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Home My WebLink About2/6/2013 - STAFF REPORTS - 5A ��Q F A LM si09 .y W Y N FOR N`P CITY COUNCIL STAFF REPORT DATE: February 6, 2013 NEW BUSINESS SUBJECT: REQUEST BY NEW STYLE ENTERTAINMENT, LLC. FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL BEER, WINE AND DISTILLED SPIRITS (TYPE 48 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT THE PROPOSED COCKTAIL LOUNGE LOCATED AT 188 SOUTH INDIAN CANYON DRIVE. CASE: 5.1143 — PCN FROM: David H. Ready, City Manager BY: Craig Ewing, AICP, Director of Planning Services SUMMARY The applicant, New Style Entertainment, LLC., is requesting the City Council adopt a Resolution of Public Convenience or Necessity (PCN) for the sale of beer, wine and distilled spirits (Alcoholic Beverage Control Type 48 license) at the proposed cocktail lounge located at 188 South Indian Canyon Drive. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS (TYPE 48 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 188 SOUTH INDIAN CANYON DRIVE." PRIOR ACTIONS: On November 14, 2012, the Planning Commission approved a Conditional Use Permit (CUP) to allow a cocktail lounge at 188 South Indian Canyon Drive. Item No. 5.A. City Council Staff Report February 6, 2013— Page 2 Case No. 5.1143 PCN—New Style Entertainment, LLC BACKGROUND: The subject site is developed with several multi-tenant buildings that were developed in the 1960's. The site has a variety of existing restaurant, retail, commercial, night club and entertainment uses. The applicant proposes to operate a cocktail lounge occupying a suite in the northwest corner of the complex of approximately 1,720 square feet. The building is located at the northeast comer of South Indian Canyon Drive and Arenas Road and the suite was formerly occupied by the PS Wine retail store. The applicant proposes a cocktail lounge where customers may enjoy cocktails or other beverages while being entertained by local and/or independent artists and musicians. ANALYSIS: The applicant has applied for a "Type 48" license through the State of California Department of Alcoholic Beverage Control (ABC) for the proposed alcohol sales. The ABC summarizes 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 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. The proposed liquor license is located within a Census tract that exceeds the amount of on-sale licenses normally permitted; this is known as an "undue concentration" and is specifically defined by Section 23958.4 of the Business and Professions Code: 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 subject property is located within Census Tract #9414.00, which is primarily bounded by Alejo Road to the north, Sunrise Way to the east, Indian Canyon Drive to the west and Ramon Road to the south (see attached census map). This tract currently has thirty-one active on sale liquor licenses. Two licenses are authorized for the tract based on its population. The ABC will only issue the proposed liquor license if the Council determines that the public convenience or necessity would be served. The subject property is designated CBD (Central Business District) by the General Plan Land Use Element. This designation allows for "allows for a mix of commercial, residential, and office uses at a higher concentration, density, and intensity than in other areas of the City. The CBD serves as the main activity center and cultural core of the community and, as such, theatres, museums, retail, and other entertainment venues are encouraged here." The subject property will be an entertainment venue in the downtown district. The site is located on the corner of a major thoroughfare, South Indian Canyon Drive, and Arenas Road. This block has a number of entertainment and City Council Staff Report February 6, 2013— Page 3 Case No. 5.1143 PCN—New Style Entertainment, LLC commercial businesses that serve local and resort clientele; therefore, the proposed cocktail lounge will add to that mix. A list of the liquor licenses within the subject census tract is attached to this report. The list includes each business' name, license type and current status, according to the ABC. Those licensed to sell in the tract consist of hotels and resort hotels (Hilton, Marriott, Spa Hotel, etc.), restaurants (Shermans Deli, Johannes, Wangs, etc.) and cocktail lounges and nightclubs (Hunters, Spurline, Score, etc.). Since the property is a commercial property in the Census tract and located along a major thoroughfare, staff believes that the additional liquor license will not be inconsistent with the desired mix of commercial uses in the tract and downtown district. The license will serve the public convenience. Furthermore, the Planning Commission approved a CUP for the applicant at the site on November 14, 2012. FISCAL IMPACT: No Fiscal Impact. wing A CP Director of Pla ni g Services David H. Ready, City Manager Attachments: 1. 400' 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 N Department of Planning Services W�E Vicinity Map 5 TAHQUITZOR ETAHQUITZ CANYON WY i.. ' rc o X g I V ARENAS RQ o ARENAS RO _.__ ....... _ ,.. z a i I I i Legend) Project Site M 400' Radius Surrounding Parcels CITY OF PALM SPRINGS CASE NO: 5.1143 PCN DESCRIPTION: A request by New Style Entertainment, LLC for the adoption of a resolution of APPLICANT: New Style public convenience or necessity to sell beer wine and Entertainment, LLC distilled spirits at a proposed cocktail lounge located at 188 South Indian Canyon Drive, Zone RA (Resort Attraction). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER, WINE AND DISTILLED SPIRITS (TYPE 48 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 188 SOUTH INDIAN CANYON DRIVE. WHEREAS, New Style Entertainment, LLC. ("Applicant') has requested the adoption of a Resolution of Public Convenience or Necessity (Planning Case No. 5.1143 PCN) for a Type 48 alcohol license to sell beer, wine and distilled spirits at a proposed cocktail lounge located at 188 South Indian Canyon Drive, APN 508-081-003, Zone RA, Census Tract 9414.00; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell beer, wine and distilled spirits: license type 48 (On-sale General — Public Premises); and WHEREAS, the City Council is being asked to adopt a Resolution of Public Convenience pursuant to the requirements of the Alcoholic Beverage Control Board and applicant; and WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in connection with the request for a Resolution of Public Convenience or Necessity, including but not limited to the staff report and all written and oral testimony. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that an ABC Type 48 liquor license (On-sale General — Public Premises) at 188 South Indian Canyon Drive, serves the Public Convenience, subject to the preparation and continuous implementation of a security plan, as approved by the Chief of Police. ADOPTED THIS 6t' DAY OF FEBRUARY, 2013. 7�2-�-:- T - David H. Ready, City Manager ATTEST: James Thompson, City Clerk Resolution No. Page 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, 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: James Thompson, City Clerk City of Palm Springs, California RECEIVED New Style Entertainment, LLC JAN 28 2013 188 S.Indian Canyon Drive PIANNN GSERKU Palm Springs, CA 92262 0Pft gluPW Brook@cUnicbarps.com 760-333-5233 City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262 January 28, 2013 To Whom It May Concern, New Style Entertainment, LLC, DBA Clinic Bar Palm Springs,has a pending application with the CA Department of Alcohol and Beverage Control(ABC) for a Type 48, On Sale General - Public Premises liquor license. This license will be used at our Clinic Bar and Lounge location at 188 S Indian Canyon Drive in Palm Springs. During the application process,the ABC is requiring us to provide a Public Convenience or Necessity letter from a local governing council that supports New Style Entertainment LLC's application. This letter is a request by New Style Entertainment, LLC to the PS City Council to provide the information requested by ABC. Clinic Bar and Lounge is a hip new cocktail lounge to be opened in March 2013.The proposed sale of liquor is a natural component to this type of establishment. Clinic Bar will cater to a broad spectrum of people,both tourist and locals,that are looking for an upscale drinking establishment outside of Palm Springs'many hotels and restaurants. Clinic Bar will operate within all local laws and ordinances and will have no negative impact on the surrounding area Our staff will be TIPS certified so that they are aware of,and enforce,all laws regarding liquor sales. No minors or intoxicated individuals will be served. Further, Clinic Bar will employ a number of people and generate additional tax revenue for the city.We also plan to be an active part of the community by providing local artists a place in which to display their art,and by hosting fundraisers for various charities. Should you have any questions or concerns, I can be reached at 760-333-5233 or by email at Brook(a clinicbarps.com. mce ely, z New Style Entertainment, LLC California ABC-License Query System-Data Portal http://www.abc.ca.gov/datporVAHCountyRep.asp California Department of Alcoholic Beverage Control For the County of RIVERSIDE- (On-Sale Licenses) and Census Tract=9414 Report as of 1/28/2013 License License Orig.e Date Prirrery Ownerand Premises Mailing Code umber Status T Da[e Date Addr. Business Nacre address Cade CTIVE 47 3/31/1989 /30/2013 ALTER FAMILY PALM SPRINGS HILTON 310 PARTNERSHIP L-PSHIP RESORT 00 E TAHQUITZ CANYON WY PALM SPRINGS,CA 92262 Census Tract:9414,00 ) .r7777 7jCensus KA1vP MDR INC TREETBARRD 7ALM�Ract 9414 00 262 � 3) 81338 TIVE 47 5/12/1993 /30/2013 VALM STAG ,C14 0 9z 62 LAS BRISAS HOTEL F 3310 82328 : THE 47 /28/1993 12/31/2013 �(( URTYARD PMNAGEMENT RIOTT INTERNATIONAL 10SMITHFIELD ST,STERPORATION 300 00 E TAHQUITZ CANYON PITTSBURGH,PA AY 15222-2512 PALM SPRINGS,CA 92262 Census Tract:9414 00 5) !77_F_7 12/31/2013 GUA CALIENTE TRIBAL PA HOTEL RESORT _ & 3310 CORPORATION MINERAL SPRINGS 100 N INDIAN CANYON DR PALM SPRINGS,CA 92262 Census Tract:9414.00 16229 CTNE 41 3/6/1996 28/2013 401-23HARRIS,SHERMAN HERMANS DELI&BAKERY F310 01-23ETAHQURZ CANYON VVY PALM SPRINGS,CA 92262 Census Tract:9414.00 77F7 0/2013 MARK HUNTERS PALM UNTERS VIDEO BAR 7SPRINGS LTD 'PALMS Tr INN 9414.o2262 ensus 8) 7783 THE 47 8/10/2000 /31/2013 JC�FMfJS Tract RN C INCAANY NDR OHANNES 3310 S,CA 2262 721 JGH RESTAURANT WANGS 3310 ENTERPRISES INC 24 5 INDIAAN CANYON DR PALM SPRINGS,CA 92262-7806 -ensus Tract 9414.00 _F 10)77F77Census UA CALIENTE TRIBAL PA RESORT CASINO 5401 DINAH SHORE DRRPORATION PALM SPRINGS,CA 01 EAMADO RD 2264-5970 PALMSPRINGS,CA 92262 Tract:9414,01 77F7 11/30/2013 DNIGHT GROUP INC LAME iT ON MIDNIGHT PO BOX 296177 E TAHQUITZ CANYON WY PALM SPRINGS,CA 92263'101-109 PALM SPRINGS,CA 92262 Census Tract:9414.00 1 of 3 1/29/2013 8:58 AM California ABC-License Query System-Data Portal http://www.abc.ca.gov/datport/AHCountyRep.asp 12) 29118 THE 47 9/122005 /37/2013 (SAVOURYS GOOD EARTH AVOURYS INC 11 S PALM CANYON DR, 3310 :CUISINE INC �!S TE 7-442 277 N AVENIDA CABALLEROS ` 'PALMSPRINGS,CA PALM SPRINGS,CA 92262 2264-7213 Census Tract 9414.00 13)77F7 9/30/2013 �HARVCO LLC !RAINBOW RESTAURANT PO BOX 17517212 S INDIANCANYON DR ALM SPRINGS,CA 92263 PALM SPRINGS CA(92262-6618 jCensus Tract 9414.00 F77r77enSL PURLINE INC00S CANYON NrecDR ALM SPRINGS,CA 92262 _ 15) 41186 THE 48 8/16/2006 7/31/2013 CRAZY MELS INC CORE THE GPME BAR 3310 301 E ARENAS RD PALM SPRINGS,CA 92262-6635 - Census Tract 9414.00 16) 43613 CTNE - --�41 11/9/2006 10/31/2013 999AYT ( AHQURANTS INN 'r�EYS RESTAURANT -- -�- 3310- PALM SPRINGS,CA 92262-6707 jCensus Tract:9414.00 17)77F77(Census SUNDOWN ENTERTAINMENT ROPICALE RESTAURANTGROUP INC HE330 E AMADO RD PALMSPRINGS,CA 92262-64 3737 Tract 9414.00 18) 54327 7F 7/5/2007 /30/2013 C&H DESERT INVESTMENTS 'LEARY PUB&GRILLLLC 36 S INDIAN CANYON DR PALM SPRINGS,CA �92262-7806 7 7 7 7 jCensus Tract:9414.00 19) 8/1 77F 7/2R07 /30/2013 ION&ZA. NA RAFAN A LA LA CASITA RESTAURANT 7154 29 PALES HWY(DR 2284-2030 PALM SPRINGS,CA (92262-6604 (Census Tract 9414,00 0)77F77�Census DEVTI7,RK;HARD BONGO JOHNNYS PATIOI--14 E ARENAS RD BAR AND GRILL yALM SPRINGS,CA (( Tract:9414.00 21)77F77 STA MIRAGE HOMES INC MARGARRAS RESTAURANT 7520 AVE EL PUEBLO 3310 '(POOR E TAHQUITZ CANYON ATHEDRAL CITY,CA AY,STE B 2234-2797 (PALM SPRINGS,CA 92262-6748 ,Census Tract:9414,00 2)77F7-7 CAFE PALETTE LLC AFE PALETTE—7 310 315 E ARENAS RD '.92L -6635 r 2SPRINGS,CA Census Tract 9414.00 23) 62024 THEF 1/11/2008 71census 8ETAHQURT CANYONLLCRPRNGSHOTE ALM 11150A=PKWY,WAY DALLAS,TX 75254 PALM SPRINGS,CA .Trec[ 941400. _. of 3 1/29/2013 8:58 AM California ABC-License Query System-Data Portal http://www.abc.ca.gov/datport/AHComtyRep.asp 4)77F 7-7 �oSOICAC CANYON DR NS LLC HOTELZOSO 310 �4P62 6604NGS,CA Census Trect.9414.00 !. 5)77F77 GULO,GUILLERMO CCYS GRILL 3 310 HERN4NDEZ �25 S SUNRISE WAY,STE F2 '�=766 3NGS,CA S,CA Tract:9414 00 6)77F 77�ensus PEDERSEN,ERIK BOJE AFE SCANDIA356SINDWN CANYONDR PALMSPRINGS,CA92262-7827 Tract 9414.00 _ 7) 10/31/2013'9ON,LE ON RAYMOND 30RANBOW BAR&GRILL 0X 41 _� ^ 310 r16 SNYON DR PALM SPRINGS,CA 92264 SPRINGS,CA 2262-6618 77F7 1Census Tract:9414.00 r__ 28)507610 CTN/E-- —47 5/19/2011 1 18 26 /30/2013 �RLAZU CMEXICAN BAR& IR LAZUL MEXICAN BPR PM IL 350-52 S INDIAN CANYON DR PALM SPRINGS CA !!92262-7827 Census Tract:9414.00 ! 9y..519372 CTNE 41 /11/20124:22:10!. /31/2013 LOPEZ,JOSE RUBEN JR RUBEN AND 02ZYS OYSTER 310 PM '�41 E TAHQUfR CANYON BAR&GRILL AY �9AL6RINGS,CA -6432 !. 'Census Tract:9414.00 30)525997 CTNE 41 12/10/2012 11/30/2013 wRIO'S ITALIAN CAFE VIII, mARios ITALIAN CAFE V1II INC 2104 WASHINGTON ST, 310 12:4139 PM INC. 1B W25 S SUNRISE WAY,BLDG F BERMUDA DUNES,CA �STE 1 2203-8163 PALM SPRINGS,CA i92262-7664 ,�ensus Tract:9414.00 31)527617 CTNE 41 12/21/2012 11/30/2013 GOET2:DAV1D HAI AFE SCANDIA 1777 SPNDALWOOD 3310 11:14:18 AM 56 S INDIAN CANYON DR ALM SPRINGS,CA (PALM SPRINGS,CA 2262-5353 (92262-7827 Census Tract 9414.00 - --End of Report- - - For a definition of codes, view our glossary. of 1/29/2013 8:58 AM FFIEC Map Print Page 1 of 1 0446,02 E Sin Jacinto Wur 0 'n � C ro n Z y v - a 2 U L K m. Canyon PI rj O P ± w Taniansk Rd ¢ u 2 ¢ —„ ` E Calla Papagay. Z p` ` Alley ^ n ° z z 2 v T Z /90 2 c - n U c r 9' v v Z w 0 o Z _C T Vielela Dr r 2 c p o` EP1rN ❑ y F m E Casa Verde Way G L a m _ W Amado R I rn t T o E And,d is Rd F Andrea Rd W Z n O m E Tanga¢a ggtnyon Way c c Z 0. ? w Posen Reset. L r r/1 y E Awn.,Rd yr C c n E Arenas Rd Driveway - E Pasco Gracia 3 n E Saturnine Rd T dfoy Cir N Drive ay A O ' n v c W Li 0 z c_ O $UQC U amor Rd c o. v N Camino Parocola ci = = C U,.Ibin St c w o, — tj T E Paroccla PI 6 ti ny Dunes Rd U w c m Loguuita St W y :n %0448.U6 a w.,441e pr N o E O Y c ; S Riverside r _ _ w 20128e11ormo0oo Sba[Address 188 S INDIAN CANYON DR Legend City Name PALM SPGS Slate Abbr CA Highway Zip code Trnei M62 Msarorocoae 4oLao — Sheet state coae06 Cowry coda 065 Tract Code 9414.00