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R-10065 RESOLUTION NO. 1006SCCCS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT TO COMMENT TO THE CALIFORNIA DEPARTMENT OF ALCOHOL BEVERAGE CONTROL ON THE TRANSFER OF EXISTING OFF-SALE ALCOHOL LICENSES WHEREAS, the Santa Monica Municipal Code, in Section 9.04.10.18.010, acknowledges that there is a known interrelationship between the availability of alcohol, the consumption of alcohol, and resulting community problems such as public drunkenness, drunk driving, traffic a.ccidents, violent crime, noise and nuisance; and WHEREAS, while the issuance of liquor licenses is the exclusive province of the State, local jurisdictions are permitted to regulate new alcohol outlets; and WHEREAS, in 1984 the City of Santa Monica found it necessary to require conditional use permits for new alcohol outlets and existing alcohol outlets that change the type of retail liquor license or have a substantial change in mode or character of operation and. if approved, condition the approval based upon the specific type of alcohol outlet. neighborhood location and potential adverse impacts; and WHEREAS, there are a number of existing legal, nonconforming alcohol outlets throughout the City that pre-date the requirement for conditional use permits and do not have specific conditions or requirements to mitigate adverse impacts on the community that are associated with their operations; and 1 WHEREAS, the alcohol licenses associated with these businesses may be transferred to new owners with the approval of the Department of Alcohol Beverage Control (ABC) but without City approval of a conditional use permit so long as the existing business was continuously operated, the new business is not changing the type of retail liquor license, and the new business will operate without substantially changing the mode or character of operation of the existing business; and WHEREAS, because no conditional use permit is required for the transfer of existing alcohol licenses to these new businesses, the City presently has no local review of the merits of the license transfer and cannot impose conditions on the license transfer; and WHEREAS, the State legislature acknowledged that the local jurisdictions should have the ability to provide meaningful comments on the transfer of off-sale alcohol licenses and in the 1999 Legislative Session, passed Assembly Bill AS 1092 which added Section 23800( e) to the Business and Professions Code to permit a "local governing body or its designated subordinate officer or agency" to request the imposition of conditions upon an existing off-sale liquor license by the ABC at the time of transfer; and WHEREAS, the ABC is required to either adopt the conditions as requested by the local jurisdiction if supported by substantial evidence or give written notice of its 2 determination that the problem is not supported by the evidence submitted or that the conditions would not mitigate the problems identified; and WHEREAS, the City desires to request certain conditions and make meaningful comment to the ABC on the transfer of existing off-sale alcohol licenses as appropriate to ensure that the ABC considers the potential impacts of a license transfer including, but not limited to, whether the premises has a history of law enforcement problems or has operated as a public nuisance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby authorize the Director of Planning and Community Development to, upon notification by the ABC of a request for a transfer of an off-sale (Type 20 or Type 21) alcohol license for a business located within the City of Santa Monica, provide comments on the transfer request and recommend conditions of approval on the transfer as necessary to ensure that detrimental impacts and objectionable conditions associated with the operation of the business are mitigated. SECTION 2. Prior to providing these comments and recommended conditions of approval to the ABC, the Director of Planning and Community Development shall seek information from the Police Department and Community and Cultural Services Department on issues related to the proposed off-sale alcohol license transfer and shall utilize such information in formulating comments and recommendations. 3 SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter, the same shall be in full force and effect. APPROVED AS TO FORM: J 4 Adopted and approved this 13th day of September, 2005. I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10065 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 13th day of September, 2005, by the following vote: Ayes: Council members: Mayor Pro Tem Katz, Bloom, Genser, Holbrook, McKeown, Shriver Noes: Council members: None Abstain: Council members: None Absent: Council members: Mayor O'Connor ATTEST: ~. ~~~,a-& Maria M. Stewart, City Clerk 5