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APPLICATION FOR DETERMINA1 ION OF "PUBLIC CONVENIENCE OR NECESSITY" ALCOHOL SALES Pursuant to Section 23958 and 23858.4 California Business and Professions Code Page 1 of 6 TO BE SUBMITTED TO CITY CLERK'S OFFICE ROOM 395, CITY HALL COUNCIL FILE NO. BACKGROUND INFORMATION TIME LIMIT FILE: As part of the application, the applicant must submit the names and addresses of property owners of all property adjacent (including across the street/alley) to the subject property on gummed labels. Applicant must also submit the following information: 1) notarized signature, 2) a site plan prepared by a map maker (see Planning Department for map maker's list), 3) one 4- by 6-inch picture of the property from each side of the site, and 4) a copy of all previous building permits for the site (Room 400, 201 North Figueroa Street). When you meet with ABC to get the crime and license concentration information for your site, you must bring back the ABC information (on the ABC form) to the City Clerk. Project Name Address Type of Business Basement Bar/Lounge Applicant Rio Hackford El Dorado Bar 416 South Spring Street, Los Angeles, CA Name 2828 19th Street San Francisco. CA 94110 Address (504) 569-8361 Phone Number/Fax Number Property Owner MSGG El Dorado Realty Partners, LLC Representative Name 818 West 7th Street, Suite 410 Address (213) 213-8512/(213)-8688 Phone Number/Fax Number Elizabeth Peterson Name 400 S Main St. Suite 808, Los Angeles, CA 90013 Address 213-620-1904 Phone Number/Fax Number A. PROJECT DETAILS THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ALL APPLICANTS: 1. Has the City previously approved a conditional use permit for alcoholic beverage sales at this site? Yes X No If Yes, what is the City case number(s) ZA 2010-0957 (CUB) ; 2. Have you recently filed for a new conditional use permit? Yes No. x . If Yes, provide the City case number(s)

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APPLICATION FOR DETERMINA1 ION OF"PUBLIC CONVENIENCE OR NECESSITY"

ALCOHOL SALES

Pursuant to Section 23958 and 23858.4California Business and Professions Code

Page 1 of 6

TO BE SUBMITTED TO CITY CLERK'S OFFICEROOM 395, CITY HALL

COUNCIL FILE NO.

BACKGROUND INFORMATION TIME LIMIT FILE:

As part of the application, the applicant must submit the names and addresses of property owners of all propertyadjacent (including across the street/alley) to the subject property on gummed labels. Applicant must also submitthe following information: 1) notarized signature, 2) a site plan prepared by a map maker (see Planning Departmentfor map maker's list), 3) one 4- by 6-inch picture of the property from each side of the site, and 4) a copy of allprevious building permits for the site (Room 400, 201 North Figueroa Street). When you meet with ABC to get thecrime and license concentration information for your site, you must bring back the ABC information (on the ABCform) to the City Clerk.

Project Name

Address

Type of Business Basement Bar/Lounge

Applicant Rio Hackford

El Dorado Bar

416 South Spring Street, Los Angeles, CA

Name2828 19th Street San Francisco. CA 94110Address(504) 569-8361Phone Number/Fax Number

Property Owner MSGG El Dorado Realty Partners, LLC

Representative

Name818 West 7th Street, Suite 410Address(213) 213-8512/(213)-8688Phone Number/Fax Number

Elizabeth PetersonName400 S Main St. Suite 808, Los Angeles, CA 90013Address213-620-1904Phone Number/Fax Number

A. PROJECT DETAILS

THE FOLLOWING QUESTIONS ARE TO BE ANSWERED BY ALL APPLICANTS:

1. Has the City previously approved a conditional use permit for alcoholic beverage sales at this site?Yes X No If Yes, what is the City case number(s) ZA 2010-0957 (CUB) ;

2. Have you recently filed for a new conditional use permit? Yes No. x . If Yes, provide the Citycase number(s)

Page 2 of 6

Has a previous ABC license been issued? Yes x No . If Yes, when and what type of licenseHistorical usage as a bar; license unavailable

4. Type of Alcohol Sales Requested (on- or off-site, beer and wine, full alcohol, etc.):48- on-site full alcohol

5. Size of Business 6,150 saw ft.

6. % of floor space devoted to alcoholic beverages 14%

7. Hours of Operation:

a. What are the proposed hours of operation and which days of the week will theestablishment be open? 11 am to 2 am daily

b. What are the proposed hours of alcohol sales? 11 am to 2 am

8. Parking:

a. Is parking available on the site? (If so, how many spaces?) No

b. If spaces are not available on the site, have arrangements been made for off-site parkingby lease or covenant? No

c. Where? N/A

d. How many off-site spaces? N/A

9. Has the owner or lessee of the subject property been suspended from the sale of alcoholicbeverages on the subject property or fined by the Alcoholic Beverage Control Department (ABC)in the last 365 days and if so, for what reasons? Provide ABC case number and a copy of final ABCaction.N/A

10. Will video game machines or pool or billiard tables be available for use on the subject property andif so, how many? N/A

11. Will you have signs visible on the outside which advertise the availability of alcohol?N/A

12. How many employees will you have on the site at any given time? 4-9

13. Will all employees who sell alcohol attend the local State ABC training class on how to properly sellalcohol? Yes

14. What security measures will be taken including:

a. Posting of rules and regulations on the premises to prevent such problems as gambling,loitering, theft, vandalism and truancy.

b. Will security guards be provided and if so, when and how many?

3 evening security guards from 8 pm to 2 am

Page 3 of 6

15. Will there be minimum age requirements for patrons? If so, how will this be enforced?

Yes, only patrons 21 years and older will be admitted into the bar/lounge. Electronic age identification devices will be used to enforce this.

16. Are there any other alcoholic beverage outlets within a 600-foot radius of the site? Provide namesand address of such business and type of business.

Please see attached list

17. Are there any schools (public or private and including nursery schools) churches or parks within1,000 feet of your proposed business? Where? (Give Address)

Cal Tot Child Care Center - 300 S. Spring St.; LA Barber College - 440 S Broadway;New City Church of LA - 415 S. Spring St.; European School of Makeup - 548 S Spring St. #1109

18. Will the exterior of the site be fenced and locked when not in use?

Yes

19. Will the exterior of the site be illuminated with security lighting bright enough to see patrons fromthe street? Yes

B. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED WHERE ONLY THE OFF-SITE SALE OFALCOHOLIC BEVERAGES IS SOUGHT:

1. Will the gross sale of alcohol exceed the gross sale of food items on a quarterly basis?

2. Will cups, glasses or other similar containers be sold which might be used for the consumption ofliquor on the premises?

3. Will beer and wine coolers be sold in single cans or will wine be sold in containers less than 1 liter(750 ml)?

4. Will "fortified" wine (greater than 16% alcohol) be sold?

C. THE FOLLOWING QUESTIONS ARE TO BE ANSWERED WHERE ONLY THE ON-SITE SALE OFALCOHOLIC BEVERAGES IS SOUGHT:

1. What is the occupancy load as determined by the Fire Department (number of patrons)?261

2. What is the proposed seating in all areas? 145 seats

3. Is there to be entertainment such as a piano bar, juke box, dancing, live entertainment, movies,etc.? (Specify?) DJ, Live Entertainment

4. If a cocktail lounge is to be maintained incidental to a restaurant, the required floor plans must showdetails of the cocktail lounge and the separation between the dining and lounge facilities.

See plans.

Page 4 of 6

5. Food Service

a. Will alcohol be sold without a food order? Yesb. Will there be a kitchen on the site as defined in the Los Angeles Municipal Code?

No

6. Will discount alcoholic drinks or a "Happy Hour" be offered at any time?Yes

Provide a copy of the proposed menu if food is to be served.

N/AD. PUBLIC CONVENIENCE AND NECESSITY EVALUATION

The City of Los Angeles is very concerned if a new request to sell alcohol is subject to one of the conditionsbelow. There is a strong likelihood that the City will deny your "public convenience or necessity" applicationif one of the above listed conditions apply to your site. (It is strongly suggested that you contact your CouncilOffice and discuss your project. If the Council Office does not oppose your project, you should then checkwith your local area police vice unit as well as the Planning Department Public Counter at (213) 977-6083for the determination of whether the proposed site is within a Specific Plan area, and the CommunityRedevelopment Agency (CRA) project staff at (213) 977-1682 or 977-1665, to determine if your site is in aCRA Project Area. If any of the five conditions listed below apply to your site, you should carefully considerif you want to file for a Public Convenience or Necessity finding.

1. The proposed site is in an area with a long-term level of undue concentration of alcoholic beverageoutlets.

2. The geographic area is the target of special law enforcement activity, i.e., police task force isworking on reducing vice in the area, or eliminating juvenile crime (such as cruising or graffiti) organg activity.

3. The proposed site is in close proximity to sensitive uses, including schools, parks, churches, youthactivities, homeless shelters, mental health or alcohol or drug treatment centers.

4. The geographic area has elevated levels of alcohol-related crimes, including but not limited to:public intoxication, driving under the influence, assault, vandalism, prostitution, drug violations,loitering.

5. The proposed site is located in a Specific Plan or Community Redevelopment Agency Project areawhich specifically includes a policy to control future alcoholic beverage sales.

E. If the project site is not subject to one of the above criteria, your project will be evaluated by the City Councilwith consideration given to the following possible benefits and detriments to the community:

1. Possible Benefits

Would the business:

a. Employ local residents (how many)b. Generate taxes (provide estimate)c. Provide unique goods and services (which ones)d. Result in an aesthetic upgrade to the neighborhood (in what exact way)e. Contribute to the long term economic development (how)f. Provide a beneficial cultural/entertainment outlet (specify)

Page 5 of 6

2. Possible Detrimental Impacts

Is the immediate area in which the license is sought subject to: (Check with your local PoliceDepartment area "Senior Lead Officer")

a. Excessive calls to the Police Departmentb. Police resources being already strainedc. High rates of alcoholism, homelessness, etc.d. Large "youth" (under 21) population

3. With regard to the operation of the proposed business explain:

a. The method of business operation: (large volume of alcohol to food sales, "late" hours(after midnight), high % unskilled (no ABC training class) staff, high % of underage(under 21) staff, etc.)

b. Would the business duplicate a nearby business already in existence?

c. Other non-alcohol sales business options available so alcohol does not have to be sold,e.g., more specialty products, broader range of items like fresh meats or fruits andvegetables, etc.

The City Council will evaluate these factors and make a decision on the overall merits of your request. Therefore,you should answer below as to why you believe any of these above listed beneficial or detrimental conditions applyto your project and provide any documented proof to support your belief:•*

Please see attachment

Page 6 of 6

F. APPLICANT'S AFFIDAVIT

Under penalty of perjury the following declarations are made:

a. The undersigned is the owner or lessee if entire site is leased, or authorized agent of the owner withpower of attorney or officers of a corporation (submit proof).

b. The information presented is true and correct to the best of my knowledge.

Date

State of Co. /4 ,„; County of Lo c. /1-01

Applicant signature/"(S GO et_ r)cseerboAer ur r /eherAiaxii Lc.c.

r l err < gvaer Signature of property owner if tenant or lessee is filling application

On 11 Datei '2_0 9.. before me,

personally appeared Er; \cif

i1/4) c Ndtary Pubirc

Name(s) of Signer(s)

5r3sonally known to me (or proved to me on the basis of satisfactory evidence to be the person(y) whose name(g)re subscribed to the within instrument and acknowledged to me tha she/they executed the same in

i her/their authorized capacity(ies*, and that b#23her/their signatureA on the instrument the personl,8); or theentity upon behalf of which the personced) acted, executed the instrument.

WITNESS my hand and official seal.

Signature clN- blic

FLORA NGUYCOMM. # 1908364 2

NOTARY PUBLIC - CALIFORNIALOS ANGELES COUNTY

My Comm. Expires Oct 16, 20141

* The Planning Department has a list of private map makers who will prepare the names and addresses for you.This list is available at the public counter, Room 300, Counter N, 201 North Figueroa Street or 6251 Van NuysBoulevard, Van Nuys. Alternatively, you may obtain a list of such adjoining owners from the City Clerk's Office(Room 730, 201 North Figueroa Street) or from a title company and prepare the labels yourself.

** You may add additional pages to your response if needed. Please utilize numbering system of this form to assistin the review of the responses.

CP-7612 (10/22/01) PAWORDPROC\CPFORMS\CP7000\7612.wpd

Representative:Elizabeth Peterson Group, Inc.Elizabeth Peterson400 S Main St. #808Los Angeles, CA 90013T: [email protected]

PCN ATTACHMENT

El Dorado Bar414-416 South Spring St.Los Angeles, CA 90013

6, 150 Sq. Ft. Basement Bar/Lounge

Applicant:Rio Hackford

Mandom LLC2828 19th St.San Francisco, CA 94110

T: [email protected]

E. If the project site is not subject to one of the above criteria, your project will be evaluated bythe City Council with consideration given to the following possible benefits and detriments to thecommunity:

1. Possible Benefits - Would the business:

a. Employ local residents (how many)Applicant will contribute to the local community by providing as many as 20 jobs tolocal residents.

b. Generate taxes (provide estimate)Applicant anticipates approximately $750,000 to $950,000 in annual taxable sales.

c. Provide unique goods and services (which ones)The proposed basement bar/lounge within the existing adaptive reuse buildingknown as the "El Dorado" will convert the existing vacant basement space into aviable commercial space that will not only service the residents above and thesurrounding neighborhood, but also attract residents and visitors from the greaterarea. This unique basement cocktail lounge will provide the Downtown communitya place to enjoy specialty craft drinks while enjoying the musical experiences of liveentertainment provided by a seasoned hospitality veteran.

d. Result in an aesthetic upgrade to the neighborhood (in what exact way)The 12-story building is located in Downtown's historic core and financial districtand still retains its original architectural features. Built with a highly stylized and

brightly-colored facade, enameled brick and terra cotta, the building serves as ahistoric monument of the area, which the El Dorado Bar will enhance and revitalizeby transforming the building into a popular destination.

e. Contribute to the long-term economic development (how)The location is in the midst of an increase in development and improvement thatfavor great economic growth for all businesses in the area. The El Dorado Bar, withits vast improvements to the location, will attract new community based businessesto the surrounding vicinity, which will further stimulate growth throughout thegrowing residential community of the historic core and all of downtown Los Angeles.

f. Provide a beneficial cultural/entertainment outlet (specify)The El Dorado Bar is designed for and geared towards the unique Downtown LosAngeles community and the surge of cultural renaissance it is experiencing. Thelocation's rich history combined with the sophisticated revitalization of thebasement lounge will provide a beneficial cultural/entertainment outlet as peoplewill be able to socialize and interact while enjoying specialty cocktails as they take inthe unique musical styling of the night.

2. Possible Detrimental Impacts

a. Excessive calls to the Police DepartmentWith a comprehensive security plan, this project aims to create a safe and secureenvironment within the El Dorado Bar for all patrons while also maintaining a levelof control and safety and mitigating any noise or inappropriate conduct directed atthe immediate neighbors and leaseholds. Furthermore, the El Dorado Bar SecurityStaff will provide a strong presence within the area, and thus the project will notlead to excessive calls to the Police Department.

b. Police resources being already strainedPolice resources are not strained in this area, and the applicant is committed toproviding security to mitigate any strain on the LAPD that may arise.

c. High rates of alcoholism, homelessness, etc.The security measures negotiated between the applicant and LAPD will mitigateany issues that may arise.

d. Large "youth" (under 21) populationThere is not a large "youth" population in this area.

3. With regard to the operation of the proposed business explain:

a. The method of business operation: (large volume of alcohol to food sales, "late hours(after midnight), high % unskilled (no ABC training class) staff, high % of underage(under 21) staff, etc.).The applicant is committed to providing a responsible venue to the community andwill strictly adhere to the conditions of the Conditional Use Permit granted for thesite, which will be developed in collaboration with LAPD. The applicant will providesecurity in consultation with and per site-specific recommendations from theDepartment of Alcoholic Beverage Control and Los Angeles Police Department. Allemployees involved in alcohol sales will attend the Los Angeles Police Department's"STAR" training program with follow up courses every 24 months. Electronic ageverification devices will be used to determine age of patrons purchasing alcohol.

b. Would the business duplicate a nearby business already in existence?No. While there are existing complementary hospitality-oriented establishments inthe surrounding area, none match the unique experience tailored to the building'srich historic architecture created by the El Dorado Bar.

c. Other non-alcohol sales business options available so alcohol does not have to be sold,e.g., more specialty products, broader range of items like fresh meats, or fruits andvegetables, etc.N/A