R-6926
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OA:RMM:J321revo
City Council Meeting 10-9-84 Santa MonIca, California
RESOLUTION NUMBER 6926(CCS)
(Clty Council SerIes)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA REQUESTING REVOCATION OF THE
321 CLUB'S LIQUOR LICENSE BY THE DEPARTMENT
OF ALCOHOLIC BEVERAGE CONTROL
WHEREAS, the 321 Club operates pursuant to a Type 57
On-Sale General llcense issued by the California Department of
Alcoholic Beverage Control (ABC); and
WHEREAS, the use of a Type 57 On-Sale General license
limits the sale of alcoholic beverages by a club wlth a
bona-fide
membership
to actual club members and their
bona-flde guests; and
WHEREAS, a Type 57 On-Sale General license is not
intended for use by a business which caters to the general
public; and
WHEREAS, the 321 Club operates as a public premIses
inviting the general public to its location; and
WHEREAS, the 321 Club speclflca1ly :nvites minors into a
premises where alcoholic beverages are dlspensed and consumed;
and
WHEREAS, the 321 Club has had its liquor llcense
suspended by the ABC on three separate occasions since March,
1981; and
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WHEREAS, the 321 Club paid $6000 as a Payment ln Offer
of Compromise for an incident occurrlng on November 21, 1983
wherein the ABC charged the club wlth selling alcohol to
mlnOrSj and
WHEREAS, the 321 Club has been the focus of complaints
from nelghboring businesses and residents regarding the 321
Club's operatlon and its adverse impact upon the adjoining
neighborhood, including but not limlted to excessive noise,
vandalism, minors in possession of alcohol, burglaries and
assaultsj and
WHEREAS, the 321 Club and the vlcinlty of the 321 Club
has been and continues to be the slte of numerous crlmeSj and
WHEREAS, the 321 Club has caused a dlsproportlonate use
of police resources in response to the unusually high number
of lncidents in the area of the 321 Clubj and
WHEREAS, the City Attorney, ln November, 1983, had
notlfied the 321 Club, through ltS attorney, of the City'S
concern with the problems created by the 321 Clubj and
WHEREAS, the condltlons at and around the 321 Club have
not improved Since November, 1983; and
WHEREAS, the California BUSlness and ProfeSSions Code
provldes that an ABC license may be revoked or suspended when
the continuance of the license would be contrary to public
welfare or moralsj and
WHEREAS, the BUSlness and Professlons Code provides for
the revocation or suspension of an ABC license upon the
lIcensee's
violation of ABC rules or regulations or of any
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Penal Code sections relating to the sale or consumption of
alcohollc beverages; and
WHEREAS, the Business and Professlons Code provides that
an ABC llcense may be reVOKed or suspended if objectlonable
condltlons constituting a nuisance are not corrected within a
reasonable time after the Clty Attorney has requested such
corrections be made; and
WHEREAS, the Business and Professions Code requires the
ABC to hold publlc hearings upon the accusation of a local
legislative body that a licensee is belleved to be In
vlolation of the terms of ltS license; and
WHEREAS, publlC hearings shall be held wlthln 60 days
if a legislatlve body certifies the publlC safety or welfare
requires an immediate hearing of the accusat:ons against the
licensee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
The Clty Councll flnds the 321 Club's
continued operatlon lS In vlolation of its ABC license and
hereby certifles that the publlC safety, health and welfare
requires an immedlate hearlng by the ABC of the accusations
ralsed in thlS Resolution.
SECTION 2.
The Mayor shall transmit to the ABC a
certlfied copy of this Resolutlon accompanied by the letter
accompanYing this Resolutlon.
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SECTION 3_ The Clty 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:
r~... w. ~~_
t "
Robert M. Myers
City Attorney
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Adopted and approved th1s 9th day of October, 1984.
Q~~
Mayor' -
I hereby certify that the forego1ng Resolution No. 6926CCCS)
was duly adopted by the C1ty Council of the City of Santa Mon1ca
at a meet1ng thereof held on October 9, 1984 by the follow1ng
Council vote:
Ayes: Councilmembers: Conn, Epste1n, Jennings, Press,
Reed, Zane and Mayor Edwards
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Ceuncilmembers: None
ATTEST:
~7lJ~
Ci ty Clerk -