRep.asp
_ Census Tract 9414 00
11),430590 ACTIVE 48 10/13/2005 9/30/2017 SPURLINE INC SPURLINE 3310
200 S INDIAN CANYON DR
PALM SPRINGS,CA 92262
Census Tract:9414.00
12 441186 JACTIVE 48 8/16/2006 7/31/2017 CRAZY MELS INC SCORE THE GAME BAR 3310
301 E ARENAS RD
PALM SPRINGS,CA
92262-6635
Census Tract:9414.00 _ _ .f
13�443613 'ACTIVE 41 11/9/2006 110/3112017 APM RESTAURANTS INC SHAKEYS RESTAURANT 155 S AVENIDA _ w 3310 I
999 E TAHQU11Z CANYON WAY CABALLEROS
PALM SPRINGS,CA PALM SPRINGS,CA
92262-6707 92262-0130
Census Tract 9414.00
1 41445 76 7 ACTIVE ! 47 5/23/2007 ii4/30/2018 SUNDOWN ENTERTAINMENT ITROPICALE RESTAURANT - 3310
GROUP INC ITHE I
j 330 E AMADO RD
PALM SPRINGS,CA
t 92262-6437
i
1Census Tract_9414.00
15462024 ACTIVE 47 1/11/2008 12131/2017!HHC TRS PORTSMOUTH LLC RENAISSANCE PALM 14185 DALLAS PKWY, 3310
1888 E TAHQUFFZ CANYON WAY SPRINGS HOTEL #1150-LEGAL
�
(PALM SPRINGS,CA DALLAS,TX 75254
92262-8708
Census Tract:9414.00 _
16 4621"12 ACTIVE 47 3/11/2008 2/28/21018 IZOSO CACONCESSIONS LLC HOTELZOSO 3310
�150 S INDIAN CANYON DR
PALM SPRINGS,CA
92262-6604
Census
act:9414.00
17 467587 ACTIVE 41 9/11/2008 8/31/2017�ANGULO rGUILLERMO iMAXCYS GRILL 3 I 3310
HERNANDEZ
425 S SUNRISE WAY,STE F2
PALM SPRINGS,CA
92262-7663Census Tract:9414.00
'.. '..
i t I
18 607610 ACTIVE 47 5/199/2 M 001P1 �9130/2017 RIO AZ LLC
C MEXICAN BAR& IRIOGRI AZUL MEXICAN BAR& 1 13 3 0�11
350-52 S INDIAN CANYON DR
'I
PALM SPRINGS,CA I
92262-7827
CCensus Tract:9414.00
19)5?8944_1,SUREND, 48 3/15/2013 1212812018 NEW STYLE ENTERTAINMENT CLINIC BAR AND LOUNGE 33101
9:37:21 AM ( LLC
188 S INDIAN CANYON DR
PALM SPRINGS,CA
92262-6604
1 - Census Tract.9414,00_ _
20 529640 iIACTIVE 47 3/8/2013 8:56:30 9/3D/2017 DANLON,INC. WANGS IN THE DESERT 3310
AM 424 S INDIAN CANYON DR
PALM S PR INGS,CA
92262-7806
I
Census Tract:9414.00___
21 53218o ACTIVE 47 7/11/2013 6/30/2018 SIAM GOURMET LTD THAI SMILE PALM SPRINGS PO BOX2936 �3310
2:24:02 PM 100 S INDIAN CANYON DR (PALM SPRINGS,CA
PALM SPRINGS,CA 92263-2936
92262-6604
i
--------- --------_._..__.._._.._..._.._..........Census Tract:9414.00
11
2 of
California ABC-License Query System-Data Portal http://www.abc.ca.gov/datport/AHCowityRep.asp
22I535367_ACTIVE 48 11/14/2013 �5/31/2018 COPA ROOM INCORPORATED COPA NIGHTCLUB 330EAMADORD 13310
8:22:34 AM THE PALM SPRINGS,CA
244 E AMADO RD 92262-6437
PALM SPRINGS,CA
92262-6444
Census Tract:9414.00
23 540824 ACTIVE 48 12/10/2014 11/30/2017 JAYDUBYA ENTERTAINMENT, CHILL BAR 3310
4:50:59 PM LLC
212&216 S INDIAN CANYON
iDR
(PALM SPRINGS,CA
92262-6618
i
'Census Tract:9414.00
24 547826 ACTIVE 41 12/3/2014 11/30/2017 REGAL CINEMAS INC PALM SPRINGS STADIUM 9 7132 REGAL LN 3310
9:05:15 AM I 789 E TAOOUITZ CANYON WAY,#1802 'KNOXVILLE,TN
IPALM SPRINGS,CA 37918-5803
i92262-6705
7Census Tract:9414.00
561801 'ACTNE 47 9 35:031AM I12/31/2017 RUTTER,GLEN 214 E PALM ARENAS
RDA RETT SONGO AND GRILL
PATIO BAR 3310
25',
Census Tract:9414.00
261551950 'ACTIVE 47 12/31/2014 7/31/2017 RUBEN AND OZZYS OYSTER RUBEN AND OZZYS OYSTER 3310
10:19,08 AM BAR&GRILL,INC. BAR&GRILL INC
241 E TAHOUITZ CANYON WAY
PALM SPRINGS,CA
92262-6432
Census Tract: 00
27 555344 ACTIVE 48 4/28/2015 3/31/2018 FRANK,MELVI�N14 }TRYST 1400 KONA LN 3310�
8:20:57 AM 188 S INDIAN CANYON DR I PALM SPRINGS,CA
PALMS PR INGS,CA 1 I92264-9020
+ 92262-6604
Census Tract:
9O I
41 12/10/201528 561186 A 11/30/2017 MARIOSTALIAN CAFE IX INC MARIOS RALAN CAFE - - r331
1:28:44 PM 425 S SUNRISE WAY,BLDG F
STE 1
(PALM SPRINGS,CA
92262-7664 i
29 568731 'ACTIVE 47 6/8/2016
�1 513112 01 HUNTER
E ARENAS DOG LLC
RCA 0 - —
ICAFE PALETTE �—�--' 13310
PALM SPRINGS,
2:59:16 PM
192262-6635
—_07 .......8.. __....._.._- ErY,TAI414.00 ;ROOSTER AND THE PIG I }3310
30 3857 ACTIVE 47 3I6/2017 :32.58 2/28/2018 �SPEND
� AM ''356 S INDIAN CANYON DR i
(PALM SPRINGS,CA
92262-7827
LCensus Tract:9414.00
---End of Report---
For a definition of codes, view our gossary-
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Case No. 5.1415 PCN
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13