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
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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
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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.
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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:
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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:
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Maria M. Stewart, City Clerk
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