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R-6926 . . 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 . . 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 2 . . 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. 3 . . 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 4 . . 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 -