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HomeMy WebLinkAboutHuntington Beach Beer Company - Public Hearing re: Revocat 11 .Ji"iff CITY OF HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO Honorable Mayor and City Council Members VIA Dr Penelope Culbreth-Graft DPA City Administrator FROM Kenneth W Small Chief of Police cl�- SUBJECT Huntington Beach Beer Company Revocation Appeal Hearing DATE October 29 2007 On October 15 2007 the City Council held a public hearing to consider the appeal of the Huntington Beach Beer Company of the revocation of their Entertainment Permit Following the public hearing the appeal hearing was continued until November 5 2007 to allow the owner of the Huntington Beach Beer Company Cesar Pena and the Police Department to work on a settlement agreement A settlement agreement has been reached and the appeal hearing can be closed The highlights of the settlement agreement are as follows • The Police Department rescinded the revocation letter dated July 3 2007 • The Police Department issued a Conditional Entertainment Permit to the Huntington Beach Beer Company for the period August 1 2007 through August 1 2008 • No dancing will be allowed at the location for the period August 1 2007 through February 1 2008 • Upon receipt of the first adjudicated Civil Citation there will be a five (5) day suspension of the Entertainment Permit • Upon receipt of the second adjudicated Civil Citation there will be a fifteen (15) day suspension of the Entertainment Permit • Upon receipt of the third adjudicated Civil Citation there will be a thirty (30) day suspension of the Entertainment Permit • Upon receipt of the fourth adjudicated Civil Citation the Entertainment Permit will be revoked A complete copy of the settlement agreement is available for your review if you would like to see it If you have any questions please let me know 00 5- CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA92648 P 0 BOX 70 POLICE DEPARTMENT Tel (714) 960 8811 Kenneth W Small Chief of Ponce ENTERTAINMENT PERMIT THIS PERMIT ALLOWS ONLY THE ACTIVITY SHOWN BELOW BY THE PERSON OR PERSONS TO WHOM THE PERMIT IS ISSUED THIS PERMIT IS NOT TRANSFERABLE ISSUED TO HUNTINGTON BEACH BEER COMPANY 201 Maim Street#E Huntington Beach, CA 92648 Effective Dates August 1,2006 through August 1,2007 CONDITIONS 1 Hours of Entertainment 11 00 AM to 100 AM Daily 2 Types of Entertainment Entertainment amplified and non amplified not otherwise prohibited or regulated by City Ordinance or City Permit Process or any conditions set forth by the A B C is approved 3 No patron dancing There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks Alcoholic drinks shall not be included in the price of admission 4 Entertainment will not be audible beyond 50 feet of the building in any direction (HBMC 8 40 112 ABC License) 5 All exterior doors and windows shall be closed during times of entertainment All entertainment must remain inside the establishment at all times 6 Security Guards At least(1)when entertainment is present The guards must be clearly identifiable as security guards and must possess a valid Guard Card from the State of California 7 This permit is valid only when used in conjunction with a valid Conditional Use Permit allowing entertainment at the premises 8 This permit must be posted In a conspicuous place on the premises described above 9 Calls for Ponce service at your establishment deemed excessive as described in 5 44 050 HBMC as well as any violations of your A B C License or Conditional Use Permit can result in the suspension or revocation of your Entertainment Permit 10 Per section 5 28 030 HBMC no person conducting maintaining or carrying on a business or having charge or control thereof which permits entertainment to be allowed on its premises shall permit to be admitted on such business premises any minor under the age of twenty one years if any alcoholic beverages are consumed dispensed or sold on the premises unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian 11 Must obey all state local and municipal laws including but not limited to the No Smoking statue under Labor Code 64045 ISSUE DATE August 1 2006 Kenneth W Small Chief of Police Page 1 of 1 1 tSl ` G(A i 2- f 'J, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA92648 PO BOX 70 POLICE DEPARTMENT Tel (714) 960 8811 Kenneth W Small Chef of Police ENTERTAINMENT PERMIT THIS PERMIT ALLOWS ONLY THE ACI'IVTTY SHOWN BELOW BY THE PERSON OR PERSONS TO WHOM THE PERMIT IS ISSUED THIS PERMIT IS NOT TRANSFERABLE ISSUED TO HUNTINGTON BEACH BEER COMPANY 201 Main Street#E Huntington Beach, CA 92648 Effective Dates August 1,2006 through August 1,2007 CONDITIONS 1 Hours of Entertainment 11 00 AM to 1 00 AM Daily 2 Types of Entertainment Entertainment amplified and non amplified not otherwise prohibited or regulated by City j Ordinance or City Permit Process or any conditions set forth by the A B C is approved 3 Patron dancing is allowed limited to interior dance floor per CUP 4 There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks Alcoholic drinks shall not be included in the price of admission 5 Entertainment will not be audible beyond 50 feet of the building in any direction (HBMC 8 40 112 ABC License) 6 All exterior doors and windows shall be closed during times of entertainment All entertainment must remain inside the establishment at all times 7 Security Guards At least(1)when entertainment is present The guards must be clearly identifiable as security guards and must possess a valid Guard Card from the State of California 8 This permit is valid only when used in conjunction with a vafid Conditional Use Permit allowing entertainment at the premises 9 This permit must be posted in a conspicuous place on the premises described above 10 Calls for Police service at your establishment deemed excessive as described in 5 44 050 HBMC as well as any violations of your A B C License or Conditional Use Permit can result in the suspension or revocation of your Entertainment Permit 11 Per section 5 28 030 HBMC no person conducting maintaining or carrying on a business or having charge or control thereof which permits entertainment to be allowed on its premises shall permit to be admitted on such business premises any minor under the age of twenty-one years if any alcoholic beverages are consumed dispensed or sold on the premises unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian 12 Must obey all state local and municipal laws including but not limited to the No Smoking statue under Labor Code 64045 ISSUE DATE December i9 2006 1 Kenneth W Small Chief of Police DRUG USE Page 1 of 1is 1 I October 15, 2007 -Council/Agency Agenda - Page 5 D PUBLIC HEARING Anyone wishing to speak on an OPEN public hearing item is requested to complete the attached pink form and give it to the Sergeant at Arms located near the Speakers Podium CD-'m (City Council) Public Hearing to Consider Appeal by the Huntington Beach Beer any of the Revocation of the Entertainment Permit for Huntington Beach Beer any located at 201 Main Street Communication from the Chief of Police transmitting the following Statement of Issue NOTICE IS HEREBY GIVEN that on Monday October 15th 2007 at 6 00 p m in the City Council Chambers 2000 Main Street Huntington Beach the City Council will hold a public hearing to consider the appeal by HB Beer Company Inc of the revocation of the Entertainment Permit for HB Beer Company Inc which is located at 201 Main Street Suite E Huntington Beach California 92648 ON FILE A copy of the proposed request is on file in the City Clerk s Office 2000 Main Street Huntington Beach California 92648 for inspection by the public ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the request as outlined above If you challenge the City Council s action in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the public hearing Direct your written communication to the City Clerk ■ Staff report ■ City Council discussion ■ Open public hearing ■ Following public input close public hearing Recommended Action Motion to Following the public hearing deny the appeal from the Huntington Beach Beer Company 2 SPEAKERS CONTINUED TO 11/05/07 TO ALLOW CHIEF OF POLICE AND BUSINESS A OWNER TO RRIVE AT AN AGREEMENT FOR A CONDITIONAL ENTERTAINMENT PERMIT APPROVED 6-0-1 (CARCH/O ABSTAINED) D 2 (City Council) Public Hearing to Consider an Appeal by Mayor Pro Tern Debbie Cook of the Planning Commission's Approval of Mitigated Negative Declaration (MND) No 06-008/Conditional Use Permit (CUP) No 06-035 and Variance (VAR) No 07-001 for the First Christian Church Remodel and Expansion Located at 1207 Main Street Communication from the Director of Planning transmitting the following Statement of Issue NOTICE IS HEREBY GIVEN that on Monday October 15 2007 at 6 00 PM in the City Council Chambers 2000 Main Street Huntington Beach the City Council will hold a public hearing on the following planning and zoning items NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday October 1st 2007 at 6 00 p m in the City Council Chambers 2000 Main Street Huntington Beach the City Council will hold a public hearing to consider the appeal by HB Beer Company Inc of the revocation of the Entertainment Permit for HB Beer Company Inc which is located at 201 Main Street Suite E Huntington Beach California 92648 ON FILE A copy of the proposed request is on file in the City Clerk s Office 2000 Main Street Huntington Beach California 92648 for inspection by the public ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the request as outlined above If you challenge the City Council s action in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at or prior to the public hearing Direct your written communication to the City Clerk Joan L Flynn City Clerk City of Huntington Beach 2000 Main Street 2nd Floor Huntington Beach CA 92648 (714) 536-5227 Lf\j Oak b NOTICE OF APPEAL TO CITY COUNCIL OF A POLICE DEPARTMENT ACTION Date 7/6/2007 TO Police Dept(1 Copy) Date Delivered 7/6/2007 ot City Attorney(1 Copy) Date Delivered 7/6/2007 �Ia� Filed By Cesar Pena Owner HB Beer Company Regarding Entertainment Permit Suspension Tentative Date for Public Hearing TBD Copy of Appeal Letter Attached Yes LEGAL NOTICE AND A P MAILING LIST MUST BE RECEIVED IN THE CITY CLERK S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Joan L Flynn City Clerk ext 5227 Fee Collected Form Completed by 61V &nam �rnih , 0(1 jt K AA fi r M6 6rak,) Taw JRdd ✓ ✓ 2007 JUL -6 AM ii 48 gVl O`t P� �fiVWIL4TINGTON BEACH BEER COMPANY `€r y & RESTAURANT iJ,ITNG)i Ors S � Cti 201 Main Street Ste E Huntington Beach Ca 92648 (714)960 5343 July 6 2007 Re Notice to Appeal for Entertainment Permit Suspension I Cesar Pena, am appealing the decision in the letter I received dated July 2, 2007 made by the Huntington Beach Police Department to suspend the Entertainment Permit for HB Beer Company The grounds for my appeal are 1 I have received no written notice regarding the majority of the incidents 2 There is no evidence that these incidents ever occurred as a result from HB Beer Company 3 We have had no judgment from the ABC regarding any issue 4 We have continued to do everything possible to deter intoxication&battery I have only received 4 certified letters from the Police Department regarding incidents that have occurred Many of the incidents of Public Intoxication,Disturbing the Peace and Vandalism were never reported to me in writing In addition I have seen no evidence that these incidents occurred as a direct result of HB Beer Company With regard to the Entertainment Permit Violations,we have only received 5 letters(Oct 9, 2006, Jan 28, Mar 9 & 16, Apr 6, 2007)of the 14 violations you've indicated One of these letters, a certified letter with a citation,was received beyond the 30 days appeal process stated on the ticket Nowhere in the accompanying letter did it indicate that I still had the right to Appeal from the time I received the letter, not from the ticket date Had I known that I would have not paid the ticket and started an Appeal Regarding the ABC violations there has been no judgment made from the ABC as to whether any violation occurred Furthermore,we have continued to do everything within our power to deter any problems from occurring We have been one of the only establishments in the downtown to have a licensed Security Company We have increased the number of security guards to control the patrons On April 17,2007, all of our employees, as well as Long Boards, Hurricanes, &Aloha Grill,attended a certified LEADS class with the ABC The ABC Agent stated as long as you use due diligence to identify an individual to be over 21, then that is all we ask" Since then we have required all individuals under the age of 25 J J CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO Honorable Mayor and City Council Members VIA Dr Penelope Culbreth Graft City Administrator FROM Kenneth W Small Chief of Police 0- SUBJECT Huntington Beach Beer Company Entertainment Permit Revocation DATE October 1 2007 On July 2 2007 1 initiated action to revoke the Entertainment Permit for the Huntington Beach Beer Company located at 201 Main Street The Huntington Beach Beer Company has appealed the revocation and a public hearing will be held at the City Council Meeting on October 15 2007 My decision to revoke the permit was based on the following information Since August 1 2005 the Huntington Beach Police Department responded to the following police related calls for service and police related incidents involving the Huntington Beach Beer Company Loud Music Complaints 4 Intoxicated Patron Arrests 13 Assault/Battery 7 Misc Disturbances 8 Verbal Warning 11 Warning Letters 3 COP/City Inspections 2 Civil Citations/Letters 4 Crime/Information Reports 36 B&P/ABC Violations 7 Entertainment Permit Violations 14 Below is the brief description of police calls for service at the Huntington Beach Beer Company September 2005 September 3 2005— Disturbing The Peace / Battery DR 2005-16175 September 8 2005— Public Intoxication DR 2005-16425 January 2006 January 1 2006 — Loud Music (Verbal Warning to owner) January 19 2006 — Loud Music (Verbal Warning to owner) February 2006 February 17 2006 — Entertainment Permit Violation DR 2006 2732 February 18 2006 — Battery / Intoxicated subjects / minor involved DR 2006-3144 April 2006 April 20 2006— Public Intoxication / Disturbing The Peace DR 2006-7059 April 27 2006— Public Intoxication DR 2006-7343 April 30 2006— Public Intoxication / Disturbing The Peace DR 2006-7684 May 2006 May 27 2006 — Disturbing The Peace / Fight CN 06054333 May 28 2006 — Disturbing The Peace CN 06054860 May 31 2006 — Entertainment Permit Violation (Warning to Manager Josh Hayes) June 2006 June 24 2006 — Public Intoxication /Vandalism DR 2006-11421 June 24 2006 — Public Intoxication /Vandalism DR 2006-11422 June 25 2006 — Public Intoxication / Battery DR 2006-11436 July 2006 July 1 2006— Disturbing The Peace (Verbal Warning to Manager Josh Hayes) July 4 2006— Public Intoxication / Battery (2 victims) DR 2006-12193(4) July 14 2006 — Disturbing The Peace CN 06076950 July 16 2006 — Defrauding An Innkeeper DR 2006 13115 July 26 2006 —Vandalism CN 06082365 July 29 2006 —ABC Violation (Verbal Warning to Manager Josh Hayes) August 2006 August 6 2006— Disturbing The Peace CN 06087129 August 11 2006— Disturbing The Peace CN 06089147 August 20 2006 — Entertainment Permit/ Municipal Code Violation DR 2006-15588 August 31 2006— Entertainment Permit (Verbal Warning to Manager) September 2006 September 1 2006—ABC Conditions Violation (Verbal Warning to Yolanda) September 2 2006—ABC Conditions Violation (Verbal Warning to Manager) September 16 2006 — Public Intoxication DR 2006-17494 September 24 2006— Entertainment Permit Violation DR 2006-18059 September 24 2006 —Over Capacity DR 2006-18059 October 2006 October 6 2006 — Disturbing The Peace CN 06112329 October 8 2006— Loud Music (Verbal Warning to Owner) October 9 2006— Entertainment Permit Violation DR 2006-19205 October 22 2006— Battery DR 2006 20172 October 29 2006 — Public Intoxication DR 2006 20488 October 29 2006 — Entertainment Permit Violation DR 2006 20490 November 2006 November 4 2006 — Minor Purchase/ Possess Alcohol DR 2006-20995 November 9 2006 — Entertainment Permit Violation DR 2006-21349 December 2006 December 8 2006 —Sell Alcohol to a minor DR 2006 23267 December 23 2006 — Public Intoxication DR 2006-24275 January 2007 January 26 2007 — Minors drinking alcohol DR 2007 1717 January 27 2007 —ABC Condition Violation January 28 2007 — Entertainment Permit Violation DR 2007 1785 February 2007 February 3 2007 — Entertainment Permit Violation (Verbal Warning to Chris Cassidy) February 24 2007—Overcrowding (Verbal warning to staff) March 2007 March 9 2007— Entertainment Permit Violation DR 2007-4395 March 16 2007 — Loud Music/ Entertainment Permit Violation DR 2007-4823 March 17 2007— Disturbing The Peace/ Public Intoxication DR 2007-4904 March 24 2007 — Disturbing The Peace / Public Intoxication DR 2007-5395 March 29 2007— Drinking In Public DR 2007 5716 April 2007 April 6 2007— Entertainment Permit Violation / Minor on premises DR 2007 6245 April 7 2007— Public Intoxication DR 2007-6244 April 17 2007 — Disturbing The Peace CN 0741188 May 2007 May 19 2007 — Entertainment Permit Violation DR 2007 9024 Civil Citations The Huntington Beach City Treasurers office advised that the Huntington Beach Beer Company has paid fines for the following civil citations all of which were uncontested Citation Number HB73725 DR 2007-1785 $250 00 Fine paid on 5/1/07 Citation Number HB73711 DR 2007-4395 $500 00 Fine paid on 6/13/07 Citation Number HB73712 DR 2007 4823 $1000 00 Fine paid on 6/13/07 Owner Advisement On several occasions Detective Brian Smith spoke with Mr Pena who is the owner of Huntington Beach Beer Company Detective Smith advised Mr Pena of the continued calls for service and entertainment permit violations He also discussed managements inability to operate the business within the guidelines set forth by the City of Huntington Beach and the ABC Mr Pena was advised that continued violations might lead to the revocation of the Huntington Beach Beer Company s Entertainment Permit Captain Chuck Thomas also met with Mr Pena and advised him of the continued police related problems at the location and told him that a continuation of the problems may lead to a revocation of his Entertainment Permit I met with Mr Pena following the revocation of the Entertainment Permit to determine whether he would be interested in obtaining a conditional Entertainment Permit This would allow him to continue providing entertainment at the location within the provisions established by the conditional permit Mr Pena and I could not agree on the conditions so no conditional Entertainment Permit was issued He has been able to continue operating under the conditions of his previous Entertainment Permit during the appeal of the revocation Since Mr Pena and the Huntington Beach Beer Company received the Entertainment Permit Revocation Letter there have been no additional reported incidents related to alcohol or entertainment It appears that the numerous warnings given to the Huntington Beach Beer Company were ineffective however once the Entertainment Permit was revoked they began to comply with applicable regulations Huntington Beach Municipal Code 5 44 090 states that three (3) or more violations of the same provision or six (6) or more violations of any of the provision of Chapter 5 44 of the Municipal Code and/or the conditions of an Entertainment Permit within any 12 month period can subject the Entertainment Permit to revocation by the Chief of Police Between August 1 2006 and June 1 2007 (10 months) the Huntington Beach Police Department documented 12 violations of the conditions listed on the Entertainment Permit Below is a synopsis of the documented Entertainment Permit violations August 20, 2006 DR 2006 15588 Violation of Condition 4 At 1 20 am Officers were over 200 feet away from the establishment when they could hear loud music originating from the location for over 20 minutes The music was being generated from a disc jockey inside of the Huntington Beach Beer Company August 31, 2006 Warning Given Violation of Condition 3 During the evening of August 31 2006 Officers observed several patrons dancing inside the Huntington Beach Beer Company At that time they did not have a Conditional Use Permit or Entertainment Permit that would allow patron dancing September 24, 2006 DR 2006 18059 Violation of Condition 3 At 0100 hours Officers observed 20 40 patrons dancing inside of the Huntington Beach Beer Company The report indicates that staff has been warned about dancing by Officer Zumwalt at least 5 times prior After being notified about the violation the staff made minimal efforts to stop the patron dancing During this event officers also conducted an occupancy check which showed that the bar was over the prescribed occupancy level of 229 October 9, 2006 DR 2006 19205 Violation of Condition 4 At 11 30 pm Officers could hear loud music coming from the Huntington Beach Beer Company The music was being generated by a live band that was playing inside the location The Officers noticed that the rear doors were open and they suspected that this is why the music was so loud The Officers contacted Mr Pena and advised him of the noise disturbance Approximately 30 45 minutes later the Officers once again could hear loud music coming from the Huntington Beach Beer Company This time the rear windows and doors were closed however external speakers had been turned up so that the music could be heard from more than 50 feet away October 29, 2006 DR 2006-20490 Violation of Condition 1 and 3 At 1 05 am Officers entered the Huntington Beach Beer Company after a patron threw a lit cigarette at them from the second floor balcony When they entered the location the Disc Jockey was still playing music There were about 30 patrons dancing At this point the Huntington Beach Beer Company Entertainment Permit did not authorize dancing and entertainment was only authorized until 1 00 am When Officers spoke to the manager about the violations he stated that it did not matter if they had dancing because they were getting their dance permit in one month November 9, 2006 DR 2006-21349 Violation of Condition 10 At 11 25 pm Officers observed a group of subjects inside of the location who appeared to be under 21 years old These subjects included an 18-year-old female 20-year-old female 19- year old male and a 19 year-old female Some of the minors had fictitious ID cards which the Officers noticed immediately upon examination of them January 28, 2007 DR 2007 01785 Violation of Condition 1 At 1 35 am Officers observed several patrons dancing on the open dance floor inside of the Huntington Beach Beer Company The officers notified the manager who asked them if it was really that big of a deal Entertainment was only authorized until 1 00 a m February 3, 2007 Warning Violation of Condition 6 Officers noticed that the doors were open during hours of entertainment a violation of the Entertainment Permit The open doors allow excess noise to escape the premises creating a disturbance March 9, 2007 DR 2007-04395 Violation of Condition 6 At 10 30 pm Officers observed that the front door leading into the Huntington Beach Beer Company was propped open while entertainment (dancing) was occurring In this report Officer Zumwalt states that he has warned the management on multiple occasions that it is a violation of their Entertainment Permit to keep the doors open At 11 50 pm Officers once again noticed that the front door was left open and that the manager was standing next to the open door March 16, 2007 DR 2007-04823 Violation of Condition 6 Officers observed the rear door open from 10 30pm until 10 50 pm while entertainment was taking place At 11 15 pm Officers were standing on the northeast corner of Main/Walnut when they could hear loud dance music coming from the Huntington Beach Beer Company They could also see that the front door and upstairs patio windows were open At one point an officer walked approximately 150 feet away from the Huntington Beach Beer Company and could still hear the music that originated from the location April 06, 2007 DR 2007 06245 Violation Condition 11 (former 10) At 11 45 pm Officers located a younger looking female patron inside the location They contacted the female and determined that she was 20-years old The female advised them that she entered the location using a fictitious ID May 19, 2007 DR 2007 09024 Violation of Condition 11 (former 10) At 11 45 pm Officers observed a group of young looking patrons inside of Huntington Beach Beer Company The female was later identified as a 20-year-old female who had used another person s identification card to gain access into the location The 20 year old female was 5 08 tall 130 pounds with brown hair and green eyes The female on the identification card had a physical description of 5 03 tali 130 pounds with brown hair and green eyes Huntington Beach Municipal Code 5 44 050 subsection (1) which is listed as Condition #10 of the Entertainment Permit (August 1 2006 thru August 1 2007) states Calls for Police service at your establishment deemed excessive as described in 5 44 050 HBMC as well as any violations of your ABC License or Conditional Use Permit can result in the suspension or revocation of your Entertainment Permit The municipal code section establishes fifteen (15) police related calls for service as excessive The Huntington Beach Beer Company had 33 police related calls for service between June 1 2006 and June 1 2007 Included in the 33 calls for service were 5 incidents related to violations of their ABC license and 12 incidents that were violations of their Entertainment Permit It is requested that following the public hearing the council deny the appeal from the Huntington Beach Beer Company Attachments 1 Entertainment Permit (August 1 2005 through August 1 2006) 2 Entertainment Permit (August 1 2006 through August 1 2007) 3 Entertainment Permit (August 1 2006 through August 1 2007 revised December 19 2006 to allow dancing) r � JJ � CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA92648 PO BOX 70 POLICE DEPARTMENT Tel (714) 960 8811 Kenneth W Small Chief of Police ENTERTAINMENT PERMIT THIS PERMIT ALLOWS ONLY THE ACTIVITY SHOWN BELOW BY THE PERSON OR PERSONS TO WHOM THE PERMIT IS ISSUED THIS PERMIT IS NOT TRANSFERABLE ISSUED TO HUNTINGTON BEACH BEER COMPANY 201 Main Street#E Huntington Beach, CA 92648 Effective Dates August 1, 2005 through August 1, 2006 CONDITIONS 1 Hours of Entertainment 1100 AM to 1 00 AM Daily 2 Types of Entertainment Entertainment amplified and non amplified not otherwise prohibited or regulated by City Ordinance or City Permit Process or any conditions set forth by the A 8 C is approved 3 No patron dancing There shall be no requirement for patrons to purchase a minimum number of alcoholic drinks Alcoholic drinks shall not be included in the price of admission 4 Entertainment will not be audible beyond 50 feet of the building in any direction (HBMC 8 40 112 ABC License) 5 All exterior doors and windows shall be closed during times of entertainment All entertainment must remain inside the establishment at all times 6 Security Guards At least(1)when entertainment is present The guards must be clearly identifiable as security guards and must possess a valid Guard Card from the State of California 7 This permit Is valid only when used in conjunction with a valid Conditional Use Permit allowing entertainment at the premises 8 This permit must be posted in a conspicuous place on the premises described above 9 Calls for Police service at your establishment deemed excessive as described in 5 44 050 HBMC as well as any violations of your A B C License or Conditional Use Permit can result in the suspension or revocation of your Entertainment Permit 10 Per section 5 28 030 HBMC no person conducting maintaining or carrying on a business or having charge or control thereof which permits entertainment to be allowed on its premises shall permit to be admitted on such business premises any minor under the age of twenty one years if any alcoholic beverages are consumed dispensed or sold on the premises unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian 11 Must obey all state local and municipal laws including but not limited to the No Smoking statue under Labor Code 64045 You have the right to appeal the conditions orf-this penrnh'ta t$e C ty 25tint tl-Ip tFcem�neipFo�ded by Secttorr2,48,i 2Apf`-_fbi''HUfitington Beach Zoning and Subdiv�sio rdfnance;e�tcept hat 11 eie 9tiur�tteS appe srh Zs E fib d Yr ii t dy_—ger45w{ taz ve 5 ay o€s�zvlce f� 'Lod h f ''� this NyFJtten police,, ISSUE DATE August 23 2005� ICE t Kenneth W Small Chief of Police B @' Page 1 of 1 1 years old to show 2 forms of Identification We have also continued to report and turn in fake Id's to the Downtown Sub-Station Cesar Pena Owner HB Beer Company 687U mil/ Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntm,ton Beach and Orange County by Decree of the Supenor Court of Orange County State of California under date of Aug 24 1994 case A50479 PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am the Citizen of the United States and a - NOTICE THECIT COUNCIL resident of the County aforesaid, I am over BEFORETHOf THE ITY�OUN�IL the age of eighteen years and not a party CITY OFHUNTINGTON to or interested in the below entitled matter NOTICE IBEHEREBY GIV EN onam a principal clerk of the HUNTINGTON t berat15thMonda 2007 °at 6 00 p in in the City BEACH INDEPENDENT a newspaper of Council Chambers 2000 Main Street Huntington general circulation printed and published in Beach the City Council the City of Huntington Beach County of will hold a public heag to consider the appel m Orange, State of California and the panyy nBcBeer om of Cthe revocation of the Enter attached Notice is a true and complete copy tamment Permit for NB Beer Company Inc as was printed and published on the which is located at 201 following date(s) Main tmgtorneBe chteCall forma 92648 ON FILE A copy of the proposed request is on file in the City Clerk s Office 2000 Main Street Huntington Beach California 92648 SEPTEMBER 2 0 2 7 2 0 0 7 for inspection by the , / public ALL OCTOBER 0 4, 1 1 , 2 0 0 7 SONSINTE are invited to at tend said hearing and express opinions or sub mit evidence for or against the request as outlined above If you challenge the City Coun cil s action in court you may be limited to rats ing only those issues you or someone else raised at the public declare under penalty of perjury that the hearing described in this notice or in written cor respondence delivered foregoing is true and correct to the City at or prior to the public hearing Direct your written com munication to the City Clerk Joan L Flynn City Clerk Executed on OCTOBER 1 1 , 2 0 0 7 City of Huntington Beach 2000 Main Street at Huntington Beach California 2noFloor , Huntington Beach CA 92648 (714)536 5227 Published Huntington i Beach Independent Sep 20 27 October 411 2 v 4 11 007 093 826 Signature Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County State of California under date of Aug 24 1994 case A50479 PROOF OF PUBLICATION STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am the Citizen of the United States and a - NOTICEOFPUBUCHEARING HE resident of the County aforesaid, I am over BEFORETOFTH COUNCIL the age of eighteen years and not a party CITY OFHUNTINGTON to or interested in the below entitled matter BE am aprincipal clerk of the HUNTINGTON NOTICE o HEREBY EREBY Oc t berEN 15thMonda 2007 Oat BEACH INDEPENDENT a news a er of Coo pm in the c00 p p Council Chambers 2000 Main ton general circulation printed and published in BeachSt the tCtyntinCouncl the City of Huntington Beach County of will hold mg to con public near sider the ap Orange State of California and the panyealyInBcBof the attached Notice is a true and coin lete co revocation of the Enter p copy tarnment Permit for HB as was printed and published on the Beer Company Inc which is located at 201 following date(s) Main Street Suite E Huntington Beach Cali forma 92648 ON FILE A copy of the proposed request is on file in the City Clerks Office 2000 Main Street Huntington Beach California 92648 S EPTEMBER 2 0, 2 7, 2 0 0 7 for inspection by the public ALL STED PE OCTOBER 0 4, 1 1 , 2 0 0 7 SONSINTE are invited to at tend said hearing and express opinions or sub mit evidence for or against the request as outlined above If you challenge the City Coun cd s action incourt you may be limited to rats ing only those issues you or someone else raised at the public hearing described in this declare, under penalty of perjury that the notice or in written cor respondence delivered foregoing is true and correct to the City at or prior to the public hearing Direct your written corn mumcation to the City Clerk Joan L Flynn City Clerk Executed on OCTOBER 1 1 , 2 0 0 7 City of Huntington Beach reet at Huntington Beach California 2oo2ndFl or Huntington Beach CA 92648 (714)536 5227 p� Published Huntington / 1%0/ �lJ �f� Beach Independ October ent Sep temb- — 4 11e2007 27 .4 b / 93 826 Signature