HomeMy WebLinkAboutRES-25-7489 (THE REVOCATION OR SUSPENSION OF BUSINESS LICENSE NO. 01136416)Page 1 of 10 RES-25-7489
CITY OF HERMOSA BEACH
RESOLUTION NO. RES-25-7489
A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH,
CALIFORNIA, REVOKING BUSINESS LICENSE NO. 01136416 ISSUED TO
JUNG JUN LEE, DOING BUSINESS AS RAMEN AND SUSHIYA, INC.
LOCATED AT 1121 AVIATION BOULEVARD AND DETERMINING THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Hermosa Beach (City) requires that all
persons conducting business in the City procure a Business License from the
City. The City defines and regulates business license requirements under
Hermosa Beach Municipal Code (HBMC) Chapter 5.04. Pursuant to Chapter
5.04, Business License No. 01136416 was issued to Jung Jun Lee, doing business
as Ramen and Sushiya Inc. (also known as Aka Ramen and Sushi and Aka Sushi
and Sake Bomb), at 1121 Aviation Boulevard, Hermosa Beach, California, on
October 1, 2018 (Ramen and Sushiya, or the business). Pursuant to HBMC
Section 5.04.190, Business License No. 01136416 must be renewed annually.
The current business license expires on September 30, 2025.
SECTION 2. The City also requires that all restaurants that sell, serve, or allow
on-sale alcohol beverages obtain a Conditional Use Permit (CUP) pursuant
to HBMC Chapter 17.40. On May 17, 2004, the Planning Commission
adopted Planning Commission Resolution 04-17, which approved a CUP for the
service of alcohol at 1121 Aviation Boulevard. Ramen & Sushiya served alcohol
pursuant to this CUP and Alcoholic Beverage (ABC) License No. 595995 until
approximately September 12, 2023, when the CUP was modified as detailed
below.
SECTION 3. The City documented three alleged instances of the sale
of alcohol to minors, in violation of state law and the City’s municipal code, at
1121 Aviation Boulevard under Ramen and Sushiya Inc., in a six-month period
between September 2022 and March 2023. On September 26, 2022, Hermosa
Beach Code Enforcement received a complaint that the business was routinely
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serving beer to minors. On January 13, 2023, the City received a complaint that
at least 15 high-school aged minors were present at the business and were
drinking alcohol, causing law enforcement to respond at the business. (On
March 24, 2023, ABC personnel conducted a site visit at the business, requested
law enforcement assistance, and issued citations to nine minors for underage
drinking.
SECTION 4. On September 12, 2023, the City Council held a public hearing
to review the CUP. The City Council found that Ramen and Sushiya committed
three violations of selling alcohol to minors between September 2022 and March
2023, and that the owner or operator of Ramen and Sushiya had not taken or
complied with any precautious necessary to ensure the compatibility of the
establishment with the surrounding uses. Based on these findings, pursuant to
HBMC Section 2.52.040 and Section 17.40.080, the City Council adopted
Resolution No. 23-7387 modifying the Conditional Use Permit (CUP 23-08/ APE 23-
04) for Ramen and Sushiya Inc., located at 1121 Aviation Blvd. The modified CUP
placed additional requirements on the establishment, its operators, and
permitted the Police Chief to impose modified or additional operation
requirements to curtail continuing or future violations of the CUP. Ramen and
Sushiya continued to serve alcohol pursuant to CUP 23-08/APE 23-04 and ABC
License No. 595995.
SECTION 5. On January 3, 2025, the Department of Alcoholic Beverage
Control requested assistance from the Hermosa Beach Police Department at 1121
Aviation Boulevard and citations were issued to 11 individuals for underage
drinking.
SECTION 6. On January 21, 2025, the Planning Commission revoked CUP 23-
08/APE 23-0 Permit allowing on-sale alcohol at the business after 10:00 p.m.
SECTION 7. On January 23, 2025, the business voluntarily surrendered its
Department of Alcoholic Beverage License No. 595995.
SECTION 8. On March 19, 2025, the Hermosa Beach Police Department
conducted an undercover investigation at Ramen and Sushiya, which is detailed
in police report DR# 25-0000695. The investigation documented the business
selling alcoholic beverages without an ABC license in violation of Business &
Professions Code § 23300, and without a CUP for the sale of alcoholic beverages
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issued by the City in violation of the HBMC.
SECTION 9. HBMC Section 5.04.260 provides an enumerated list of instances
under which a city-issued business license may be revoked or suspended by the
City Council, or when the City Council may impose new conditions on the
business license. Pursuant to HBMC Section 5.04.270, the City Council may initiate
review of a city-issued business license to determine whether the business license
should be suspended or revoked, or when new conditions should be imposed
on the business licensed under HBMC Section 5.04.260.
SECTION 10. On May 1, 2025, Jung Jun Lee was notified by U.S. mail
and electronic mail of the May 13, 2025, City Council hearing to
consider the revocation or suspension of Business License No. 01136416, in
accordance with HBMC Section 5.04.270.
SECTION 11. HBMC Section 5.04.260, due to additional alleged violations of
state law and the HBMC arising from conduct at the business documented
on March 19, 2025, the City Council initiated a review of Business License
No. 01136416 issued to Jung Jun Lee, doing business as Ramen and Sushiya Inc.,
at its regularly scheduled meeting of May 13, 2025, at which time testimony
and evidence, both written and oral, was presented to and considered by
the City Council.
SECTION 12. The City Council finds this action to be exempt from the
California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines
Section 15061(b)(3), known as the common sense exemption, as it can be seen
with certainty that there is no possibility that the revocation of a business
license may have a significant impact on the environment.
SECTION 13. Based on substantial evidence set forth in the record
of proceedings, including but not limited to the May 13, 2025 City Council
Staff Report on the proposed revocation of Business License No. 01136416, all
written and oral testimony and evidence presented at the public hearing,
and any public comment received, the City Council hereby further finds,
determines, and declares the following pertaining to the request to revoke
Business License No. 01136416, pursuant to HBMC Section 5.04.260:
A. Where the city council finds and determines that the preservation of the
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public health, safety, and peace demand revocation of such license or
permit;
The business continues to operate in a manner that is contrary to the
preservation of public health and safety despite having ample
opportunity to comply. The following chronology details the history of
violations.
• March 19, 2025 - Hermosa Beach Police Department
documented the business selling alcohol without a license from
the Department of Alcoholic Beverage Control (ABC) in
violation of Business and Professions Code 23300 and in violation
of Hermosa Beach Municipal Code Section 5.04.060 requiring a
business license holder to comply with all laws applicable to the
business, including obtaining a city-issued Conditional Use
Permit (CUP) for on-sale alcohol.
• January 23, 2025 - ABC License 595995 was voluntarily
surrendered to ABC.
• January 3, 2025 - ABC staff requested police assistance from
Hermosa Beach Police Department. ABC issued citations to 11
juveniles for underage drinking. At that time the business
operated under a CUP permitted by Resolution No. 11-6776 and
23-07387.
• March 24, 2023– ABC staff requested police assistance from
Hermosa Beach Police Department. ABC issued citations to 9
juveniles for underage drinking (Attachment 7). At that time the
business operated under a CUP permitted by Resolution No. 11-
6776.
• January 13, 2023 – Reporting party claimed at least 15
underage subjects inside establishment drinking alcoholic
beverages. The reporting party claimed that she sees underage
drinking at the location nightly. Officers arrived and
approximately 20-25 juveniles fled the location. Business
employee identified, advised regarding regulations for sale of
alcohol.
• September 26, 2022 – Code Enforcement received a complaint
that the establishment routinely served several juveniles beer.
The Police Department reported this information to ABC.
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B. Where the licensee or permittee has violated any provisions of this code,
any ordinance of the city or any other provision of law;
The business has repeatedly operated the business in a manner contrary
to state and local regulations. The last two incidents occurred in the first
three months of 2025 as summarized below:
• March 19, 2025 – Hermosa Beach Police Department documented
the business selling alcohol without a license from the Department
of Alcoholic Beverage Control (ABC) in violation of Business and
Professions Code 23300 and in violation of Hermosa Beach
Municipal Code Section 5.04.060 requiring a business license holder
to comply with all applicable laws, including obtaining a city-issued
Conditional Use Permit (CUP) for on-sale alcohol.
• January 23, 2025 - ABC License No. 595995 was voluntarily
surrendered by the business to ABC.
• January 3, 2025 - ABC staff requested police assistance from
Hermosa Beach Police Department. ABC issued citations to 11
juveniles for underage drinking.
• March 24, 2023– ABC staff requested police assistance from
Hermosa Beach Police Department. ABC issued citations to 9
juveniles for underage drinking. At that time the business
operated under a CUP permitted by Resolution No. 11-6776.
C. Where a permit or license has been granted on false or
fraudulent evidence, testimony or application;
Only one of the seven possible findings is necessary to revoke or
suspend a business license. This finding is not the basis upon which
the revocation is recommended.
D. Where the licensee or permittee has violated the terms and provisions
of such license or permit;
The business has repeatedly operated the business in a manner
contrary to state and local regulations.
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•March 19, 2025 – Hermosa Beach Police Department
documented the business selling alcohol without a license
from the Department of Alcoholic Beverage Control (ABC) in
violation of Business and Professions Code 23300 and in
violation of Hermosa Beach Municipal Code Section 5.04.060
requiring a business license holder to comply with all
applicable laws, including obtaining a city-issued Conditional
Use Permit (CUP) for on-sale alcohol.
•January 23, 2025 - ABC License No. 595995 was voluntarily
surrendered by the business to ABC.
•January 3, 2025 - Department of ABC staff requested police
assistance from Hermosa Beach Police Department. ABC issued
citations to 11 juveniles for underage drinking.
•March 24, 2023– ABC staff requested police assistance from
Hermosa Beach Police Department. ABC issued citations to 9
juveniles for underage drinking. At that time the business
operated under a CUP permitted by Resolution No. 11-6776.
•January 13, 2023 – Reporting party claimed at least 15
underage subjects inside establishment drinking alcoholic
beverages. The reporting party claimed that she sees underage
drinking at the location nightly. Officers arrived and
approximately 20-25 juveniles fled the location. Business
employee identified, advised regarding regulations for sale of
alcohol.
•September 26, 2022 – Code Enforcement received a complaint
that the establishment routinely served several juveniles beer.
The Police Department reported this information to ABC.
E.Where the licensee has conducted the business in an immoral or
disorderly manner, or has failed to exercise reasonable efforts to
maintain order among the customers and patrons and to prevent
violation of law or ordinance by them; or
The applicant has failed to conduct its business in an orderly manner
and failed to follow the law; as such, the business has repeatedly
attracted juveniles for underage drinking.
•March 19, 2025 – Hermosa Beach Police Department
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documented the business selling alcohol without a license from
the Department of Alcoholic Beverage Control (ABC) in violation
of Business and Professions Code 23300 and in violation of
Hermosa Beach Municipal Code Section 5.04.060 requiring a
business license holder to comply with all applicable laws,
including obtaining a city-issued Conditional Use Permit (CUP) for
on-sale alcohol.
•January 23, 2025 - ABCLicense 595995 was voluntarily
surrendered to ABC.
•January 3, 2025 - ABC staff requested police assistance from
Hermosa Beach Police Department. ABC issued citations to 11
juveniles for underage drinking. At that time the business
operated under a CUP permitted by Resolution No. 11-6776 and
23-07387.
•March 24, 2023– ABC staff requested police assistance from
Hermosa Beach Police Department. ABC issued citations to 9
juveniles for underage drinking. At that time the business
operated under a CUP permitted by Resolution No. 11-6776.
•January 13, 2023 – Reporting party claimed at least 15
underage subjects inside establishment drinking alcoholic
beverages. The reporting party claimed that she sees underage
drinking at the location nightly. Officers arrived and
approximately 20-25 juveniles fled the location. Business
employee identified, advised regarding regulations for sale of
alcohol.
•September 26, 2022 – Code Enforcement received a complaint
that the establishment routinely served several juveniles beer.
The Police Department reported this information to ABC.
F.The business has been conducted as to be a public nuisance;
The applicant has failed to conduct its business in an orderly manner
and failed to follow the law; as such, the business has repeatedly
attracted juveniles for underage drinking.
•March 19, 2025 – Hermosa Beach Police Department
documented the business selling alcohol without a license from
the Department of Alcoholic Beverage Control (ABC) in violation
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of Business and Professions Code 23300 and in violation of
Hermosa Beach Municipal Code Section 5.04.060 requiring a
business license holder to comply with all applicable laws,
including obtaining a city-issued Conditional Use Permit (CUP) for
on-sale alcohol.
•January 23, 2025 - ABC License 595995 was voluntarily
surrendered to ABC.
•January 3, 2025 - ABC staff requested police assistance from
Hermosa Beach Police Department. ABC issued citations to
11 juveniles for underage drinking. At that time the business
operated under a CUP permitted by Resolution No. 11-6776 and
23-07387.
•March 24, 2023– ABC staff requested police assistance from
Hermosa Beach Police Department. ABC issued citations to 9
juveniles for underage drinking. At that time the business
operated under a CUP permitted by Resolution No. 11-6776.
•January 13, 2023 – Reporting party claimed at least 15
underage subjects inside establishment drinking alcoholic
beverages. The reporting party claimed that she sees underage
drinking at the location nightly. Officers arrived and
approximately 20-25 juveniles fled the location. Business
employee identified, advised regarding regulations for sale of
alcohol.
•September 26, 2022 – Code Enforcement received a complaint
that the establishment routinely served several juveniles beer.
The Police Department reported this information to ABC
G.By the license collector, where the licensee has failed to pay the
charges imposed by this chapter or to file reports as required by this
chapter within sixty (60) days after such charges or reports become
delinquent.
Only one of the seven possible findings is necessary to revoke or
suspend a business license. This finding is not the basis upon which
the revocation is recommended.
SECTION 14. Based on the evidence received at the public meeting,
the City Council hereby further finds, determines, and declares that the
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project is consistent with the City’s General Plan (PLAN Hermosa) because
the Parking Plan Amendment is consistent with Land Use Policies 1.1 and
Policy 5.8:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making
process.
Policies:
• 1.1 Open meetings. Maintain the community’s trust by holding
meetings in which decisions are being made, that are open and
available for all community members to attend, participate, or view
remotely. Notice of the hearing was given to the business owner of
record on May 1, 2025 by US mail and e-mail. The City Council
conducted an open meeting for the applicant and the general
public alike.
Public Safety Element
Goal 5. High-quality police and fire protection services are provided to
residents and visitors.
• 5.8 Nuisance abatement. Encourage Police Department review of
uses which may be characterized historically by high levels of
nuisance (noise, nighttime patronage, and/or rates of criminal
activity), providing for conditions of control of use to prevent
adverse impacts on adjacent residences schools, religious facilities,
and similar “sensitive” uses.
Due to repeated violations of local and state laws, the Chief of Police has
recommended that the City Council consider revoking business license No.
01136416. Revoking this Business License is necessary to address ongoing
policing issues caused by the operation of the business and protect the
public health and safety.
SECTION 15. Based upon the foregoing findings, the City Council
hereby revokes Business License No. 01136416 pursuant to HBMC Section
5.04.260 and Section 5.04.270.
SECTION 16. Pursuant to the Code of Civil Procedure Section 1094.6,
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any legal challenge to the decision of the City Council must be made within
90 days after the final decision by the City Council.
PASSED, APPROVED, and ADOPTED on this 13th day of May 2025.
Mayor Rob Saemann
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
Myra Maravilla Todd Leishman
City Clerk Interim City Attorney
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State of California ) County of Los Angeles ) ss
) City of Hermosa Beach
May 22, 2025
Certification of Council Action
RESOLUTION NO. RES-25-7489
A RESOLUTION OF THE CITY COUNCIL OF HERMOSA BEACH,
CALIFORNIA, REVOKING BUSINESS LICENSE NO. 01136416 ISSUED TO
JUNG JUN LEE, DOING BUSINESS AS RAMEN AND SUSHIYA, INC.
LOCATED AT 1121 AVIATION BOULEVARD AND DETERMINING THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that
the above and foregoing Resolution No. RES-25-7489 was duly approved and
adopted by the City Council of said City at its special meeting thereof held
on the 13th day of May 2025, and passed by the following vote:
AYES:
NOES:
MAYOR SAEMANN, COUNCILMEMBERS JACKSON,
KEEGAN, AND FRANCOIS
NONE
ABSTAIN: NONE
ABSENT: MAYOR PRO TEMPORE DETOY
________________________________ Myra Maravilla
City Clerk
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