SR-400-004-02 (10)
Council Meeting: September 13, 2005 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Resolution Authorizing the Director of Planning and Community
Development to Recommend to the Alcohol Beverage Control Department
of the State of California Conditions on the Transfer of Existing Alcohol
Licenses
INTRODUCTION
This report recommends that the City Council adopt the accompanying resolution to
authorize the Director of Planning and Community Development to comment on and
recommend conditions be considered on the transfer of alcohol licenses by the Alcohol
Beverage Control (ABC) Department of the State of California for retail businesses. The
proposed Resolution is included as Attachment A.
BACKGROUND
The City’s Zoning Ordinance requires conditional use permits (CUPs) for new alcohol
serving or selling businesses and for alcohol selling or serving businesses that are
expanding, intensifying or changing the character of their operations. These conditional
use permits are required prior to the issuance of an alcohol license by the ABC.
Consistent with State law, a CUP is not required for the ownership transfer of an
alcohol license except where the premises does not retain the same type of retail liquor
license within a license classification or the premises has not been operating
consistently without a substantial change in the mode or character of operation.
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Local governments may provide input to the ABC during its review of license transfer
requests. Business and Professions Code Section 23800(e) permits a “local governing
body or its designated subordinate officer or agency” to request the imposition of
conditions upon transfer. The ABC is required to either adopt the conditions as
requested if supported by substantial evidence or give written notice of its determination
that the requested conditions are not supported by the evidence submitted or would not
mitigate the problems identified. The City has thirty days to make a request for
conditions from the date of application. The City may also request one twenty day
extension via written request so long as the extension is to process and prepare a
protest document to the application.
ANALYSIS
There are a number of 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. Although the City may not be able to impose conditions on such a
business operation through a CUP if ownership transfers, Business and Professions
Code Section 23800(e) requires the ABC to consider recommendations and input from
the City. Staff proposes through the attached Resolution that the Director of Planning
and Community Development consult with the Police Department, Community and
Cultural Services Department, the City Attorney’s office, and City Manager’s office and
be authorized to review and comment on these license transfers on behalf of the City.
This process will ensure that timely local input will be included when the ABC considers
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the merits of a license transfer, including whether the premises has a history of law
enforcement problems or has operated as a public nuisance.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the Council adopt the Resolution contained in Attachment A.
Prepared by: Andy Agle, Interim Director
Amanda Schachter, Planning Manager
Paul Foley, Senior Planner
City Planning Division
Planning and Community Development Department
Attachment: Resolution
Deleted:
¶
See Adopted Resolution No. 10065 (CCS)
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