delongway GreaterLongBeach.com has obtained a copy of a March 18 letter from Long Beach City Councilmember Gary DeLong to the top local official of the state Department of Alcoholic Beverage Control (ABC) that seems to run contrary to his repeated assertions that he has not used his office to pressure the ABC to be tougher on Belmont Shore bars.

DeLong’s three-page letter to ABC District Administrator Vincent E. Cravens is written on City of Long Beach stationery—bearing the city seal and identifying DeLong as “Councilmember, Third District”–which emphasizes his elected office and adds the aura of an official position to what are merely his personal opinions.

DeLong couches those opinions in incomplete and misleading information which he first uses to badmouth a yet-to-open Belmont Shore bar and grill and then uses as the basis for his request that Cravens push the ABC to restrict the establishment’s alcohol license with 15 conditions. Finally,  just before painstakingly laying out the specifics of those 15 conditions,  DeLong expresses his hope that his council office and Craven’s state department “can work together.”

The letter seems to correspond with what until now seemed like a conspiracy theory by Belmont Shore business leader and bar owner Gene Rotondo, whose two months of loud and relentless accusations charge that DeLong is inappropriately using the influence of his public office—on city departments and commissions, as well as outside entities like the ABC—to abet a personal vendetta that targets five Belmont Shore bars.

DeLong has flatly denied each of Rotondo’s sometimes-histrionic attacks—which have come in newspapers, via mass e-mail and in City Council chambers—and over time his calm-but-firm manner was becoming increasingly convincing. But the discovery of the March 18 letter to the ABC—which DeLong never mentioned in any of his denials—may change that.

GreaterLongBeach.com acquired a copy of DeLong’s letter to the ABC as part of a file of public documents requested while investigating the dramatic and so-far-unexplained collapse of a significant pillar in the 3rd District power structure—an alliance among DeLong, a few major Belmont Shore land owners and a handful of bar proprietors who tend to have a huge influence on decision-making by the Belmont Shore Business Association.

The explosiveness of the breakup is epitomized by a series of accusations and denials and counterattacks between DeLong and Rotondo, the 14-year president of the Belmont Shore Business Association and longtime proprietor of Legends.

Press Telegram columnist Doug Krikorian was the first to report on the controversy. The second, too, as a matter of fact. Just a couple of samples from Krikorian’s two columns on the subject pretty well establish the dueling tones and perspectives in this showdown.

From Rotondo on May 9: “If Gary had his way, he would like to see my place [Legends], as well as Shannon’s, the Acapulco Inn, Panama Joe’s and Dogz all stop serving alcohol at midnight. He has his sights on implementing more restrictions and control over our operations.”

From DeLong on May 9, when asked if he were seeking to stop liquor sales at midnight: “Absolutely not. If that comes about, that means we all would have failed in our quest to solve the problems we have in Belmont Shore.”

From Rotondo on June 6: “To have power and not use it is wrong. To have power and misuse it is a sin. And this is what Gary DeLong has done. He’s misused his power. And I’ve had enough.”

From DeLong on June 6: “I wish I had the authority Gene thinks I have. Yes, I’ve brought up my concerns to the city manager (Pat West) about complaints I’ve received from some citizens who live in Belmont Shore about late-night rowdiness. At the end of the day, I’ve been trying to do what I was elected to do … I don’t have the power to tell the police department or the ABC what to do. That kind of power doesn’t come out of the council office.”

Nonetheless, one of the five bars that Rotondo includes among DeLong’s targets is Dogz Bar and Grill—the place DeLong badmouthed in his letter to the ABC district administrator.

The eat-and-drinkery is located at 5300 East Second Street, a building previously inhabited briefly by Club EVO, and known for nearly 30 years before that as Belmont Station. It’s a piece of longtime Belmont Shore Parking Commissioner Bill Lorbeer’s sizeable Second Street holdings.

The new proprietor is Norm Turley, who recently retired after 33 years on the Long Beach Police Department. When contacted by GreaterLongBeach.com, Turley declined to be quoted for this story. He would only confirm that Dogz Bar and Grill opened for business on April 12.

Although DeLong sent his March 18 letter to the ABC three weeks before that April 12 opening, the councilmember nonetheless wrote that “this establishment has been a nuisance to the surrounding neighborhood for years.”

DeLong was almost certainly referring to complaints about previous establishments at that address—EVO and Belmont Station—but he didn’t make that clear to the ABC … and the validity of those complaints is not proven, anyway.

In the next paragraph, DeLong plays even more loosely with the facts. He tells Cravens, “The location has had many problems, with the revocation of its entertainment license being the result.”

But Linda Guthmann Krieger, who presided over the hearing on what was then EVO’s entertainment permit, emphasized in her report—-which was among the public records obtained by GreaterLongBeach.com—that nuisance charges were not proven. Krieger revoked the entertainment license on Oct. 29, 2010, because of clerical errors that then-owner Gary Roth made while filling out paperwork.

Wrote Krieger:

“First, the City did not show information that, if known, would have warranted the denial of the issuance of the permit at the time the application was made. The most the testimony showed was that certain things could have affected the approval of the permit. Second … a nuisance has not been demonstrated. Third, while there are errors, it is not clear that Gary Roth knowingly made false statements in the permit or business license applications. Finally, other than updating the City regarding changes, it has not been shown that the permittee failed to comply with conditions imposed regarding the issuance of the permit.”

However incomplete and misleading, the information in DeLong’s letter to Cravens is clearly the basis of his request that the ABC impose a list of conditions on Dogz’ license to serve alcohol.

“ABC has been provided with the historical evidence,” DeLong writes,” and I am hoping that we can work together to ensure that Dogz Bar and Grill will be a good neighbor.”

DeLong’s list of conditions would define, restrict or eliminate a wide range of customer activities and business procedures at Dogz Bar and Grill. Examples: only one television would be allowed in the entire restaurant, while pool tables and video games would be completely banned. Live entertainment and dancing would be prohibited. The proprietor would be required to install a video surveillance system to the as-yet-undefined specifications of the Long Beach Police Chief (as well as the directors of two other city departments), and the information on that system would have to be Internet-accessible to the Long Beach Police Department (LBPD) on demand. Alcohol could only be sold between 11 a.m. and midnight, and the dollar-amount of food sales would always have to surpass sales of alcoholic drinks.

And then there is the condition, No. 4 on the list, which would seem to demand that Dogz violate some law of science. It reads: “Sound shall not be audible within fifty feet from the exterior of the premises in any direction.”

That’s right, DeLong wrote “within fifty feet.” Looks like a clerical error—a stupid mistake, but certainly forgivable … unless somebody happens to commit it on an entertainment permit.

UNEDITED TEXT OF DELONG’S LETTER AND REQUESTED CONDITIONS

March 18, 2011 

Dear Mr. Cravens,

I am writing in regard to the establishment located at 5300 East Second Street. The permittee is known as Dogz Bar and Grill, previously Club EVO, and before that, Belmont Station.  This establishment has been a nuisance to the surrounding neighborhood for several years.

The current ABC license has no attached conditions, which has led to negative impacts on its neighbors.  The location has had many problems, with the revocation of its entertainment license being the result.  ABC has been provided with the historical evidence and I am hoping that we can work together to ensure that Dogz Bar and Grill will be a good neighbor.

Accordingly, I am requesting that the following set of conditions be placed on Dogz Bar and Grill.

1. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control.

2. The permittee shall not allow employees to discard trash or bottles into the outside dumpsters between the hours of 10 p.m. and 8 a.m.

3, There shall be no exterior advertising promoting or indicating the availability of alcoholic beverages.

4. Sound shall not be audible within 50 feet (50’) from the exterior of the premises in any direction.

5. Petitioner shall police the area under control to prohibit and prevent the loitering of persons immediately outside the establishment at all times.

6. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 12:00 midnight, seven days a week.

7. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business.  Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand.

8. The sale of alcoholic beverages for consumption off the premises is strictly prohibited.

9. No “happy hour” type of reduced price alcoholic beverage promotion shall be allowed.

10. There shall be no pool or billiard tables, amusement machines or video game devices and a limit of one (1) television in the premises at any time.

11. No live entertainment or dancing, no disc jockey and no amplified music or stereo systems shall be permitted on the premises at any time.

12. The permittee shall install and maintain a video surveillance system that monitors no less than the front and rear of the business with full view of the public right-of-ways and any parking lot under the control of the permittee. The video system must be capable of delineating on playback the activity and physical features of a persona and areas within the premises. Recordings shall be retained for a minimum of 30 days and be accessible via the internet by the Long Beach police Department. A Public Internet Protocol (IP) address and user name/password is also required to allow the Long Beach Police Department to view live and recorded video from these cameras over the internet. All video security cameras shall be installed to the satisfaction of the Chief of Police, Director of Technology Services, and Director of Development Services. At the discretion of the Chief of Police, the permittee may be required to add additional video cameras.

13. During the hours of operations, the rear door(s) of the establishment shall remain closed at all times except to accept deliveries and in cases of emergency. The rear door(s) shall be constructed of a solid material to help reduce noise pollution and shall not consist solely of a screen or ventilated security door. All doors at secondary and emergency entrances and exits not oriented toward 2nd Street shall be closed by 10:00PM except during bona fide emergencies.

14. Security personnel shall be provided at the main entrances and exits after 10:00 PM to one hour after closing.

15. The permittee shall ensure that a security guard monitor and check the property adjacent to, and the parking lots south of 2nd Street between Glendora and Pomona Avenues on an hourly basis after 8:00 p.m. each night of the week. Security shall maintain order and prevent the unlawful consumption of alcohol. Security shall prevent any activity that would interfere with the quiet enjoyment of any nearby residential property. Security guards must be identifiable as establishment employees.