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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. 1 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 2 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) 3 Formatted: Font: Bold