ORDINANCE NO. An ordinance amending the Los Angeles Sports and Entertainment District (LASED) Specific Plan, increasing the total number of permitted alcohol use approvals for alcoholic beverage sales for on-site consumption and allowing the service of alcohol to begin at 8:00 a.m. instead of 10:00 a.m. for up to eight of those establishments. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1 Subdivision 4 of Subsection C of Section 9 of the Los Angeles Sports 4. Alcohol Use Approvals for the Sale and Service of Alcoholic Beverages for On-Site Consumption, Including Restaurants, Cafes, Hotels, Nightclubs, Cabarets, Comedy Clubs, Dance Clubs, Sports Bars, Cinemas and Similar Uses, and Within the Central Plaza. Thirty-five Alcohol Use Approvals for on-site consumption, in addition to one establishment that may be allocated either as an on-site or off-site Alcohol Use Approval, shall be permitted and subject to the restrictions set forth in Section 12, Sec. 2. Subdivision 6 of Subsection C of Section 9 of the Los Angeles Sports 6. Alcohol Use Approvals for the Sale of Alcoholic Beverages for Off Site Consumption. Two Alcohol Use Approvals for off-site consumption shall be permitted and subject to the restrictions set forth in Section 13. A third Alcohol Use Approval may be allocated for off-site consumption subject to the restrictions set forth in Section 13, if not allocated for on-site consumption (pursuant to Section 9.C.4, above). Sec. 3. Subdivision 1 of Subsection A of Section 12 of the Los Angeles Sports 1. Establishments. A maximum total of 38 Alcohol Use Approvals (including on-site and off-site) shall be permitted. A maximum of 35 on-site establishments, which include, but are not limited to, hotels, restaurants, night clubs, theaters, cinemas, or bars, in addition to one establishment that may be allocated either as an on-site or off-site Alcohol Use Approval are permitted. An Alcohol Use Approval request seeking both off-site and on-site sales (such as a wine bar) shall be allocated for purposes of this Specific Plan as an off-site use, and shall be subject to the applicable conditions of both on-site sales and off-site 1
sales as outlined in this Specific Plan. Each hotel shall be considered a single establishment and shall be permitted to sell a full line of alcoholic beverages: (i) as part of its banquet, lobby, meeting room, pool area and room services; (ii) within mini-bars located in each guest room; and (iii) within other establishments that are physically located within the hotel. The Convention Center Hotel shall be considered a single establishment, even if it is comprised of more than one hotel on the Significant Hotel Parcel. One performing arts center shall be considered a single establishment and shall be permitted to sell a full line of alcoholic beverages. Of the 35 on-site Alcohol Use Approvals, one shall be reserved for a cinema for the sale of beer and wine only on Development Site 1, one shall be reserved for an additional hotel on Development Site 12, one shall be reserved for an additional restaurant on the Olympic East, West or North Subareas, and two shall be reserved for Development Site 1a. Sec. 4. Subdivision 3 of Subsection A of Section 12 of the Los Angeles Sports 3. Requirements regarding purchase of existing alcoholic beverage licenses. Of the 35 on-site Alcohol Use Approvals and the two off-site Alcohol Use Approvals, and the one Alcohol Use Approval that may be allocated for either on-site or off-site consumption, allowed by this Specific Plan, nine shall be purchased from existing State ABC licensed establishments located outside of the Specific Plan area and within the Central City Community Plan Area, the Pico Union I and II Redevelopment Project Areas, the Westlake Recovery Redevelopment Project Area, that portion of the Council District 9 Redevelopment Project Area within a five-mile radius from the intersection of 11th and Figueroa Streets, or that portion of the Adelante Eastside Redevelopment Project Area within a five-mile radius from the intersection of 11th and Figueroa Streets. Under the Alcohol Use Approval process, the Director or Zoning Administrator may act to further enlarge this repurchase area to include the entire five-mile radius from the intersection of 11th and Figueroa Streets (with the exception of the Hollywood Community Plan Area), upon a demonstrated good-faith effort by the Applicant and submission of the following documentation to the Director, Zoning Administrator and the Alcohol Advisory Group: (1) evidence of contacting the owners of all Type 20, 21,47 and 48 licenses within the repurchase area in writing; (2) evidence that site visits have been conducted to all license locations within the repurchase area to determine which are active; (3) evidence of following up on all licenses within the repurchase area that are not operable for possible purchase; 2
(4) evidence of following up on all referrals within the repurchase area of nuisance operations; and (5) demonstrated readiness to purchase State ABC licenses as they become available. For every five Alcohol Use Approvals issued, at least one shall be from among the nine State ABC licenses required to be purchased from existing licensed establishments, as referenced above. In addition to these nine State ABC licenses which are required to be purchased, a good-faith effort shall be made, to the satisfaction of the Zoning Administrator, to purchase an additional three State ABC licenses from existing licensed establishments which are located outside of the Specific Plan area and within the Central City Community Plan Area, the Pico Union I and II Redevelopment Project Areas, the Westlake Recovery Redevelopment Project Area, that portion of the Council District 9 Redevelopment Project Area within a five-mile radius from the intersection of 11th and Figueroa Streets, or that portion of the Adelante Eastside Redevelopment Project Area within a five-mile radius from the intersection of 11th and Figueroa Streets. Further, of the nine State ABC licenses which are required to be purchased, there shall be a priority to acquire these licenses from establishments that have created problems in the community, as determined by the State ABC. Sec. 5. Subsection C of Section 12 of the Los Angeles Sports and Entertainment District Specific Plan, Ordinance No. 174,224, as amended by Ordinance Nos. 178,134, 179,413 and 181,334, is amended to read as follows: C. Public Hearings by a Zoning Administrator. The Zoning Administrator shall conduct public hearings on at least nine of the 38 Alcohol Use Approval applications, with particular attention to nightclubs and Sports Bars. The Zoning Administrator shall conduct a public hearing on any Alcohol Use Approval involving a wine store seeking on-site and off-site consumption. If problems arise in connection with any of the 38 Alcohol Use Approvals, the Zoning Administrator shall conduct a public hearing on that approval in consultation with the Los Angeles Police Department (LAPD). Sec. 6. Subsection D of Section 12 of the Los Angeles Sports and Entertainment District Specific Plan, Ordinance No. 174,224, as amended by Ordinance Nos. 178,134, 179,413 and 181,334, is amended to read as follows: D. Discontinuance of Use. Notwithstanding LAMC Section 12.24 Q to the contrary, the 38 Alcohol Use Approvals permitted by this Specific Plan shall continue through the life of the Specific Plan. However, the Zoning Administrator may require an additional Alcohol Use Approval for replacement establishments if there is reasonable and credible evidence of nuisance activities associated with the previous establishment. 3
Sec. 7. Subdivision 1 of Subsection A of Section 13 of the Los Angeles Sports 1. Establishments. A maximum total of 38 Alcohol Use Approvals (including on-site and off-site) shall be permitted. A maximum of three off-site permits shall be permitted. An Alcohol Use Approval seeking both off-site and on-site sales (such as a wine bar) shall be allocated for purposes of this Specific Plan as an off-site use and shall be subject to the applicable conditions of both on-site sales and off-site sales as outlined in this Specific Plan. Sec. 8. Subdivision 2 of Subsection A of Section 13 of the Los Angeles Sports Ordinance Nos. 178,134, 179,413 and 181,334, is amended to read as follows. 2. Requirements regarding purchase of existing alcoholic beverage licenses. Of the 35 on-site Alcohol Use Approvals and the two off-site Alcohol Use Approvals allowed by this Specific Plan, and the one Alcohol Use Approval that may be allocated for either on-site or off-site consumption, nine shall be purchased from existing State ABC licensed establishments located outside of the Specific Plan area and within the Central City Community Plan Area, the Pico Union l and II Redevelopment Project Areas, the Westlake Recovery Redevelopment Project Area, that portion of the Council District 9 Redevelopment Project Area within a five-mile radius from the intersection of 11th and Figueroa Streets, or that portion of the Adelante Eastside Redevelopment Project Area within a five-mile radius from the intersection of 11th and Figueroa Streets. Under the Alcohol Use Approval process, the Director or Zoning Administrator may act to further enlarge this repurchase area to include the entire five-mile radius from the intersection of 11th and Figueroa Streets (with the exception of the Hollywood Community Plan Area), upon a demonstrated good-faith effort by the applicant and submission of the following documentation to the Director, Zoning Administrator and the Alcohol Advisory Group (1) evidence of contacting the owners of all Type 20, 21,47 and 48 licenses within the repurchase area in writing; (2) evidence that site visits have been conducted to all license locations within the repurchase area to determine which are active; (3) evidence of following up on all licenses within the repurchase area that are not operable for possible purchase; (4) evidence of following up on all referrals within the repurchase area of nuisance operations; and 4
(5) demonstrated readiness to purchase State ABC licenses as they become available. For every five Alcohol Use Approvals issued, at least one shall be from among the nine State ABC licenses required to be purchased from existing licensed establishments, as referenced above. In addition to these nine State ABC licenses which are required to be purchased, a good-faith effort shall be made, to the satisfaction of the Zoning Administrator, to purchase an additional three State ABC licenses from existing licensed establishments which are located outside of the Specific Plan area and within the Central City Community Plan Area, the Pico Union I and II Redevelopment Project Areas, the Westlake Recovery Redevelopment Project Area, that portion of the Council District 9 Redevelopment Project Area within a five-mile radius from the intersection of 11th and Figueroa Streets, or that portion of the Adelante Eastside Redevelopment Project Area within a five-mile radius from the intersection of 11th and Figueroa Streets. Further, of the nine State ABC licenses which are required to be purchased, there shall be a priority to acquire these licenses from establishments that have created problems in the community, as determined by the State ABC. Sec. 9. Subsection C of Section 13 of the Los Angeles Sports and Entertainment District Specific Plan, Ordinance No. 174,224, as amended by Ordinance Nos. 178,134, 179,413 and 181,334, is amended to read as follows: C. Public Hearings by a Zoning Administrator. The Zoning Administrator shall conduct public hearings on at least nine of the 38 Alcohol Use Approvals applications, with particular attention to nightclubs and Sports Bars, but may conduct public hearings on any of the 38 Alcohol Use Approvals. The Zoning Administrator shall conduct a public hearing on any Alcohol Use Approval involving a wine store seeking both on-site and off-site consumption. Sec. 10. Subsection D of Section 13 of the Los Angeles Sports and Entertainment District Specific Plan, Ordinance No. 174,224, as amended by Ordinance Nos. 178,134, 179,413 and 181,334, is amended to read as follows: D. Discontinuance of Use. Notwithstanding LAMC Section 12.24 Q to the contrary, the 38 Alcohol Use Approvals permitted by this Specific Plan shall continue through the life of the Specific Plan. However, the Zoning Administrator may require an additional Alcohol Use Approval for replacement establishments if there is reasonable and credible evidence of nuisance activities associated with the previous establishment. Sec. 11. Table 1, Item 11, of the Los Angeles Sports and Entertainment Specific Plan, Ordinance No. 174,224, as amended by Ordinance Nos. 178,134, 179,413 and 181,334 (Conditions for On-Site Consumption Permits), is amended to read as follows: 5
11. Establishments may serve alcohol 10:00 a.m. - 2:00 a.m., 7 days per week, except that up to eight establishments, including each hotel, may serve alcohol from 8:00 a.m. - 2:00 a.m., 7 days per week. Mini-bars located within hotel guest rooms shall not be limited in the hours of alcohol service. Sec. 12. Table 1, Item 22, of the Los Angeles Sports and Entertainment Specific Plan, Ordinance No. 174,224, as amended by Ordinance Nos. 178,134, 179,413 and 181,334 (Conditions for Alcohol Sales at Cinemas), is amended to read as follows: 22. Cinemas. The following conditions shall apply to cinemas: a. Sales of alcoholic beverages shall only be made from behind a counter, including a concession stand, portable stand or bar, or fixed bar, or by patrons making an order to a server in a seating area, for delivery by the server to the occupant of the seating area. Sales or service of alcoholic beverages by individual ambulatory vendors, commonly known as hawkers, is prohibited, and no server may carry a supply of unordered alcoholic beverages. b. Sales of alcoholic beverages for consumption off the premises is prohibited. c. Gross annual sales of alcoholic beverages shall not exceed 50% of the total gross annual food and beverage sales. d. No more than two (2) alcoholic beverages shall be sold or served to any one (1) person during any purchase transaction. e. Alcoholic beverages shall be served in non-glass containers that differ significantly in appearance from non-glass containers used for non-alcoholic beverages. f. At all times when the Applicant is serving alcoholic beverages, an employee shall enter and monitor activity within each Cinema auditorium no less than every 30 minutes, and lighting within auditoria shall remain at a sufficient level to allow employees to monitor alcoholic beverage consumption. g. Applicant shall post signs that state No Alcoholic Beverages Beyond This Point at all Cinema exits. h. No employee under 18 years of age may serve or sell alcoholic beverages. 6
Sec. 13. Table 1 of the Los Angeles Sports and Entertainment Specific Plan, Ordinance No. 174,224, as amended by Ordinance Nos. 178,134, 179,413 and 181,334 (Prohibition of Off-site Alcohol Sales), is amended by adding a new item 23 to read as follows: 23. Sales of alcohol for off-site consumption shall be prohibited. 7
Sec. 14. The City Clerk shall certify to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certify that this ordinance was passed by the Council of the City of Los Angeles at its meeting of. HOLLY L. WOLCOTT, City Clerk By Deputy Approved Mayor Approved as to Form and Legality MICHAEL N. FEUER, City Attorney By ' KENNETH T. FONG Deputy City Attorney Z7 Pursuant to Charter Section 559, I approve this ordinance on behalf of the City Planning Commission and recommend that it be adopted. Date %'Jl 2015 S\e attached report. File No(s). CF 14-1726-S1 Michsi^iLoGrande Director of Planning f <nu> m:\real propenvland use\land usemcenneth fong\ordinances\los angeles sports and entertainment district specific plan\city attorney report and draft ordinancevcity attorney lased specific plan amendment ordinance 2015.docx 8