The URL can be used to link to this page

Home My WebLink AboutPlanning Commission 2023-03-28 Agenda Packet Planning Commission Regular Meeting Tuesday, March 28, 2023, 7:00 P.M. AGENDA Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: https://tinyurl.com/PlanningCommission23 Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 815 0028 1975# One Tap Mobile: US: +16694449171,, 81500281975# This meeting will be held in-person. The public may attend in-person or participate virtually using Zoom. How to participate in the meeting virtually: • Submit public comment in writing before 4:00 p.m. the day of the meeting to PlanningPublicComment@cityofsanrafael.org • Join the Zoom webinar and use the 'raise hand' feature to provide verbal public comment. • Dial-in to Zoom's telephone number using the meeting ID and press *9 to raise your hand, and *6 to unmute yourself, then provide verbal public comment. If you experience technical difficulties during the meeting, please contact PlanningPublicComment@cityofsanrafael.org. Members of the public may speak on Agenda items. CALL TO ORDER RECORDING OF MEMBERS PRESENT AND ABSENT APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS PUBLIC NOTIFICATION OF MEETING PROCEDURES ORAL COMMUNICATIONS FROM THE PUBLIC Remarks are limited to three minutes per person and may be on anything within the subject matter jurisdiction of the body. Remarks on non-agenda items will be heard first, remarks on agenda items will be heard at the time the item is discussed. CONSENT CALENDAR The Consent Calendar allows the Commission to take action, without discussion, on Agenda items for which there are no persons present who wish to speak, and no Commission members who wish to discuss. 1. Approval of the Planning Commission Meeting Minutes of February 28, 2023 Recommended Action – Approve minutes as submitted. ACTION ITEMS 2. 842 Fourth Street (George’s Nightclub/Evolution Nightclub & Restaurant) – Revocation of Use Permit UP05-01 that permitted establishment of live entertainment and a cocktail lounge as part of a restaurant/supper club; T4MS 60/80 Zone; Esly Figueroa, Business Operator; Evolution Nightclub & Restaurant LLC, Business Owner; Sills Jordan R Revocable 2007 Trust, Property Owner; Case Number(s): PLAN23-018 Recommended Action – Adopt a resolution revoking Use Permit UP05-01 DIRECTOR’S REPORT COMMISSION COMMUNICATION ADJOURNMENT Any records relating to an agenda item, received by a majority or more of the Commission less than 72 hours before the meeting, shall be available for inspection online. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. The Planning Commission will take up no new business after 11:00 p.m. at regularly scheduled meetings. This shall be interpreted to mean that no agenda item or other business will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The Commission may suspend this rule to discuss and/or act upon any additional agenda item(s) deemed appropriate by a unanimous vote of the members present. Appeal rights: any person may file an appeal of the Planning Commission's action on agenda items within five business days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action on a subdivision. An appeal letter shall be filed with the City Clerk, along with an appeal fee of $350 (for non-applicants) or a $4,476 deposit (for applicants) made payable to the City of San Rafael and shall set forth the basis for appeal. There is a $50.00 additional charge for request for continuation of an appeal by appellant. These Minutes subject to approval on March 28, 2023 Planning Commission Regular Meeting Tuesday, February 28, 2023, 7:00 P.M. AGENDA Participate In-Person: San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael, CA 94901 or Participate Virtually: Watch on Webinar: https://tinyurl.com/PlanningCommission23 Watch on YouTube: http://www.youtube.com/cityofsanrafael Telephone: 1 (669) 444-9171 Meeting ID: 883 2384 1452# One Tap Mobile: US: +16694449171,, 81500281975# CALL TO ORDER Chair Saudi called meeting to order at 7:00 PM. She then invited Planning Manager Leslie Mendez to call roll. RECORDING OF MEMBERS PRESENT AND ABSENT PRESENT: JON PREVITALI, COMMISIONER (Virtual) SHINGAI SAMUDZI, COMMISSIONER (In-person) KELLY SHALK, COMMISSIONER (In-person) JON HAVEMAN, VICE-CHAIR (In-person) SAMINA SAUDE, CHAIR (In-person) ABSENT ALDO MERCADO, COMMISSIONER ALSO PRESENT: LESLIE MENDEZ, PLANNING MANAGER (In-person) MONICA LY, SENIOR PLANNER (In-person) ALEXIS CAPTANIAN, HOUSING ANALYST ALI GUIDICE, COMMUNITY DEVELOPMENT DIRECTOR CHRIS HESS, ASSISTANT DIRECTOR APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS No changes were made to the order of the agenda. PUBLIC NOTIFICATION OF MEETING PROCEDURES Chair Saude invited Planning Manager Leslie Mendez, who informed the community the meeting is streamed live to YouTube and members of the public can provide public comment either on the telephone, through Zoom, or in person. She explained the process for community participation in-person, on the telephone and Zoom. ORAL COMMUNICATIONS FROM THE PUBLIC There was no commination from community members. CONSENT CALENDAR 1. Approval of the Planning Commission Meeting Minutes of January 24, 2023 Recommended Action – Approve minutes as submitted. Chair Saude invited public comment and there was none. Vice-Chair Haveman moved, and Commissioner Samudzi seconded to approve both the Consent Calendar. Acting Chair Saude then invited Planning Manager Leslie Mendez to take roll: AYES: Commissioner Previtali, Samudzi, Shalk, Vice-Chair Haveman, and Chair Saude. NOES: None ABSENT: Commissioner Mercado. ABSTAIN: None Motion carried 5 – 0 ACTION ITEMS 2. Annual Progress Report for General Plan and Housing Element (RHNA) P23-001 Presentation of the Annual Progress Report (APR) on the status of policies and programs identified in the City’s General Plan and the City’s progress toward meeting its share of the Regional Housing Need Allocation (RHNA) issued by the Association of Bay Area Governments (ABAG) Project Planner: Monica Ly Monica.Ly@cityofsanrafael.org and Alexis Captanian Alexis.Captanian@cityofsanrafael.org Recommended Action – Accept the General Plan Annual Progress Report and the Housing Element Annual Progress Report for 2022 and direct staff to present the reports to City Council. Chair Saude invited Staff to present the annual Progress Report for General Plan and Housing Element. Planning Manager, Leslie Mendez presented the presenter Monica Ly along with other staff members being Alexis Captanian, Alicia Giudice, and Chris Hess. Chair Saude invited public comment and there were two comments, staff responded. Chair Saude asked for questions from the Planning Commission and staff responded. Commissioner Samudzi moved, and Commissioner Previtali seconded to accept the General Plan Annual Progress Report and the Housing Element Annual Progress Report for 2022 and direct staff to present to City Council. Chair Saude then invited Planning Manager Leslie Mendez to take roll: AYES: Commissioner Previtali, Samudzi, Shalk, Vice-Chair Haveman, and Chair Saude. NOES: None ABSENT: Commissioner Mercado ABSTAIN: None Motion carried 5 – 0 DIRECTOR’S REPORT Planning Manager reported on the following items: 1. Last day of COVID Emergency, last day of Virtual attendance for the Board. 2. March 7th, 2023 meeting is cancelled next meeting will be held on the 28th of March. 3. The upcoming Design Review Board is focusing on 1515 Fourth street and Wildcare facility renovation. COMMISSION COMMUNICATION Chair Saude asked if any members have any communication and allowed opportunity to provide comments. ADJOURNMENT There being no further business, Acting Chair Saude adjourned the meeting at 8:07 PM. _____________________________ LESLIE MENDEZ, Planning Manager APPROVED BY PLANNING COMMISSION ON ____________, 2023 Community Development Department – Planning Division Meeting Date: March 28, 2023 Agenda Item: 2 Case Numbers: PLAN23-018 Project Planner: Alicia Giudice (415) 485-3092 Leslie Mendez, (415) 485-3095 REPORT TO PLANNING COMMISSION SUBJECT: 842 Fourth Street (George’s Nightclub/Evolution Nightclub & Restaurant) – Revocation of Use Permit UP05-01 that permitted establishment of live entertainment and a cocktail lounge as part of a restaurant/supper club; T4MS 60/80 Zone; Esly Figueroa, Business Operator; Evolution Nightclub & Restaurant LLC, Business Owner; Sills Jordan R Revocable 2007 Trust, Property Owner; Case Number(s): PLAN23-018 EXECUTIVE SUMMARY On January 10, 2006, the Planning Commission adopted Resolution No. 06-02 approving Use Permit (UP05-01) to allow live entertainment and a cocktail lounge (i.e. nightclub) as part of a restaurant/supper club at 842 4th Street. The Use Permit conditions stipulated, among other provisions, that food service and on-site security be provided during all hours of operation of the nightclub use. The Nightclub is owned by Evolution Nightclub & Restaurant, LCC and does business under the name of George’s Nightclub. Throughout the years, the San Rafael Police Department (PD) has received numerous calls to respond to incidents at George’s Nightclub. Since the business re-opened in the spring of 2021 following pandemic restrictions being lifted in Marin County, PD has received service calls related to incidents at or related to the nightclub with increased frequency. Following the shooting and double homicide that occurred in July 2021 involving people associated with a performance at the club, a Code Enforcement Officer was assigned to conduct inspections to ensure compliance with the terms and conditions as established as a part of the Use Permit. Numerous violations were noted, detailed, and conveyed to Ms. Figueroa, the business operator, in a letter dated September 8, 2021 with a request to correct and comply. Follow-up inspections since the September 2021 communication indicate that the business has made no movement to correct the identified Use Permit violations and the PD continues to receive and respond to frequent disturbance calls directly related to the club’s operations. Given that George’s Nightclub continues to operate in non-compliance with fundamental conditions required of the Use Permit and continues to cause frequent and ongoing disturbances requiring PD intervention, staff has brought Use Permit 05-01 up for a revocation hearing pursuant to the authority of San Rafael Municipal Code (SRMC) Section 14.30.070 - Revocation of discretionary permits. RECOMMENDATION It is recommended that the Planning Commission take the following action: 1. Adopt a resolution revoking Use Permit UP05-01 (Exhibit1) REPORT TO PLANNING COMMISSION - Case No: PLAN23-018 Page 2 BACKGROUND Evolution Nightclub & Restaurant, LLC, doing business as (dba) George’s Nightclub, has Use Permit approval for a supper club and cocktail lounge with live entertainment located in Downtown San Rafael at 842 4th Street on the north side of 4th Street between Lootens Place to the west and Lincoln Avenue to the east. It occupies approximately 5,325 square feet of building space and is currently zoned T4MS 60/80. George’s Nightclub and its predecessors have been a longstanding fixture in Downtown San Rafael. Initially approved for live entertainment in November of 1984 (UP84-81), after Use Permit expiration, the Planning Commission adopted Resolution No. 06-02 on January 10, 2006, approving Use Permit UP05- 01 for the re-establishment of live entertainment and a cocktail lounge as a part of a restaurant/supper club. See Attachment 1 of Exhibit 1 for a copy of Use Permit UP05-01. The Use Permit includes several conditions of approval and was approved upon finding that the “The proposed live entertainment use and cocktail lounge at a restaurant, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of to the general welfare.” Conditions of Use Permit approval were included to monitor operating, site management and security, business license maintenance, hours of operation, and operation as a bona fide eating place. The nightclub holds a Type 47 Alcoholic Beverage Control (ABC) license, which also authorizes the sale of beer, wine, and distilled spirits provided in conjunction with operations as a bona fide public eating place. Figure 1: Vicinity Map ANALYSIS Use Permit 05-01 approving the live entertainment and cocktail lounge at 842 4th Street includes conditions of approvals (COAs) designed to address and monitor business operations, site management and security, business license maintenance, hours of operation, and operation as a bona fide eating place. George’s Nightclub reopened for business after the COVID quarantine in the beginning of April 2021. Based on postings on their Facebook page, the first scheduled live performance was on May 25, 2021 (The Happys). As outlined below, evidence shows that since reopening, George’s Nightclub has been operating in direct violation of several fundamental conditions of the Use Permit approval and that numerous incidents of REPORT TO PLANNING COMMISSION - Case No: PLAN23-018 Page 3 over-intoxication and violence related to club operations constitute a public nuisance which is both detrimental to PD resources and detrimental to the public health, safety, and welfare, of the surrounding community. COA #11 – City Business License In accordance with San Rafael Municipal Code (SRMC Chapter 10.04 – Business License Tax), Use Permit condition number 11 requires that the business operator maintain a valid business license and that any contract employees (e.g. disc jockey and live entertainers) obtain a valid business license prior to working on site. George’s Nightclub does not currently have a valid business license; it expired on January 1, 2022 (see Attachment 2). The business license for the restaurant operator onsite, Pibil Yucatan Food/Porchetta, expired on January 1, 2021 (see Attachment 3). There is no record of any other entity obtaining a business license to entertain or work onsite. Although the venue’s business license has been delinquent since January 1, 2022, the business has continued operations and has held concerts and events every weekend. A list of events scheduled between January 1, 2022 and January 15, 2023 can be found in Attachment 4. COA #12 & 14 – Site Management and Security The Use Permit requires that a site manager and no fewer than four security personnel be on site at all times when there is live entertainment. In addition, it requires all security personnel to be licensed by the State of California as private patrol/security officers and wear clothing clearly identifying them as security personnel. The security personnel are responsible to ensure that all patrons are of valid drinking age, and to manage patron activity inside the tavern and within 200 feet of the building. Security personnel are to discourage loitering outside of the club, as much as possible. All personnel employed by the establishment during hours that alcohol is served are required to attend and successfully complete ABC Licensee Education on Alcohol and Drugs (LEAD) training. The LEAD program provides practical information on selling alcoholic beverages safely, responsibly, and legally, with emphasis on preventing sales to minors, sales to obviously intoxicated persons, and illicit drug activity at the licensed establishment. As documented in PD memoranda found in Attachments 5-8, there are numerous records of site management and security violations:  June 13, 2021 – Drunk in Public Arrest. Officers were dispatched to a fight in progress at the bar. They arrived to find one person too intoxicated to care for himself.  June 27, 2021 – Drunk in Public Arrest and Battery. Officers were dispatched to a fight in progress at the bar. They arrived to find a victim of an assault. Officers arrested one person for being drunk in public and for Battery against a person.  On July 23, 2021, City police officers noted that at least one of the security guards working at a live event did not have a valid state “guard card.” Additionally, not all the security guards were wearing clothing identifying them as such.  In a conversation on July 28, 2021, the business operator Ms. Figueroa told staff that although she has hired additional security guards in the past for larger events she only has three security guards that work at George’s on a regular basis.  June 12, 2022 at 1:50 AM – Officers responded to George’s regarding a fight in progress. When officers arrived, there was no longer a fight, however there were numerous intoxicated people in the street. An officer was approached by a female bar patron who reported she was assaulted inside the bar. The suspect could not be located.  July 16, 2022 at 4:18 AM – Officers responded to the corner of Fourth Street and Cijos St. regarding a possible traffic collision. A passerby found a male laying in the street at the location and believed he had been struck by a car. The intersection is a short distance from George’s Bar. The victim told officers he had been drinking at George’s several hours prior. He claimed that he was assaulted by REPORT TO PLANNING COMMISSION - Case No: PLAN23-018 Page 4 three men when he left the bar. The victim was still extremely intoxicated when interviewed by officers.  October 2, 2022 – An officer initiated a traffic enforcement stop near George’s. The driver displayed objective signs of alcohol intoxication and admitted to drinking one alcoholic beverage near George's prior to driving. However, the passenger inside the vehicle stated the driver had been inside George’s drinking alcohol with them. The driver failed Field Sobriety Tests and was arrested for driving under the influence.  December 18, 2023 – Officers were conducting extra patrol at George's when they observed a security guard carry out a female patron who was nearly unconscious from being over served. The security guard did not ask the officers on scene for help and instead tried to dump the intoxicated female on a nearby bench where she promptly nearly fell off. Officers kept her safe until the fire department could arrive and transport her to the hospital.  December 19, 2022 – During an extra patrol at George's, a vehicle was stopped for running a red light. The driver admitted he had been drinking at George’s. The Driver was intoxicated with a .109 BAC. He was arrested and booked into jail.  January 15, 2023 – Officers responded to George's Nightclub to a report of a "gas bomb." Upon arrival, Officers discovered that a George's Nightclub security guard had deployed his OC pepper spray at a man that attempted to punch him after the security guard was escorting him out of the club for being involved in a fight. The security guard inadvertently sprayed a few uninvolved guests. None of the security guards or George's Nightclub employees made an effort to call SRPD or SRFD. While on scene, an over-served patron walked in and out of the club. The patron showed objective signs of alcohol intoxication and was subsequently arrested for being drunk in public. Officers noticed there was no food being cooked and the kitchen showed that no food appeared to have been prepared at all that day.  January 23, 2023 – Officers responded to a report of a physical fight at George's Nightclub. Upon arrival the suspects had fled. The club's security guards failed to report they used OC spray on the suspects which sprayed onto other patrons. COA #18-20 – Bona Fide Eating Place Both the nightclub’s Use Permit and ABC License require that the business operate a full restaurant and serve food during their regular business hours. The nightclub is approved as a bona fide eating place, which is defined in condition of approval #20: “Bona fide public eating place” means a place which is regularly used and kept open for the serving of meals to guests for compensation and which has: 1) suitable kitchen facilities for the cooking of an assortment of foods which may be required for meals; b) a primary use of a sit down service to patrons; c) adequate seating arrangement for sit down patrons provided on the premises; d) Take-out service that is only incidental to the primary sit-down use; and e) alcoholic beverages all sold or dispensed for consideration for consumption on the premises only, and only when, served at tables or sit down counters by employees of the restaurant. A bona fide eating place does not include a place where food service is incidental to the service of alcoholic beverages, constituting less than 51% of sales. George’s business hours are varied and they are not open during typical lunch or dinner hours. According to the business listing on Yelp, they are open Friday through Sunday from 5:00 PM – 1:45 AM the next day. However, staff have witnessed during drive-bys and visits, and have been told during calls to the establishment, that George’s does not actually open until 7:00 PM or 9:00 PM on nights when they have shows. On their Facebook page, Yelp listing, and Do the Bay listing George’s advertises as a night club, and all references to the restaurant, including menus, have been removed from the website and online ordering services. See Attachment 9 for a screenshot of the club’s social media accounts. REPORT TO PLANNING COMMISSION - Case No: PLAN23-018 Page 5 The establishment does not hold a license from the County of Marin that permits food preparation and service as a “Bona fide public eating place”. Pibil Yucatan Food was the restaurant/catering company that prepared meals for George’s Nightclub when meals were served. Pibil Yucatan Food had held a Full- Service meal preparation license from the County and provided full-service food operations for Evolution Night Club and Restaurant starting in September of 2019. However, as of January 14, 2021, the license expired and the company is no longer active at this location. Evolution Nightclub possesses a Limited Food Preparation permit with the County that is currently valid until November 21, 2023. This license type, however, is restricted to service of pre-prepared foods and is not valid for the preparation of meals as required for a bona fide eating place, (see Attachment 10). As further corroborated by site visits, George’s Nightclub is not operating as a bona fide eating place.  June 4, 2022 – Code Enforcement Officers went in under cover at 8:15 pm. Around 9:45 pm a gentleman came to their table and asked if they wanted food.  He stated that the only food they had was chicken wings and they needed to pay for it in cash. They could not put it on the credit card, and only drinks were allowed on the card. See Attachment 11.  July 23, 2022 at 1:11 AM – Officers completed a walk-through of George’s Bar. The officer noted that although there was a menu written on a chalk board and there was one person in the kitchen, there was no food being served and no food was being prepared.  August 5, 2022 at 8:22 PM – Officers completed a walk-through of George’s Bar to observe whether it was operating as a restaurant. The officer noted that the bar had been open for approximately two hours, however the burners on the stove were cold to the touch. The only food available in the kitchen to be cooked was a small bag of chicken wings and some beef that appeared to be old. The officer photographed the kitchen area. The kitchen has an apartment sized refrigerator/freezer which only held miscellaneous condiments, ranch dressing and a bag of corn tortillas. The manager instructed the employees to stop opening doors and cabinets so that officers could not see inside. Additionally, they refused to turn on lights in the bar area. Public Nuisance Findings For a use permit to be approved by the Zoning Officer or Planning Commission, it must be found that the proposed use, “together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city” (SRMC §14.22.080.B). In addition to the incidents documented by PD regarding over- intoxication listed in the Site Management and Security section above, PD has responded to numerous additional service calls regarding incidents of brawling and violence both within and outside the venue. The direct violations of Conditions of Approval #12 and 14 (regarding site management and security) listed above, as well as the following incidents requiring PD response, demonstrate that George’s Nightclub operates in a manner which creates situations that constitute a public nuisance:  July 11, 2021 – Officers responded to a fight in progress at the bar. When officers arrived, the fight was over. No arrests were made.  July 23, 2021 – George’s hosted a rap concert with entertainers from the East Bay and Detroit. At approximately 10:47 PM two suspects opened fire with automatic rifles on a group of people arriving to attend the concert. The group had parked in a City of San Rafael parking structure near the bar. Six people were struck by gunfire. Two people died.  July 31, 2021 – Employees of George’s believed a customer had stolen something. Employees pinned the man to the ground and called police. There was no proof anything had been stolen. No arrests were made.  August 11, 2021 – Officers responded to George’s Bar at the request of a victim who reported she and her boyfriend were assaulted on July 31, 2021. The assault was unrelated to the forgoing theft incident. REPORT TO PLANNING COMMISSION - Case No: PLAN23-018 Page 6  October 9, 2021 – Officers responded to George’s Bar at approximately 11:04 PM regarding an assault that had just occurred. The suspect was too intoxicated to care for himself and spat on a bar security guard. The suspect had been handcuffed by security when SRPD officers arrived.  October 10, 2021 – An officer was monitoring George’s Bar at closing time (1:53 AM) when she observed an argument between a group of men. The officer approached the group and told them to separate. As she was dealing with this group another group of males began shoving each other. The officer called for assistance and then heard a loud noise. The officer turned to see a male subject punching another male. The victim sustained major injuries. One suspect was arrested for felony battery.  January 23, 2022 – At approximately 1:56 AM, officers responded to George’s Bar for a possible medical aid. They arrived and spoke to a woman who reported another woman threw a beer bottle at her while inside the bar. She stated the bottle struck her in the face. The woman then stated that once outside the same suspect broke a bottle and cut the victim’s finger before fleeing the area with a man in an SUV. Independent witnesses told officers that the woman who called the police instigated the fight and cut her own finger after breaking beer bottles outside. Officers were unable to substantiate what happened.  February 6, 2022 – At approximately 1:52 AM a male called 9-1-1 to report he had been assaulted at George’s Bar. The victim sustained an injury to his lip. The suspect had fled prior to arrival and the victim declined any further assistance. No arrests were made.  February 27, 2022 – At approximately 10:32 PM officers investigated an assault between a bar patron and security. During the altercation the suspect stole the security guard’s body worn camera. The bar patron was cited for battery and theft.  March 21, 2022 at 12:54 AM – Officers responded to George’s regarding an assault that had just occurred. A security guard determined that a bar patron was too intoxicated to be inside the bar. Additionally, the patron was challenging people to fight. When the security guard attempted to escort the man from the bar a fight ensued. The suspect was arrested for battery. Following the arrest, the suspect kicked officers and a nurse at the hospital where the suspect was taken for medical clearance.  July 4, 2022 at 1:32 AM – Officers responded to George’s regarding an assault. The victim reported he had been asked to leave the bar for wearing shorts. Once outside he attempted to return to the bar because he had a friend inside. When he approached the front door the security guard pushed the victim by the throat two times. The victim fell to the ground after the second push. The security guard was cited for battery. Following the investigation of the above-described assault incident within the establishment, police officers conducted an Alcoholic Beverage Control compliance check for violations of the Alcoholic Beverage Control Act. The bartender and owner were admonished for poor standards of operation specifically related to the following: - Obviously intoxicated persons and habitual drunkards. No person may sell or give alcohol to an individual who is obviously intoxicated, nor may they cause or permit this to occur. No person may give or sell alcohol to anyone who is a habitual drunkard (meaning they have lost control of their drinking), nor may they cause or permit this to occur. - Law enforcement problem. Licensees may not permit their premises to become a problem for law enforcement by making an unreasonable number of calls for assistance. - Disorderly house. Licensees may not permit the licensed premises (including the parking lot) to become a disorderly house. This means disturbing neighbors with loitering, loud music, vandalism, or littering. It could also mean having multiple ongoing crimes such as assaults, narcotics, or prostitution.  October 1, 2022 – A customer reported he was slapped in the face by a George's security officer. The customer displayed the objective symptoms of being intoxicated. The security officer REPORT TO PLANNING COMMISSION - Case No: PLAN23-018 Page 7 was contacted and admitted that she slapped the customer in the face after making a derogatory remark. The customer refused to press charges and a report was completed for documentation.  October 2, 2022 – A customer reported he was struck twice in the face and once in the chest by another person. The customer stated a George's security officer escorted the suspect out of the building and allowed him to leave. The customer wished to press charges against the suspect if identified. George's does not have interior security cameras and a suspect was not identified.  October 23, 2022 –Officers responded to the area of George’s after a 911 call was placed into dispatch. Upon arrival, officers located three victims who reported being punched by six suspects. A fourth victim was struck in the head by a glass beer bottle. It was reported an argument and fight occurred inside George’s prior to the assault. The victim that was struck in the head sustained a wound and was transported to the hospital. The victims were extremely intoxicated and were suspected of being over-served at George's. The number and frequency of the incidents, especially considering that George’s Nightclub is only open three nights a week, demonstrates that the nightclub operations are detrimental to the peace and welfare of the surrounding neighborhood as well as are a strain on PD resources. REVOCATION HEARING PROCEDURES Section 14.22.160 of the Zoning Ordinance states that a use operated in violation of a condition of permit approval or a provision of the Zoning Ordinance may be revoked pursuant to the procedures outline in SRMC §14.30.070 - Revocation of discretionary permits as follows: 14.30.070 Revocation of discretionary permits. A. Duties of Planning Commission. Upon determination by the planning director, planning commission or city council that there are reasonable grounds for revocation or modification of a use permit, variance, design review or other discretionary approval authorized by this title, a revocation hearing shall be scheduled before the planning commission. B. Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider permit approval. C. Hearing. The planning commission shall hear and consider all relevant evidence, objections and protests, and shall receive written and/or oral testimony from owners, witnesses, city personnel and interested persons relative to such case and to proposed modifications, rehabilitation, repair, demolition or other abatement appropriate under the legal powers of the city. D. Decision and Notice. At the conclusion of the hearing, the planning commission shall render a decision, and ensure that the owner or the owner's authorized representative is notified of the decision and of the appeal process. If the owner or the owner's authorized representative is not present at the meeting, the planning commission shall send notice of the decision by certified mail to the owner of the use or structure for which the permit was reviewed. Said notice shall also include notice of the right to appeal the planning commission's decision to the city council. E. Effective Date—Appeals. If the owner or the owner's authorized representative is present at the revocation hearing, a decision to revoke a discretionary permit shall become final five (5) working days after the date of the decision, unless appealed to the city council. In the event that the owner or the owner's authorized representative is not present at the revocation hearing, a decision to revoke a discretionary permit shall become final five (5) working days after notice of the decision is received by the applicant through certified mail, unless appealed to the city council. Decisions made by the city council on revocation hearings shall be final. REPORT TO PLANNING COMMISSION - Case No: PLAN23-018 Page 8 F. Right Cumulative. The city's right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law. If an application for a use permit revoked, no new application for the same, or substantially the same, use permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice (SRMC §14.22.170). ENVIRONMENTAL DETERMINATION Use Permit revocation is categorically exempt from the California Environmental Quality Act (CEQA) Section 15321 – Enforcement Actions by Regulatory Agencies. NEIGHBORHOOD MEETING / CORRESPONDENCE On September 8, 2021, Community Development Director (CDD) Alicia Giudice sent a letter to Ms. Figueroa, the nightclub operator listing Use Permit condition violations including non-compliance with food service requirements and security issues. The letter indicated that CDD would be considering Use Permit revocation proceedings. See Attachment 12. On February 9, 2023, CDD sent a letter to Ms. Figueroa, Evolution Nightclub & Restaurant LLC, and the property owner, and a public hearing notice to all interested parties, property owners and business owners within 300 feet of the subject site that incorrectly stated the hearing date as February 28, 2022. Upon learning of the incorrect year listed in the notice, on February 27, 2023 staff sent a revised letter via certified mail to Ms. Figueroa, Evolution Nightclub & Restaurant LLC, and the property owner informing them that the rescheduled date for the revocation hearing would be March 28, 2023 (see Attachment 13). Pursuant to 14.30.070.B, notice of this revocation hearing was conducted in accordance with noticing requirements contained in Chapter 14.29 of the Zoning Ordinance. On March 3, 2023, a Notice of Public Hearing was mailed to all property owners and occupants within a 300-foot radius of the subject site, to the San Rafael Chamber of Commerce, to the Business Improvement District, and to all other interested parties 15 calendar days prior to the date of this hearing. As of the date of writing this staff report, no public comments were received for this project. Any comment received will either be included in the agenda packet or will be forwarded to Planning Commissioners in a supplemental packet. OPTIONS The Planning Commission has the following options: 1. Adopt the Resolution revoking the Use Permit 2. Continue the hearing (to a date certain or an undefined date) to allow staff to address any of the Commission’s comments or concerns; or 3. Recommend the Use Permit remain in effect as is or with additional conditions. EXHIBITS and ATTACHMENTS 1. Draft Resolution revoking Use Permit 05-01 Attachments to Exhibit 1: 1. Planning Commission Resolution 06-02 approving Use Permit 05-01 with conditions of approval 2. City of San Rafael Business License Verification letter for George’s Nightclub, dated January 25, 2023 3. City of San Rafael Business License Verification letter for Pibil Yucatan Food/Porchetta, dated January 25, 2023 REPORT TO PLANNING COMMISSION - Case No: PLAN23-018 Page 9 4. List of scheduled events at George’s Nightclub, from January 1, 2022 through January 15, 2023 from Facebook page, downloaded January 9, 2023 5. Police Department Memorandum, from Captain Leon to Lisa Goldfein, City Attorney, dated August 5, 2021 6. Police Department Memorandum, from Lieutenant Holton to Chief Spiller, dated August 26. 2022 7. Police Department Memorandum from Captain Leon, dated December 15, 2022 8. Police Department Memorandum from Captain Leon, dated February 28, 2023 9. Screenshot of George’s Nightclub’s social media account, taken January 20, 2023 10. Letter from County of Marin Environmental Health Services Division regarding food preparation licenses at 842 4th Street, dated January 27, 2023 11. Code Enforcement Case File Memorandum regarding undercover visit to George’s Nightclub, dated June 8, 2022 12. Letter from Director Giudice to Esly Figueroa re: Noncompliance Issues, dated September 8, 2021, without attachment 13. Letter to property owner and business owners of revised notice of revocation hearing, dated February 27, 2023, without attachment RESOLUTION NO. 23- RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION REVOKING A USE PERMIT (UP05-01) THAT ALLOWED THE RE-ESTABLISHMENT OF LIVE ENTERTAINMENT AND A COCKTAIL LOUNGE AS PART OF A NEW RESTAURANT/SUPPER CLUB LOCATED AT 842 4TH STREET APN: 011-224-14 WHEREAS, on January 10, 2006, the San Rafael Planning Commission held a duly- noticed public hearing and adopted Planning Commission Resolution No. 06-02 approving a Use Permit (UP05-01) allowing the re-establishment of live entertainment and a cocktail lounge as part of a new restaurant/supper club located 842 4th Street approved; and WHEREAS, Evolution Nightclub & Restaurant, LLC (dba George’s Nightclub) took over business operations in September of 2013; and WHEREAS, the Use Permit includes several conditions of approval and requires that George’s Nightclub continually comply with the conditions of approval; and WHEREAS, Use Permit condition number 11 requires that George’s Nightclub maintain a valid business license and that any contract employees (e.g. disc jockeys and live entertainers) obtain a valid business license prior to working on site; and WHEREAS, George’s Nightclub’s business license expired on January 1, 2022 but George’s Nightclub has continued holding concerts and events every weekend since then; and WHEREAS, the business license for Pibil Yucatan Food/Porchetta, the on-site restaurant operator, expired on January 1, 2021 and there is no record of any other entity obtaining a business license prior to entertaining or working on site; and WHEREAS, Use Permit condition numbers 12 and 14 require that a site manager and a security team of at least four licensed personnel wearing clothing clearly identifying them as such be provided during all hours of operation of the nightclub use; and WHEREAS, City police officers have noted at least once that not all security guards working at a live event had a valid state “guard card” and were not wearing clothing identifying them as security guards; and WHEREAS, the business operator Ms. Figueroa told City staff that she only has three security guards that work at George’s Nightclub on a regular basis and only occasionally hires additional security guards for larger events; and WHEREAS, Use Permit condition numbers 18 and 20 require George’s Nightclub to operate as a bona fide eating place, meaning that (1) complete meal service must be available during all hours of operation; (2) kitchen facilities must be suitable for cooking an assortment of foods; (3) the primary use of the eating place must be sit down service to patrons; and (4) food service constitutes at least 51% of sales and is not merely incidental to the service of alcoholic beverages; and WHEREAS, George’s Nightclub advertises itself as a nightclub and its website does not include any references to the restaurant or include any menus; and - 2 - WHEREAS, George’s Nightclub has not hired a catering company to provide meals since Pibil Yucatan Food’s food preparation license with the County of Marin expired in November 2020; and WHEREAS, George’s Nightclub’s possesses a Limited Food Preparation license with the County which is restricted to service of pre-prepared food and is not valid for the preparation of meals as required for a bona fide eating place; and WHEREAS, City code enforcement and police officers have observed on several visits that either no food or only chicken wings were being served, the kitchen was not in use, and sales were almost exclusively of alcoholic beverages; and WHEREAS, approval of the Use Permit also required that “the proposed live entertainment use and cocktail lounge at a restaurant, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity of to the general welfare”; and WHEREAS, San Rafael Police Officers have had to respond to at least 27 incidents at or around George’s Nightclub involving George’s Nightclub patrons from June 2021 through January 2023, including multiple incidents of over-intoxication, DUIs, theft, violence, and even a shooting resulting in a double homicide; and WHEREAS, the above referenced violations of the Use Permit have continued for a substantial period of time; approximately May 2021 through the present date; and WHEREAS, the above referenced violations of the Use Permit constitute a public nuisance and a threat to public health, safety, and welfare for the following reasons: failure to provide full meal service exacerbates the impacts of intoxication; a lack of adequate site management and security has led to almost weekly service calls to police officers to respond to fights and assaults among club patrons, some involving the nightclub’s security guards themselves; these incidents have not been limited to within the confines of the premises but outside as well thereby not only posing a threat to the health, safety, and welfare of the nightclub’s clientele but potentially to passer-byers in the vicinity; over-service of alcohol has also led to DUIs that pose a threat not only to the intoxicated driver, but anyone who may come in contact with them; the failure to manage alcohol service and security has strained Police Department resources, potentially impacting its ability to respond to other calls for service and emergencies; and WHEREAS, on September 8, 2021 the City sent a notice of noncompliance via standard mail to Ms. Esly Figueroa, the operator of George’s Nightclub, notifying her of the various violations of the conditions of the Use Permit for George’s Nightclub and giving the opportunity to correct such violations; and WHEREAS, on February 27, 2023 the City sent a letter to both Ms. Figueroa and the property owner via certified mail notifying them that a revocation hearing had been set for March 28, 2023; and WHEREAS, on March 28, 2023, the San Rafael Planning Commission held a duly noticed public hearing on the proposed revocation of Use Permit 05-01, accepting all oral and written public testimony and the written report of the Community Development Department staff; and - 3 - WHEREAS, George’s Nightclub has repeatedly violated the conditions of approval contained within its Use Permit, is a strain on police department resources, and has repeatedly conducted its business in a way that is detrimental to the public health, safety or welfare, and is materially injurious to properties or improvements in the vicinity or to the general welfare of the city in contravention of San Rafael Municipal Code Section 14.22.080.B and therefore constitutes a public nuisance. NOW THEREFORE BE IT RESOLVED, the Planning Commission revokes Use Permit 05-01 effective immediately. The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission meeting held on the 28th day of March 2023. The Planning Commission’s Action is final unless it is appealed to the City Council within five (5) working days pursuant to San Rafael Municipal Code Section 14.28.030 - Filing and time limit of appeals. Moved by Commissioner _____________ and seconded by Commissioner ________________. AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS SAN RAFAEL PLANNING COMMISSION ATTEST: BY: Alicia Giudice, Secretary Samina Saude, Chair ATTACHMENTS: 1. Planning Commission Resolution 06-02 approving Use Permit 05-01 with conditions of approval 2. City of San Rafael Business License Verification letter for George’s Nightclub, dated January 25, 2023 3. City of San Rafael Business License Verification letter for Pibil Yucatan Food/Porchetta, dated January 25, 2023 4. List of scheduled events at George’s Nightclub, from January 1, 2022 through January 15, 2023 from Facebook page, downloaded January 9, 2023 5. Police Department Memorandum, from Captain Leon to Lisa Goldfein, City Attorney, dated August 5, 2021 6. Police Department Memorandum, from Lieutenant Holton to Chief Spiller, dated August 26. 2022 7. Police Department Memorandum from Captain Leon, dated December 15, 2022 8. Police Department Memorandum from Captain Leon, dated February 28, 2023 9. Screenshot of George’s Nightclub’s social media account, taken January 20, 2023 - 4 - 10. Letter from County of Marin Environmental Health Services Division regarding food preparation licenses at 842 4th Street, dated January 27, 2023 11. Code Enforcement Case File Memorandum regarding undercover visit to George’s Nightclub, dated June 8, 2022 12. Letter from Director Giudice to Esly Figueroa re: Noncompliance Issues, dated September 8, 2021, without attachment 13. Letter to property owner and business owners of revised notice of revocation hearing, dated February 27, 2023 1 RESOLUTION NO. 06-02 RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A USE PERMIT (UP05-01) TO ALLOW THE RE-ESTABLISHMENT OF LIVE ENTERTAINMENT AND A COCKTAIL LOUNGE AS PART OF A NEW RESTAURANT/SUPPER CLUB LOCATED AT 842 FOURTH STREET; APN: 011-224-14 WHEREAS, on November 24, 2004, an application for building permit to remodel and upgrade the existing nightclub space into a restaurant and nightclub was submitted and on May 4, 2005, the Building Division issued a building permit for these upgrades; and WHEREAS, the building permit issued for this project did not authorize the re- establishment of live entertainment or cocktail lounge uses until an application for a Use Permit was submitted and approved by the Planning Commission; and WHEREAS, on January 6, 2005, Gloria Mendoza submitted an application for a Use Permit to allow the re-establishment of live entertainment and a cocktail lounge within a space that was formerly a nightclub (New George’s) located at 842 Fourth street; and WHEREAS, upon review of the application, the project was determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Existing Structures; and WHEREAS, the proposed Use Permit application was reviewed by the Public Works, Police, Fire and Community Development Departments and was recommended for approval subject to conditions; and WHEREAS, on January 10, 2006, the San Rafael Planning Commission held a duly-noticed public hearing on the proposed Use Permit, accepting all oral and written public testimony and the written report of the Community Development Department staff and closed said hearing on that date; and NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Rafael does hereby approve the Use Permit, based on the following findings and subject to the conditions of approval below: Findings 1. The proposed use is in accord with the General Plan, the objectives of the Zoning Ordinance, and the purposes of the Fourth Street Retail Core (4SRC) District in which the site is located given that: a) the project proposes to provide live entertainment and a cocktail lounge in a space within the Downtown which would provide a restaurant/entertainment use and compliment and support other businesses 2 within the Downtown area, consistent with General Plan Polices NH-15a (Business Development Efforts), NH-20 (Cultural and Entertainment Promotion), and NH-39b (Enhanced Pedestrian Character); b) the use would be of similar traffic generation to the historical uses on this property and would be conditioned to comply with the City’s fire safety and Noise Ordinance consistent with General Plan Policies Policy C-5 (Traffic Level of Service Standards) S-22d (Fire Prevention and Safe Design) S- 29a (Safe Buildings) N-10 (Enforce and Update the Noise Ordinance); and c) live entertainment and cocktail lounges are conditionally permitted uses within the subject 4SRC District. 2. The proposed live entertainment use and cocktail lounge at a restaurant, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City given that: a) no expansion of the existing building is proposed, the space is currently located within the Downtown Parking Assessment District, and the City Traffic Engineer has reviewed the application and determined that no adverse parking impacts should result; b) the City’s Police Department and Planning Division have reviewed the project, monitored the project site, and developed conditions of approval that would ensure that nighclub staff are properly trained, and adequately staffed to manage patrons inside the establishment and within the vicinity of the building; and c) the building and tenant space would be upgraded to correct violations of the building. Health and Fire Codes and the proposed space would conform to all current regulations. 3. The proposed use complies with each of the applicable provisions of the Zoning Ordinance given that no expansion of the existing building is proposed. Conditions of Approval Community Development Department - Planning Division 1. This Use Permit approval (File No.: UP05-01) authorizes live entertainment uses (acoustic and amplified music, disc jockey, comedy acts and other theatrical productions) and a cocktail lounge at the Kimball’s nightclub/restaurant located at 842 Fourth Street. 2. This Use Permit (UP05-01) shall be valid for one year from date of approval, (i.e. until January 10, 2007), and shall become null and void if the live entertainment uses are not conducted, or an extension is not granted before that time. Once the live entertainment use is initiated within the one-year period, then the Use Permit shall become valid and run with the land. On-going compliance with all conditions of approval shall be required to keep the Use Permit valid. 3. Live entertainment is permitted seven days a week. On weekdays, Monday to Friday, live entertainment is allowed from 6:00 p.m. to 1:30 a.m. On weekends, Saturday and Sunday, live entertainment is allowed from 1:00 p.m. to 1:30 a.m. Amendments to this Use Permit shall require review and approval by the Planning Commission. 3 4. The front sidewalk areas shall be kept clean of all litter including cigarette butts. Litter pickup shall occur on a regular basis. 5. Limousines associated with entertainment at the nightclub shall not park in the “no parking zones” on Fourth Street. Limousines may drop stop in no parking zones consistent with Vehicle Code regulations for drop-off and pick-up. 6. Prior to occupancy of the building, the applicant shall install the following acoustical treatments as recommended in the acoustical study (prepared by Leroy Shyne of Sound Vision and on file with the Community Development Department): • Acoustical suspended ceiling tiles with an absorption coefficient of 1.0. • Wall panels with an absorption coefficient of 1.0 on at least one of all opposite parallel walls. • Partial areas of carpeting on the floors. • Double paned windows on the front wall. • Wall panels on both walls of the exit corridor on the west side of the building. 7. Prior to occupancy, the acoustical engineer shall inspect the building to verify that the recommendations identified in their report have been completed and submit written verification of compliance to the Planning Division. 8. The nightclub shall comply with applicable provisions of the City’s Noise Ordinance. The Community Development Director reserves the right to impose additional soundproofing measures if violations of the noise ordinance are observed. 9. Prior to installation or use of outdoor dining area, the applicant shall obtain the required outdoor dining license agreement through the City of San Rafael Planning Division. Police Department 10. A cash-deposit in the amount of $2,000.00 shall be posted with the City prior to activation of this Use Permit approval. The purpose of the bond shall be to cover City costs to provide security for extraordinary law enforcement or public safety services associated with the approved live entertainment uses at the subject property. For the purposes of this approval, extraordinary police service shall be defined as follows: “Police services provided during or at the close of a live entertainment event, which in the opinion of the police sergeant on duty are necessary to ensure public safety, and that are beyond the normal course and scope of services routinely provided to the other businesses and citizens, and stretch the resources of the responding agency beyond those normally available for response.” These services may be provided due to police observation or citizen complaint. For example, normal police services to many of the City’s entertainment uses may 4 include an occasional (monthly) police walkthrough during the course of the evening as well as a drive-by inspection of outside crowd control at closing time. Instances where the police are required to direct pedestrian traffic, break up fights, assist with prompting people to leave the bar at closing time, or prevent loitering on site as defined by Alcoholic Beverage Control (ABC) are considered outside of the scope of a normal police response or extraordinary, as these functions should be fulfilled by tavern security staff. The on-site manager will be notified when extraordinary police services have been provided. The chief of police, or his or her designee, shall also notify the subject property owner of any reduction in the cash deposit amount, and the reason the deposit has been drawn upon. Deposit withdrawals shall cover the fully-burdened rate of pay for journeyman level officer per the number of police officers required at the scene to maintain the peace, and to ensure officer safety under standard police practices. The current rate, as calculated by the City’s Finance Department would be $80.00 per hour. However, the rate of withdrawal shall be recalculated annually and/or with changes to police officer pay structure. Whenever the cash deposit is drawn upon, the applicant shall replenish the deposit to its full amount within five (5) working days and in no case shall there be additional live entertainment on site until the deposit is fully replenished. The applicant may within five working days of notice of bond withdrawal, appeal the use of the deposit to the Planning Commission. However, no live entertainment shall be conducted at the subject property while the appeal is in process, unless the deposit is replenished to its full amount. Should the Planning Commission determine that the withdrawal of the deposit was not necessary, the property owner would be refunded the full amount of the replenishment. 11. A valid City business license and State of California liquor license shall be maintained at all times. All contract employees (i.e., disc jockey and live entertainers) shall obtain a business license from the City of San Rafael prior to working on site. 12. All security guards shall be licensed by the State of California as private patrol/security officers and wear clothing clearly identifying them as security personnel. 13. Wait staff, bartenders, bar backs, security staff and all personnel employed by the establishment during the hours that alcohol is served shall attend and successfully complete Alcohol Beverage Control (A.B.C.) LEAD training. The applicant shall demonstrate that this training has occurred prior to activation of the Use Permit for live entertainment. All new employees shall also require LEAD training. 14. A site manager and no less than four (4) security personnel shall be on site at all times when there is live entertainment. Security personnel shall be responsible to ensure all patrons are of valid drinking age, and manage patron activity inside the tavern and in 5 the vicinity of the building, as defined by ABC (currently 200 feet). Security personnel shall discourage loitering outside of the tavern, as much as possible. 15. Project conformance with the City Noise Ordinance for mixed-use development (55 dBA) is required. 16. All entertainment shall cease at 1:30 a.m., and lighting shall be restored to allow full illumination of the interior of the establishment by 2:00 a.m. 17. Security personnel shall clear the nightclub at closing and remind patrons not to remain in the vicinity of the building (as defined by ABC). At least two security personnel shall remain outside at closing to clear patrons from the vicinity. This shall include:  Preventing patrons from loading vehicles in red zones  Assisting patrons in crossing the street to prevent them from crossing against the light to the parking garage at Third and C streets.  Preventing patrons from loitering in the vicinity of the building 18. As a bonafide eating place, Kimball’s Nightclub and Restaurant shall have complete meal service available during all hours of operation. 19. As a bonafide eating place, Kimball’s Nightclub and Restaurant is permitted to have persons less than twenty one years of age on the premises. It is the responsibility of the applicant to ensure to adherence to ABC regulations prohibiting service to minors. 20. For the purposes of conditions # 18 and 19, “Bonafide eating place” means a place which is regularly used and kept open for the serving of meals to guests for compensation and which has: a) suitable kitchen facilities for the cooking of an assortment of foods which may be required for meals. b) a primary use of a sit down service to patrons; c) adequate seating arrangements for sit down patrons provided on the premises; d) Take-out service that is only incidental to the primary sit-down use; and e) Alcoholic beverages all sold or dispensed for consideration for consumption on the premises only, and only when, served at tables or sit down counters by employees of the restaurant. A bonafide eating place does not include a place where food service is incidental to the service of alcoholic beverages, constituting less than fifty-one percent (51%) of sales. The owner/operator shall submit evidence of total food service sales to the City of San Rafael Police Department, upon request by City Officials to verify compliance with these conditions. 21. During hours when disk jockey or live entertainment is taking place, there shall be no service or consumption of alcoholic beverages in the outdoor dining area. 22. Live entertainment shall not be piped through the speaker system in the outdoor dining area due to the potential for generating noise that may be detrimental to the surrounding area. 6 23. The applicant shall assure that emergency exit doors shall be self-closing and equipped with fire alarm hardware and shall remain closed at all times during the hours of live entertainment. All other exterior doors shall remain closed except for ingress and egress during the hours of live entertainment. Fire Department 24. The restaurant/nightclub shall comply with the maximum occupancy limits for nightclub and dining as posted in the restaurant and enforced by the Fire Marshal. The foregoing Resolution was adopted at the regular City Planning Commission meeting held on the 10th day of January 2006. Moved by Commissioner Collin and seconded by Commissioner Pick. AYES: Commissioners: Atchison, Colin, Kirchmann, Lang, Pick, Scott, and Chair Paul NOES: Commissioners: None ABSENT: Commissioners: None SAN RAFAEL PLANNING COMMISSION ATTEST: ______________________ BY:_______________________ Robert M. Brown, Secretary Larry Paul, Chairman BUSINESS LICENSE VERIFICATION 1400 5th AVENUE • SAN RAFAEL, CA 94901 TELEPHONE (415) 485-3051 FACSIMILE (415) 485-3100 842 4TH ST SAN RAFAEL, CA 94901-3224 Business Name: Business DBA: Location Address: Business License #: To Whom It May Concern: This letter serves as notice that the above named business has a current business license with the City of San Rafael, valid through 12/31/2021. This license has been in effect since 06/01/2013. If you need additional information, please call our office at (415) 485-3051. Sincerely, Rayanne Lulay | City of San Rafael Senior Accounting Assistant Business License Division Date:January 25, 2023 George's Nightclub Evolution Nightclub & Restaurant, LLC 053369 GEORGE'S NIGHTCLUB 842 4TH ST SAN RAFAEL, CA 94901-3224 Printed 1/25/2023: 9:21 am BUSINESS LICENSE VERIFICATION 1400 5th AVENUE • SAN RAFAEL, CA 94901 TELEPHONE (415) 485-3051 FACSIMILE (415) 485-3100 842 4TH ST SAN RAFAEL, CA 94901-3224 Business Name: Business DBA: Location Address: Business License #: To Whom It May Concern: This letter serves as notice that the above named business has a current business license with the City of San Rafael, valid through 12/31/2020. This license has been in effect since 11/21/2018. If you need additional information, please call our office at (415) 485-3051. Sincerely, Rayanne Lulay | City of San Rafael Senior Accounting Assistant Business License Division Date:January 25, 2023 Pibil Yucatan Food/ Porchetta 058589 E. FABBRI PIBIL YUCATAN FOOD/ PORCHETTA 2518 LAS GALLINAS AVE SAN RAFAEL, CA 94903-1423 Printed 1/25/2023: 9:18 am 1 List of Scheduled Events at George’s Nightclub from January 1, 2022 through January 15, 2023 as listed on the business’ Facebook page, downloaded January 9, 2023. https://www.facebook.com/georgesnightclubSR/?ref=page_internal • January 1, 2022: Digio New Years Party • January 7, 2022: Originarios De Cajola with DJ Fernando • January 9, 2022: Banda Maguey with DJ Kike • February 25, 2022: Gracie as Jenni • February 27, 2022: K-Paz de la Sierra & Grupo Brundis • March 6, 2022: Traviezos de la costa with DJ Eskiiieee • March 11, 2022: Originarios de Cajola with DJ Fernando • March 13, 2022: Los Pikadientes de Cabarca and Los Chavos del Rancho • March 18, 2022: Tributo a Selena env oz de Camila Soruco with DJ Fernando • March 20, 2022: Los Rehenes • March 25, 2022: Marimba Orquesta Alma de mi Tierra with DJ Fernando • April 1, 2022: Noche de Cumbia Sonider, Grupo la Mackina, with DJ Fernando • April 3, 2022: Proyecto 20 • April 8, 2022: El Tiburon Mayor with DJ Fernando • April 10, 2022: Los Canarios • April 17, 2022: Hermanos de Leon • April 22, 2022: El Travieso y su Dinamita Show & Originarios de Cajola • April 24, 2022: Los Traviezos de la Costa • April 29, 2022: Los Chaboys y su Marimba Orquesta with DJ Fernando • May 1, 2022: Banda Zeta • May 6, 2022: El Tpo de Mexico • May 8, 2022: Paco Pineda • May 13, 2022: Noche de SKA & Rock with DJ Fernando • May 15, 2022: El Coma Sacra • May 20, 2022: Sonora Dinamita & Rebelion Musical de Morelos, with DJ Fernando • May 22, 2022: Banda la Prendida • May 27, 2022: Hugo Jara y la Son Sierreño • May 29, 2022: Bana la Marinera • June 3, 2022: Originarios de Cajola & Rebelion Musical de Morelos • June 5, 2022: Samuray with DJ Eskiiieee • June 10, 2022: Sonora Café de Colombia, with DJ Fernando • June 12, 2022: Proyecto 20 with DJ Chris • June 17, 2022: Marimba Orquesta Alma de mi Tierra with DJ Fernando • June 25, 2022: Summer Party • June 26, 2022: Los Mier • July 1, 2022: Son de Kali with DJ Fernando • July 8, 2022: Rebelion Musical de Morelos with DJ Mackumbia • July 10, 2022: Grupo Libra • July 15, 2022: Grupo Maravilla de Robin Revilla & Son Sierreño with DJ Fernando • July 17, 2022: Originales with DJ Eskiiieee • July 22, 2022: Hermano de Guadalupe Esparza & Grupo Galope de Benancia Esparza • July 23, 2022: Sexy Ladies Night with DJ Jorge Enzona • July 24, 2022: Control de Lupe Degollado with DJ Fernando • July 29, 2022: L Sex de la Banda 2 • July 31, 2022: Sorullo y la Original Sonora Dinamita with DJ Fernando • August 5, 2022: Banda Reina de la Bahia • August 7, 2022: Arpenos with DJ Fernando • August 12, 2022: Tamborazo 24/7 with DJ Fernando • August 14, 2022: Originarios de Cajola with DJ Fernando • August 19, 2022: Estrellas de la Bahia with DJ Fernando • August 21, 2022: Seleccion Humilde and Raza Obrera with DJ Fernando • August 28, 2022: Los Yaguaru de Angel Venegas with DJ Fernando • August 26, 2022: Marimba Orquesta Alma de mi Tierra with DJ Fernando • September 4, 2022: La Evidencia de Tierra Caliente, with DJ Eskiiieee • September 11, 2022: Fulanito with DJ Fernando • September 9 & 11, 2022: Oscar Padilla el Tamalero with DJ Fernando • September 16, 2022: Noche de Banda/Tamborazo Santo Domino with DJ Fernando • September 18, 2022: Sorullo y la original Sonora Dinamita with DJ Fernando • September 25, 2022: Son de Kali with DJ Frenando • September 30, 2022: Pancho Panchero with DJ Fernando • October 2, 2022: Los Angeles Negros • October 16, 2022: Grupo Rana with DJ Ferando • October 21, 2022: Noche de Tambora with Tamborazo Santo Domingo and DJ Fernando • October 23, 2022: Sijenos del Horizonte with DJ Fernando • October 29, 202: Halloween Party with DJ Jorgenzona • November 4, 2022: Noche de DJ’s with DJ Erick and DJ Fernando • November 11, 2022: El Travieso y su Dinamita Show with DJ Fernado • November 13, 2022: Pequenos Musical, German Vazquez, with DJ Fernando • November 18, 2022: Noche de Banda, Estrellas de la Bahia with DJ Fernando • November 20, 2022: Los Baceros with DJ Fernando • November 23, 2022: Duranguense Night • November 25, 2022: Originarios de Cajola with DJ Fernando • November 27, 2022: Group Libra • December 2, 2022: Traviezos, Mario Davila, with DJ Eskiiieee • December 4, 2022: Los Reyes de la Cumbia Control • December 11, 2022: Proyecto 20 • December 18, 2022: Grupo Miramar and El Nuevo Acapulco • December 23, 2022: Duranguense Y Zapateados, Principes del Pacifico • December 31, 2022: 2023 New year Party with DJ Crazy Mix • January 6, 2023: El Tiburon Mayor with DJ Fernando • January 15, 2023: Banda Troyana with DJ Fernando 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SAN RAFAEL POLICE DEPARTMENT David C. Spiller, Police Chief 1375 Fifth Ave. San Rafael, CA 94901 VOICE (415) 485-3000 www.srpd.org FAX (415) 485-3043 To: Lisa Goldfein, City Attorney From: Roy Leon, Police Captain Date: August 5, 2021 Re: New George’s Establishment Attachments: Copy of Use Permit During a review of “New George’s” Use Permit, the following concerns and possible violations were discovered: 1. Per the Use Permit, live entertainment is permitted seven days a week. On weekdays, Monday to Friday, live entertainment is allowed from 6:00 p.m. to 1:30 a.m. On weekends, Saturday and Sunday, live entertainment is allowed from 1:00 p.m. to 1:30 a.m. During a conversation with the owner of New George’s on July 28, 2021, the owner stated live music ends at 1:45 a.m. 2. Per the Use Permit, a cash-deposit in the amount of $2,000.00 shall be posted with the City prior to activation of this Use Permit approval. The purpose of the bond shall be to cover City costs to provide security for extraordinary law enforcement or public safety services associated with the approved live entertainment uses at the subject property. For the purposes of this approval, extraordinary police service shall be defined as follows: “Police services provided during or at the close of a live entertainment event, which in the opinion of the police sergeant on duty are necessary to ensure public safety, and that are beyond the normal course and scope of services routinely provided to the other businesses and citizens, and stretch the resources of the responding agency beyond those normally available for response.” These services may be provided due to police observation or citizen complaint. For example, normal police services to many of the City’s entertainment uses may include an occasional (monthly) police walkthrough during the course of the evening as well as a drive-by inspection of outside crowd control at closing time. Instances where the police are required to direct pedestrian traffic, break up fights, assist with prompting people to leave the bar at closing time, or prevent loitering on site as defined by Alcoholic Beverage Control (ABC) are considered outside of the scope of a normal police response or extraordinary, as these functions should be fulfilled by tavern security staff. The on-site manager will be notified when extraordinary police services have been provided. The chief of police, or his or her designee, shall also notify the subject property owner of any reduction in the cash deposit amount, and the reason the deposit has been drawn upon. Deposit withdrawals shall SAN RAFAEL POLICE DEPARTMENT David C. Spiller, Police Chief 1375 Fifth Ave. San Rafael, CA 94901 VOICE (415) 485-3000 www.srpd.org FAX (415) 485-3043 cover the fully-burdened rate of pay for journeyman level officer per the number of police officers required at the scene to maintain the peace, and to ensure officer safety under standard police practices. The current rate, as calculated by the City’s Finance Department would be $80.00 per hour. However, the rate of withdrawal shall be recalculated annually and/or with changes to police officer pay structure. Whenever the cash deposit is drawn upon, the applicant shall replenish the deposit to its full amount within five (5) working days and in no case shall there be additional live entertainment on site until the deposit is fully replenished. The applicant may within five working days of notice of bond withdrawal, appeal the use of the deposit to the Planning Commission. However, no live entertainment shall be conducted at the subject property while the appeal is in process, unless the deposit is replenished to its full amount. Should the Planning Commission determine that the withdrawal of the deposit was not necessary, the property owner would be refunded the full amount of the replenishment. The City of San Rafael Finance Department was unable to locate any record of a deposit. 3. A valid City business license and State of California liquor license shall be maintained at all times. All contract employees (i.e., disc jockey and live entertainers) shall obtain a business license from the City of San Rafael prior to working on site. It is believed that contract employees have not been obtaining a business license from the City prior to working on site. 4. All security guards shall be licensed by the State of California as private patrol/security officers and wear clothing clearly identifying them as security personnel. On 7/23/21, Officers discovered that at least one of the security guards working a live event did not have a valid guard card. Not all security guards wear identifiable clothing. 5. Wait staff, bartenders, bar backs, security staff and all personnel employed by the establishment during the hours that alcohol is served shall attend and successfully complete Alcohol Beverage Control (A.B.C.) LEAD training. The applicant shall demonstrate that this training has occurred prior to activation of the Use Permit for live entertainment. All new employees shall also require LEAD training. The owner welcomed the idea of receiving LEAD training. Based on our conversation, it does not appear that she nor her employees have received training. 6. A site manager and no less than four (4) security personnel shall be on site at all times when there is live entertainment. Security personnel shall be responsible to ensure all patrons are of valid drinking age, and manage patron activity inside the tavern and in the vicinity of the building, as defined by ABC (currently 200 feet). Security personnel shall discourage loitering outside of the tavern, as much as possible. During a conversation SAN RAFAEL POLICE DEPARTMENT David C. Spiller, Police Chief 1375 Fifth Ave. San Rafael, CA 94901 VOICE (415) 485-3000 www.srpd.org FAX (415) 485-3043 with the owner of New George’s on July 28, 2021, the owner stated she only has (3) security guards that work at the establishment on a regular basis. The owner said she has hired additional security guards in the past for larger events. 7. As a bonafide eating place, Kimball’s Nightclub (New George’s) and Restaurant shall have complete meal service available during all hours of operation. For the purposes of conditions #18 and 19 of the Use Permit, “Bonafide eating place” means a place which is regularly used and kept open for the serving of meals to guests for compensation and which has: a) suitable kitchen facilities for the cooking of an assortment of foods which may be required for meals. b) a primary use of a sit down service to patrons; c) adequate seating arrangements for sit down patrons provided on the premises; d) Take-out service that is only incidental to the primary sit-down use; and e) Alcoholic beverages all sold or dispensed for consideration for consumption on the premises only, and only when, served at tables or sit down counters by employees of the restaurant. A bonafide eating place does not include a place where food service is incidental to the service of alcoholic beverages, constituting less than fifty-one percent (51%) of sales. The owner/operator shall submit evidence of total food service sales to the City of San Rafael Police Department, upon request by City Officials to verify compliance with these conditions. SRPD was notified by the San Rafael Fire Department that the establishment’s kitchen appears to be unused and not functional for cooking. DATE: August 26, 2022 TO: Chief David Spiller via the Chain of Command FROM: Lt. Lisa Holton RE: George’s 842 Fourth St. When George’s Bar, 842 Fourth St. re-opened in the Spring of 2021 following the pandemic restrictions being lifted in Marin County, the San Rafael Police Department has received an increasing number of calls for service at the bar. The calls are generally related to fights, assaults, and over-serving alcohol to bar patrons. Between June 13, 2021, and August 7, 2022, The San Rafael Police Department has responded to more than twenty-three calls for service associated with George’s Bar. The following is a summary of the cases and incidents investigated by the police department: 06-13-21 Drunk in Public Arrest. Officers were dispatched to a fight in progress at the bar. They arrived to find one person too intoxicated to care for himself. Case SR21-3929 06-27-21 Drunk in Public Arrest and Battery. Officers were dispatched to a fight in progress at the bar. They arrived to find a victim of an assault. Officers arrested one person for being drunk in public and for Battery against a person. SR21-4232 07-11-21 Officers responded to a fight in progress at the bar. When officers arrived, the fight was over. No arrests were made. 07-23-21 George’s hosted a rap concert with entertainers from the East Bay and Detroit. At approximately 10:47 PM two suspects opened fire with automatic rifles on a group of people arriving to attend the concert. The group had parked in a City of San Rafael parking structure near the bar. Six people were struck by gunfire. Two people died. SR21-04877. 07-31-21 Employees of George’s believed a customer had stolen something. Employees pinned the man to the ground and called police. There was no proof anything had been stolen. No arrests were made. 08-11-21 Officers responded to George’s Bar at the request of a victim who reported she and her boyfriend were assaulted on July 31, 2021. The assault was unrelated to the theft incident. SR21- 05274 10-09-21 Officers responded to George’s Bar at approximately 11:04 PM regarding an assault that had just occurred. The suspect was too intoxicated to care for himself and spat on a bar security guard. The suspect had been handcuffed by security when SRPD officers arrived. SR21-06575 10-10-21 A SRPD officer was monitoring George’s Bar at closing time (1:53 AM) when she observed an argument between a group of men. The officer approached the group and told them to separate. As she was dealing with this group another group of males began shoving each other. The officer called for assistance and then heard a loud noise. The officer turned to see a male subject punching another male. The victim sustained major injuries. One suspect was arrested for felony battery. SR21-06577. 10-24-21 At approximately 2:05 AM Officers responded to a reported fight in progress at George’s Bar. When officers arrived, the fighting had stopped. There was a group of people outside the bar when officers arrived. There were no arrests. 11-21-21 At approximately 1:13 AM an anonymous caller dialed 9-1-1 stating he needed help. The caller hung up before providing any additional information. Dispatch was able to call the reporting party and learned there were three people fighting. The involved parties had fled the area prior to officers’ arrival. 12-05-21 At approximately 12:38 AM George’s security called the police department to report there was an extremely intoxicated male refusing to leave the bar and starting fights. No arrest was made. 01-22-22 At approximately 12:26 AM an intoxicated person called the police department from George’s Bar. When officers arrived, the man reported that the bartender was serving minors. Officers were unable to substantiate the report. No arrests were made. 01-23-22 At approximately 1:56 AM officers responded to George’s Bar for a possible medical aid. They arrived and spoke to a woman who reported another woman threw a beer bottle at her while inside the bar. She stated the bottle struck her in the face. The woman then stated that once outside the same suspect broke a bottle and cut the victim’s finger before fleeing the area with a man in an SUV. Independent witnesses told officers that the woman who called the police instigated the fight and cut her own finger after breaking beer bottles outside. Officers were unable to substantiate what happened. SR22-00544. 02-06-22 At approximately 1:52 AM a male called 9-1-1 to report he had been assaulted at George’s Bar. The victim sustained an injury to his lip. The suspect had fled prior to arrival and the victim declined any further assistance. No arrests were made. 02-27-22 At approximately 10:32 PM officers investigated an assault between a bar patron and security. During the altercation the suspect stole the security guard’s body worn camera. The bar patron was cited for battery and theft. SR22-01405 03-21-22 at 12:54 AM Officers responded to George’s regarding an assault that had just occurred. A security guard determined that a bar patron was too intoxicated to be inside the bar. Additionally, the patron was challenging people to fight. When the security guard attempted to escort the man from the bar a fight ensued. The suspect was arrested for battery. Following the arrest, the suspect kicked officers and a nurse at the hospital where the suspect was taken for medical clearance. SR22-01946. 06-12-22 at 1:50 AM Officers responded to George’s regarding a fight in progress. When officers arrived, there was no longer a fight, however there were numerous intoxicated people in the street. An officer was approached by a female bar patron who reported she was assaulted inside the bar. The suspect could not be located. SR22-04088. 07-04-22 at 1:32 AM Officers responded to George’s regarding an assault. The victim reported he had been asked to leave the bar for wearing shorts. Once outside he attempted to return to the bar because he had a friend inside. When he approached the front door the security guard pushed the victim by the throat two times. The victim fell to the ground after the second push. The security guard was cited for battery. SR22-04589. 07-04-22 at 1:32 AM following the investigation of the above incident officers conducted an Alcoholic Beverage Control compliance check. The bartender and owner were admonished for poor standards of operation specifically related to the following: SR22-04591 • Obviously intoxicated persons and habitual drunkards. No person may sell or give alcohol to an individual who is obviously intoxicated, nor may they cause or permit this to occur. No person may give or sell alcohol to anyone who is a habitual drunkard (meaning they have lost control of their drinking), nor may they cause or permit this to occur. • Law enforcement problem. Licensees may not permit their premises to become a problem for law enforcement by making an unreasonable number of calls for assistance. • Disorderly house. Licensees may not permit the licensed premises (including the parking lot) to become a disorderly house. This means disturbing neighbors with loitering, loud music, vandalism, or littering. It could also mean having multiple ongoing crimes such as assaults, narcotics, or prostitution. 07-16-22 at 4:18 AM Officers responded to the corner of Fourth Street and Cijos St. regarding a possible traffic collision. A passerby found a male laying in the street at the location and believed he had been struck by a car. The intersection is a short distance from George’s Bar. The victim told officers he had been drinking at George’s several hours prior. He claimed that he was assaulted by three men when he left the bar. The victim was still extremely intoxicated when interviewed by officers. SR22-04918. 07-23-22 at 1:11 AM Officers completed a walk-through of George’s Bar. The officer noted that there was no food being served and there were no menus available. The officer stated that there was a menu written on a chalk board. There was one person in the kitchen, however no food was being prepared. SR22-05098 08-05-22 at 8:22 PM Officers completed a walk-through of George’s Bar to observe whether it was operating as a restaurant. The officer noted that the bar had been open for approximately two hours, however the burners on the stove were cold to the touch. The only food available in the kitchen to be cooked was a small bag of chicken wings and some beef that appeared to be old. The officer photographed the kitchen area. The kitchen has an apartment sized refrigerator/freezer which only held miscellaneous condiments, ranch dressing and a bag of corn tortillas. The manager instructed the employees to stop opening doors and cabinets so that officers could not see inside. Additionally, they refused to turn on lights in the bar area. SR22-05477. George’s City of San Rafael Use Permit and California Alcohol Beverage Control License require that the business operate a full restaurant and serve food during their regular business hours. George’s business hours are varied. The bar does not open on most nights of the week. It is not open as a restaurant during normal lunch or dinner hours. George’s is active on Friday, Saturday, and Sunday nights after 9:00 PM. All references to the restaurant, including menus, have been removed from the website and online ordering services. George’s typically uses social media to advertise their entertainment. Their Facebook page shows that they are advertising as a night club, with their doors opening at 9:00 PM on nights when they have live shows. Since reopening, George’s has become a nuisance to the police department. The have been operating in violation of their use permit and alcohol license. Any attempt to work with the bar owner and management to correct their behavior has been met with resistance and denial of responsibility. Respectfully submitted, Lt. Lisa Holton DATE: December 15, 2022 FROM: Captain Roy Leon RE: George’s 842 Fourth St. The following is a summary of the cases and incidents investigated by the police department at George’s since the last Memo that was completed by Lt. Lisa Holton on August 26, 2022: 10-01-22 A customer reported he was slapped in the face by a George's security officer. The customer displayed the objective symptoms of being intoxicated. The security officer was contacted and admitted that she slapped the customer in the face after making a derogatory remark. The customer refused to press charges and a report was completed for documentation. SR22-6883 10-02-22 A customer reported he was struck twice in the face and once in the chest by another person. The customer stated a George's security officer escorted the suspect out of the building and allowed him to leave. The customer wished to press charges against the suspect if identified. George's does not have interior security cameras and a suspect was not identified. SR22-6896. 10-02-22 An officer initiated a traffic enforcement stop near George’s. The driver displayed objective signs of alcohol intoxication and admitted to drinking one alcoholic beverage near George's prior to driving. However, the passenger inside the vehicle stated the driver had been inside George’s drinking alcohol with them. The driver failed Field Sobriety Tests and was arrested for driving under the influence. SR22-6897 10-23-22 SRPD Officers responded to the area of George’s after a 911 call was placed into dispatch. Upon arrival, officers located three victims that reported being punched by six suspects. A fourth victim was struck in the head by a glass beer bottle. It was reported an argument and fight occurred inside George’s prior to the assault. The victim that was struck in the head sustained a wound and was transported to the hospital. The victims were extremely intoxicated and were suspected of being over-served at George's. SR22-7393 DATE: 2/28/23 FROM: Captain Roy Leon RE: George’s 842 Fourth St. The following is a summary of the cases and incidents investigated by the police department at George’s as of 10/24/22: 12-18-22 Officers were conducting extra patrol at George's when they observed a security guard carry out a female patron who was nearly unconscious from being over served. The security guard did not ask the officers on scene for help and instead tried to dump the intoxicated female on a nearby bench where she promptly nearly fell off. Officers kept her safe until the fire department could arrive and transport her to the hospital. George's staff were less than helpful. SR22-8700. 12-19-22 During an extra patrol at George's, a vehicle was stopped for running a red light. The driver admitted he had been drinking at George’s. The Driver was intoxicated with a .109 BAC. He was arrested and booked into jail. SR22-8713. 01-15-23 Officers responded to George's Nightclub to a report of a "gas bomb". Upon arrival, Officers discovered that a George's Nightclub security guard had deployed his OC pepper spray at a man that attempted to punch him, after the security guard was escorting him out of the club for being involved in a fight. The security guard inadvertently sprayed a few uninvolved guests. None of the security guards or George's Nightclub employees made an effort to call SRPD or SRFD. While on scene, an over-served patron walked in and out of the club. The patron showed objective signs of alcohol intoxication and was subsequently arrested for being drunk in public. Officers noticed there was no food being cooked and the kitchen showed that no food appeared to have been prepared at all that day. SR23-00317. 1-21-23 Officers responded to a report of a physical fight at George's Nightclub. Upon arrival the suspects had fled. The club's security guards failed to report they used OC spray on the suspects which sprayed onto other patrons. SR23-00467. Facebook Page: https://www.facebook.com/georgesnightclubSR/ Screenshot from 1/20/23: “See menu” link leads to: https://www.facebook.com/georgesnightclubSR/menu/ Yelp Listing: GEORGE’S NIGHTCLUB - 14 Photos & 71 Reviews - 842 4th St, San Rafael, CA - Schedule - Yelp Screenshots from 1/20/23: Clicking “Read More”: From the business Specialties George's Nightclub will create an environment that satisfies the changing tastes and expectations of our clientele. In order to achieve this goal, we must constantly improve our response to the customers' entertainment needs. We will provide our customers with the highest possible live music value in a nightclub setting by giving them the highest quality service, the best drinks, and the best in live and recorded dance club music. We will provide exceptional service that leaves an impression with every customer, a consistent entertainment atmosphere, and high product quality. History Established in 1920. 1920's - a plaque across the street from George's at 842 Fourth Street claims that George's had its early roots as a recreational pool hall when it was owned by Frank Healy. 1947 - Fast forward to the late '40's when, the site was a Recreation Parlor operated by George Lefevre, the original "George's." 1949 - George remodeled the venue to make it a bar, bowling alley, and poolroom. 1977 to 2003 - During this time period, George's went through multiple owners. . Don Schwartz later left his mark on George's, brining in multiple big-name performers and lastly F.W. (Butch) Byrne's operated and owned New George's until it closed in 2003. 2003 2010 - Current Owner, Todd Ghanizadeh, began construction on George's Nightclub, transforming it into a sleek 1940's style nightclub. We would like to acknowledge and thank all the previous owners and employees for making George's past so successful. Meet the Business Owner Business owner information Todd G. Business Owner A 1988 graduate of San Rafael High School, the tall, trim Ghanizadeh studied dance with Marin Ballet and San Francisco Ballet and went on to perform with American Ballet Theatre and the Boston Ballet in the '90s. After returning to Marin in 1999, he started Management Consulting Group, a San Rafael-based recruiting company specializing in the technology, mortgage and accounting fields. He's the father of three children, ages 14, 8 and 5. He's been heavily involved in the art world an and he has been reaching out to people like his Rrazz Room friends for advice, and he believes his background in the arts will serve him well. Do the Bay: https://dothebay.com/venues/george-s-night-club Screenshots from 1/20/23: Website Doman: https://www.georgesnightclub.com Links on social media reroute to: https://www.seatsforeveryone.com/ typing in www.georgesnightclub.com in search engine gets: Thomas K. Lai DIRECTOR Gregory Pirie DEPUTY DIRECTOR Marin County Civic Center 3501Civic Center Drive Suite 236 San Rafael, CA 94903 415 473 6907 T 415 473 4120 F 415 473 2255 TTY www.marincounty.org/ehs January 27, 2023 Leslie Mendez, Planning Manager Community Development Department City of San Rafael 1400 5th Avenue, 3rd floor San Rafael, CA 94901 Ph: 415.485.3095 Email: Leslie.Mendez@cityofsanrafael.org RE: Evolution Nightclub and Restaurant, 842 4th St, San Rafael, CA 94901 Permitting Thank you for your inquiry. Evolution Nightclub and Restaurant, License L15856, possesses a Limited Food Preparation permit with Environmental Health. This facility has been permitted since 9/5/2019 and the current permit is valid until 11/21/23, which is eligible for annual renewal. Limited Food Preparation is defined in 113818 of the California Retail Food Code (CalCode): "LIMITED FOOD PREPARATION" means food preparation that is restricted to one or more of the following: (1) Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of non-prepackaged food. (2) Dispensing and portioning of non-potentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing. (3) Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source. (4) Holding, portioning, and dispensing of any foods that are prepared by a catering operation. (5) Slicing and chopping of non-potentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process. (6) Cooking and seasoning to order. (7) Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products. (8) Hot and cold holding of food that has been prepared at an approved, permanent food facility. (9) Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter. "LIMITED FOOD PREPARATION" does not include any of the following: (1) Slicing and chopping potentially hazardous food, other than produce, unless it is on the heated cooking surface. (2) Thawing. (3) Cooling of cooked, potentially hazardous food. (4) Grinding raw ingredients or potentially hazardous food. PG. 2 OF 2 (5) Washing of foods. (6) Cooking of potentially hazardous foods for later use. (7) Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products subject to licensing under Division 15 (commencing with Section 32501) of the Food and Agricultural Code. A second food facility has also operated at the same location of 842 4th Street, San Rafael: Pibil Yucatan Food, license L15603. This facility was permitted 11/21/18 – 1/14/21 as a Full- Service operation and caterer, providing Full-Service food operations for Evolution Night Club and Restaurant from 9/5/19. As of 1/14/21, the facility is no longer active at this location. If you have any additional concerns, I may be reached at 415/473.6916 or via email at paboagye@marincounty.org. Sincerely, Pricilla Aboagye Pricilla Aboagye, REHS, MPH Senior Environmental Health Specialist Environmental Health Services CC: Shannon Bell, Supervising REHS, Environmental Health Services Community Development Department – Code Enforcement CASE FILE MEMORANDUM DATE: June 8, 2022 TO: Case File FROM: Ana Santiago Senior Code Enforcement Supervisor SUBJECT: Code Enforcement Notes of New George’s Nightclub Undercover Visit [842 4th Street] Friday June 4, 2022 At 7pm I called New George’s to see if they were opened but there was no answer. My cell phone wrung back at 7:30 from the club and stated she had missed a call. I asked her in Spanish what time they opened, and she stated they are open now. I arrived at about 8:15 pm and parked downed the street and I could hear English music, but it wasn’t coming from New George’s. It was coming from the business next door. I need to follow up with them about their drinking and loud music etc. I also notice that a security guard was parked across the street smoked Marijuana and got himself dressed with a vest. He went in around 8:45 pm We went in about 9 pm. The place was empty. We paid the $60.00 cover fee for the 2 and it was only cash was allowed. Sat down and had a beer $16.08. There was a DJ playing music. I had asked for food, but waitress stated it was too early. They come by very frequently to ask if you have finished your drink or if you would like another one. Around 9:45 pm a gentleman came to our table and asked if we wanted food.  He stated that the only food they had was chicken wings and we needed to pay for it in cash. We could not put it on the credit card, only drinks allowed on the card. I then pretended to be looking for the bathroom and walked into the kitchen. I didn’t see anything cooking but was told to get out that it was the kitchen and the bathroom was on the other side of the wall. They had a DJ play until about 11:15 pm. Then the band started to play around 11:30 pm. There was around 100-125 people. It was not over crowded. The four security guards kept the hallway clear. There was a guard standing at that hallway that was open the whole time I was there. They did a last call around 1:30 am. Everyone left peacefully and were gone by 2 am. We waited until 2:15 am to make sure that they followed the protocol. Kate Colin, Mayor • Maribeth Bushey, Vice Mayor • Rachel Kertz, Councilmember • Maika Llorens Gulati, Councilmember • Eli Hill, Councilmember September 8, 2021 Ms. Esly Figueroa George’s Nightclub 842 Fourth Street San Rafael, CA 94901 Re: City of San Rafael Conditional Use Permit UP05-01 George’s Nightclub Noncompliance Issues Dear Ms. Figueroa: As you may recall, Use Permit UP05-01 was approved on January 10, 2016 by San Rafael Planning Commission Resolution No. 06-02 (attached), allowing the re-establishment of live entertainment and a cocktail lounge at 842 Fourth Street. The Use Permit for live entertainment and cocktail lounge was approved with a stipulation that food service and on-site security would be provided during all hours of operation for the night club/live entertainment use. A copy of UP05-01 is attached for your reference. George’s Nightclub and its predecessors have been a longstanding fixture in Downtown San Rafael, and the City hopes it remains so. However, in an inspection of the premises by City staff following the recent tragic homicides that occurred in the City’s Lootens and 3rd Street garage and involved people associated with a performance at the club, staff found that George’s has not been complying with certain conditions of the Use Permit approval. The purpose of this letter is to advise of the changes and corrections needed to comply with the Use Permit. Because Use Permit UP05-01 was approved upon the representation, and under the condition that the live entertainment and cocktail lounge would operate only as a bona fide eating place with complete meal service available during all hours of operation, the use of the property for live entertainment without food service is in violation of the use permit. Additionally, George’s is not in compliance with certain other conditions of the use permit. To bring George’s into compliance with the existing Conditional Use Permit, you will need to correct and/or comply with the following conditions of approval: 1. Use Permit Condition of Approval (COA) #10 - Cash Deposit: COA #10 requires a cash-deposit in the amount of $2,000 to be posted with the City prior to activation of the Use Permit, and replenished from time to time as necessary, to cover City costs to provide security for extraordinary law enforcement or public safety services associated with the approved live entertainment uses at the club. City records reflect that there is no deposit on file as required by this condition. 842 Fourth Street September 8, 2021 Page 2 2. COA #11 – City Business License: COA #11 requires George’s to maintain a valid City business license and State of California liquor license at all times. In addition, all contract employees (i.e., disc jockey and live entertainers) are required to obtain a San Rafael business license prior to working on site. Staff’s information is that contract employees at George’s have not been obtaining the required business license. 3. COA #14 – Site Manager and Security: COA #14 requires that a site manager and no fewer than four (4) security personnel shall be on site at all times when there is live entertainment. All security personnel must be licensed by the State of California as private patrol/security officers and wear clothing clearly identifying them as security personnel. The security personnel are responsible to ensure that all patrons are of valid drinking age, and to manage patron activity inside the tavern and in the vicinity of the building, as defined by State Department of Alcoholic Beverage Control (ABC), currently 200 feet. Security personnel are to discourage loitering outside of the club, as much as possible. On July 23, 2021, City police officers noted that at least one of the security guards working at a live event did not have a valid state “guard card.” Additionally, not all of the security guards were wearing clothing identifying them as such. In a conversation on July 28, 2021, you told staff that you only have three security guards that work at George’s on a regular basis, although you have hired additional security guards in the past for larger events. 4. COA #16 – Hours: COA # 16 requires all entertainment to cease at 1:30 a.m., and lighting to be restored to allow full illumination of the interior of the establishment by 2:00 a.m. Staff’s information is that George’s is not complying with this condition as live music performances currently end at 1:45 a.m. 5. COA #17 Security personnel shall clear the nightclub at closing and remind patrons not to remain in the vicinity of the building (as defined by ABC). At least two security personnel shall remain outside at closing to clear patrons from the vicinity. This shall include: • Preventing patrons from loading vehicles in red zones • Assisting patrons in crossing the street to prevent them from crossing against the light to the parking garage at Third and C streets. • Preventing patrons from loitering in the vicinity of the building 6. COA #18 – 20 – Bona fide Eating Place The nightclub was approved as a bona fide eating place, and COA #18 requires George’s to have complete meal service available during all hours of operation. As a bona fide eating place, the club is permitted to have persons less than twenty-one years of age on the premises, and it is your responsibility to ensure to adherence to ABC regulations prohibiting service to minors. 842 Fourth Street September 8, 2021 Page 3 For the purposes of these conditions a “bona fide eating place” means a place which is regularly used and kept open for the serving of meals to guests for compensation and which has: a) suitable kitchen facilities for the cooking of an assortment of foods which may be required for meals. b) a primary use of a sit down service to patrons; c) adequate seating arrangements for sit down patrons provided on the premises; d) Take-out service that is only incidental to the primary sit-down use; and e) Alcoholic beverages all sold or dispensed for consideration for consumption on the premises only, and only when, served at tables or sit down counters by employees of the restaurant. A bona fide eating place does not include a place where food service is incidental to the service of alcoholic beverages, constituting less than fifty-one percent (51%) of sales. Upon request by City officials, you are required to submit evidence of total food service sales to verify compliance with these conditions. Staff’s inspection revealed that George’s kitchen appears to be unused and not functional for cooking. Given that George’s is not complying with one of the fundamental bases for the use permit, namely, the use of the premises as a bona fide eating place, Staff feels it has no choice but to schedule a hearing before the Planning Commission to consider revocation or modification of the use permit. We will notify you when we have scheduled that hearing, which I expect will occur sometime in October 2021. In the meantime, we are hopeful that you will be able to bring the club into compliance with the use permit conditions above so that this Planning Commission hearing can be avoided. As I noted above, the City would like to retain George’s Nightclub as a vibrant part of Downtown, and I am happy to meet with you to discuss the above compliance issues or answer your questions. Very Truly Yours, Alicia Giudice Community Development Director Attachments 1. Planning Commission Resolution 06-02 Kate Colin, Mayor • Maika Llorens Gulati, Vice Mayor • Maribeth Bushey, Councilmember • Rachel Kertz, Councilmember • Eli Hill, Councilmember February 27, 2023 Ms. Esly Figueroa George’s Nightclub 842 Fourth Street San Rafael, CA 94901 Evolution Nightclub & Restaurant, LLC 1512 Lincoln Avenue San Rafael, CA 94901-1976 Sills Jordan Revocable Trust 1929 Van Ness Avenue San Francisco, CA 94109 Re: Conditional Use Permit UP05-01 Revocation Hearing 842 4th Street, San Rafael: George’s Nightclub Dear Ms. Figueroa, Business Owner, and Property Owner: This letter is a revision to the letter I recently sent, dated February 9, 2023, that incorrectly stated the Use Permit revocation hearing for George’s Nightclub would be scheduled on February 18, 2022. The hearing has been rescheduled for March 28, 2023. On January 10, 2016, the San Rafael Planning Commission approved Use Permit 05-01 by Resolution No. 06-02, allowing the re-establishment of live entertainment and a cocktail lounge at 842 Fourth Street doing business as George’s Nightclub. The Use Permit for live entertainment and cocktail lounge was approved with a stipulation that food service and on-site security would be provided during all hours of operation for the night club/live entertainment use. A copy of the Planning Commission Resolution No. 06-02 and UP05-01 is attached for your reference. After the shooting incident that occurred in the City’s Lootens and 3rd Street garage involving people associated with a performance at the club and which resulted in a double homicide, Community Development Director Alicia Giudice sent a letter of Use Permit non-compliance to Ms. Esly Figueroa dated September 8, 2021 (attached for your reference). The letter outlined conditions of the Use Permit that were not being complied with and advised of the changes required to achieve compliance. The letter also stated the Use Permit would be brought up for a revocation hearing if compliance was not achieved. Subsequent to receipt of this letter, Ms. Fiqueroa remitted a cash deposit in the amount of $2,000 as required by Use Permit Condition of Approval (COA) #10 to cover costs to provide security for extraordinary law enforcement or public safety services associated with the approved live entertainment uses at the club. Since September of 2021, 842 Fourth Street February 27, 2023 Page 2 however, the nightclub has taken no further action to redress noncompliance and continues to be in violation of the Use Permit conditions summarized below. COA #11 – City Business License COA #11 requires George’s to maintain a valid City business license and State of California liquor license at all times. In addition, all contract employees (i.e., disc jockey and live entertainers) are required to obtain a San Rafael business license prior to working on site. Not only is there no record of independent contractors obtaining business licenses with the City, but the business license for George’s Nightclub has been delinquent since January 1, 2022, yet operations have continued. COA #12 & 14 – Site Management and Security The Use Permit requires that a site manager and no fewer than four security personnel be on site at all times when there is live entertainment. In addition, it requires all security personnel to be licensed by the State of California as private patrol/security officers and wear clothing clearly identifying them as security personnel. Unfortunately, city police officers have noted that not all security guards working at a live event had a valid state “guard card” and not all security personnel were wearing clothing identifying them as security guards. Furthermore, Ms. Figueroa has told City staff that only three security guards work at George’s Nightclub on a regular basis, and additional security guards are only occasionally hired for larger events. COA #18 – 20 – Bona fide Eating Place The nightclub was approved as a bona fide eating place, and COA #18 requires George’s to have complete meal service available during all hours of operation. For the purposes of these conditions, a “bona fide eating place” means a place which is regularly used and kept open for the serving of meals to guests for compensation and which has: a) suitable kitchen facilities for the cooking of an assortment of foods which may be required for meals; b) a primary use of a sit down service to patrons; c) adequate seating arrangements for sit down patrons provided on the premises; d) take- out service that is only incidental to the primary sit-down use; and e) alcoholic beverages all sold or dispensed for consideration for consumption on the premises only, and only when, served at tables or sit-down counters by employees of the restaurant. Not only is there no business entity that holds a full-service food preparation license for the establishment, but staff’s inspections reveal that George’s kitchen appears to be unused and not functional for cooking. Furthermore, numerous police reports document frequent and ongoing incidents of fighting, assaults, and other disorderly conduct directly related to the nightclub’s operations. 842 Fourth Street February 27, 2023 Page 3 Given that George’s Nightclub continues to violate various conditions of its use permit, namely, and given the numerous and ongoing calls for service to the Police Department to address incidents related to the operation of the nightclub, staff has scheduled a hearing before the Planning Commission to consider revocation of the use permit, during which the Planning Commission will consider whether George’s Nightclub is in violation of the terms of its use permit and whether George’s Nightclub is operating in a manner that constitutes a public nuisance. The hearing has been set for Tuesday, March 28, 2023. The Planning Commission meeting commences at 7:00 pm and is located with the Council Chambers at City Hall (1400 5th Avenue in San Rafael). I hope and encourage your attendance. Do not hesitate to contact me with any questions. I can be reached at (415) 485-3095 or Leslie.Mendez@cityofsanrafael.org Sincerely, Leslie Mendez Planning Manager Attachments 1. Use Permit non-compliance letter from Director Alicia Giudice, dated September 8, 2021 with attached Planning Commission Resolution 06-02 and Conditional Use Permit UP05-01