DeLong Proposes Later Alcohol Sales for Simmzys

Due to "community concern," 3rd District Councilman Gary DeLong has pushed back a hot-button agenda item set for Tuesday's meeting: an ABC license application he supports by Simmzys, the new family restaurant replacing the Shore House Cafe.

The application by Simmzys owner Mike Simms, which among other things seeks to sell beer and wine until midnight--two hours later than Shore House Cafe did--has been continued to the Dec. 13 City Council meeting because of what he called  “community concern." Simms did not return a message for comment Monday.

The previous license was surrendered by Shore House Cafe, making the license null and void, the ABC said. Simms is applying for a totally new license, for "on-sale beer and wine."

Simmzys which will operate at 5271 E. 2nd St. in Belmont Shore, filed an application with the ABC on Nov. 7, according to ABC District Administrator Vincent Cravens.

“There was a liquor license at that property, Shore House Cafe, but it was surrendered by the department when the property owner notified ABC that the business lost its lease,” he said.

Shore House Cafe was operating under an on-sale beer and wine license for a family restaurant. Cravens said the general practice is to issue the same conditions--operating hours, in this case--as the previous license when its changed hands within the year.

The conditions of the previous license, in this case the license held by Shore House Cafe, were to cease all alcohol sales at 10 p.m. But DeLong is recommending allowing the applicant to sell for an additional two hours, until midnight.

DeLong noted, in an email answer tonight to questions submitted by Patch earlier today, that most drinking-related nuisance issues occur after midnight. He also said that he is not aware of problems with establishments that have beer and wine only permits. 

Alcohol sales have caused problems from some bars for some residents over the years, prompting an ABC official to meet with the Belmont Shore Residentst Association last spring. DeLong sought some middle ground, including bar patio service ending at 10 p.m. Legends owner, Gene Rotondo, claimed city restrictions led by DeLong had driven him to sell the sports bar, which happens in January.

DeLong, in a Dec. 6 memo (see right) to Mayor Bob Foster and members of the City Council, is recommending the following conditions for the ongoing application of an “on-sale beer and wine license for a bonafide eating place,” which includes extending service time of alcohol from 10 p.m. to 12 a.m. each day of the week.

“Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 12:00 a.m. each day of the week,” according to the memo.

It also stated that “there shall be no amusement machines, pool tables, billiard tables or video game devices in the premises at any time, and that there shall be no live entertainment, dancing, disc jockey and no amplified music or stereo systems permitted on the premises at any time.”

For a complete list of DeLong's conditions see the pdf.

Cravens said Simmzys' application is pending. He said Shore House Cafe’s alcohol license was “surrendered by the department when the property owner notified ABC that the business lost its lease." 

Cravens said it is too early in the negotiation process to discuss any conditions of a license, be they hours, whether or  not they are allowed mutiple televisions, and that sort of thing.

“There is nothing in the file stating they are asking for extended hours,” he said. “They have to resolve this issue with the city before we will even start to discuss the issue with them. We will wait to see what the city decides, and we generally try to be in the same ballpark, so there are no conflicts." 

Cravens was unsure how many liquor licenses his agency has permitted currently in Belmont Shore, but he has previously acknowledged they are over-concentrated,meaning far more than the agency's guidelines have been supported by the city and approved by ABC. 

He did say Simmyzs application is to sell beer and wine in a family restaurant. 

DeLong has talked about improving the environment of drinking-related incidents that impact other business and residents around 2nd Street in Belmont Shore. He stated in a June 15 editorial on Belmont Shore Patch that “many Belmont Shore residents have been frustrated for many years. For me, it’s been building for 5 years — since I assumed office in July 2006.”

He and his staff were asked Monday morning for an update on the status or progress of a report he requested and which the City Council approved in June that would examine other permitting that might be issued to rein in problem businesses.

At least two residents requested that the application for Simmzys be delayed for further discussion (they were forwarded to Patch).

Below are some e-mailed questions to Delong/his staff, with his responses. Feel free to add questions in our comments, on the issue at hand:

Q: What is the latest on the Conditional Use permit changes that Councilman DeLong proposed and the council discussed at the July 7th meeting.

A: You will need to contact Director of Development Services Amy Bodek for this information.  I don't know when staff is schedule to present their recommendations to the Planning Commission. I do know they have been extremely busy with the Downtown Plan, General Plan Update, 2nd & PCH project, etc.

Q: Why consider, or push for approval of R-30: 5271 East 2nd Street, Simmzys, LLC, before the Conditional Use permitchanges have been completed.

A: The City has a responsibility to act in a timely manner.

Q: Councilman DeLong issued an editorial that ran on Belmont Shore Patch on June 15 stating that he has been hearingnumerous complaints from 2nd Street residents, and residents in the area, and stating his frustration has been building for "five years." So why consider approving this license change for Simmzys? Here is the link to the editorial — http://patch.com/A-jsHB 

A: I am not aware of any problems associated with restaurants with a Beer & Wine license that close before midnight.

Q: What background information has been discussed or taken into consideration when considering approving this liquor license change for Simmzys? Has the Vice/Police undertaken this issue yet, as they usually do for these applications?

A: Yes, Vice always reviews ABC licenses.

Q: Did the Police Chief not write a letter about late night problems from bars just months ago, and why then would a permit be favored for anything after 10pm on a weeknight in the Shore? In this case, Simmzys?

A: The vast majority of the problems occur after midnight.

Q: Do you have letters of support for this business from the neighborhood immediately around it, or from neighbors of its Manhattan Beach location, perhaps?

A: It is not typical to obtain letters of support.

Q: Why do you support this license change?

A: It is the responsibility of the City Council to consider every request that comes before it.