CC - Item III.C - Sheriff's And Planning Department To request The State Department Of Alcoholic Beverage Control1� I
staf f epor
TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER 54r-
DATE: OCTOBER 3, 2000
SUBJECT: RESOLUTION NO. 2000 -52 —A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ROSEMEAD AUTHORIZING THE
SHERIFF'S DEPARMENT AND PLANNING DEPARTMENT TO
REQUEST THE STATE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL TO IMPOSE CONDITIONS ON THE
PROPOSED TRANSFER OF ALCOHOLIC BEVERAGE
LICENSES
BACKGROUND
During its 1999 session, the state legislature amended the Business and Professions Code.
These new amendments pen cities to request that the Bureau of Alcoholic Beverage
Control (ABC) impose conditions on alcohol license transfers that would mitigate any
reported problems at or in the vicinity where that business is located. A copy of ABC's
letter detailing the provisions is attached (Exhibit B).
The legislation does require that the City request those conditions it believes should be
imposed when it receives notice of the application, and it also requires the Council to
designate what offices in the organization may be delegated authority by Council to
recommend conditions to ABC. Although ABC is not required to accept City -
recommended conditions, it must, make specific findings if it chooses not to accept them.
In order to comply with this legislation, the City Attorney has drafted the attached
resolution allowing the Planning and Sheriff Departments to recommend conditions. The
City Attorney, Planning and Sheriff Departments recommend Council approval of the
resolution.
RECOMMENDATION
Staff recommends that the City Council approve Resolution No. 2000 -52.
.Attachments:
Exhibit A; Resolution
Exhibit B; ABC Notice
Exhibit C: Text of Law
COUNCIL F E nt' P'* - q
Pe�4'r k'.�
OCT 1 2000
EFA N3. l am.
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RESOLUTION NO. 2000 -52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD AUTHORIZING THE SHERIFF'S
DEPARMENT AND PLANNING DEPARTMENT TO
REQUEST THE STATE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL TO IMPOSE CONDITIONS ON THE
PROPOSED TRANSFER OF ALCOHOLIC BEVERAGE
LICENSES
The city council of the City of Rosemead HEREBY RESOLVES as follows:
Section 1. Pursuant to the authority of Section §23800 (e) of the Business
and Professions Code, the City Council of the City of Rosemead hereby delegates the
duty to submit evidence of existing problems with alcoholic beverage control licenses
and proposed remedial conditions to the following City agencies:
Los Angeles County Sheriff's Department
City of Rosemead Planning Department
Section 2. The city clerk shall certify to the adoption of this resolution
and shall forward a copy to the Department of Alcoholic Beverage Control.
APPROVED this 10`'' day of October, 2000, by vote of the city council at
Rosemead, California.
MARGARET CLARK, Mayor
ATTEST:,
NANCY VALDERRAMA, Cit.) Clerk
STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, Govemor
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
3810 Rosin Court, Suite 150 a,
Sacramento, CA 95834`x! + -
(916) 263 -6900
C 7 ..
August 25, 2000
AUG u 8
To: County Board of Supervisors
City Councils
Mayors
Tlaring tho 1999 T Pgislative Session an amendment was made to the Business and
Professions Code relating to alcoholic beverage licensing which affects the local
governing bodies of cities and counties. V
Section 23800(e) was added 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 be placed upon a license at the time of transfer which would mitigate
problems at or in the immediate vicinity of the.premises. The Department is required to
either adopt the conditions as requested if supported by substantial evidence or give
written notice of "its determination that there is not substantial evidence that the problem
exists or that the conditions would not mitigate the problems identified." A buyer of a
business dissatisfied with conditions could always back out of the transfer allowing the
existing ownership to continue operation without the proposed conditions. A copy of
the Chaptered Assembly bill creating Section 23800(e) is enclosed.
A request for conditions must be received by the Department within 30 days of the
filing of a transfer application which may be extended for an additional 20 days upon.
written request to the Department. A request for conditions must include "substantial
evidence" documenting existing problems with the premises or in the.immediate vicinity of
the premises and specific proposed conditions intended to mitigate the problems. The
Department's authority in these circumstances is to either adopt or reject the conditions in
their entirety so it is important to address and limit conditions to those which wiii
specifically mitigate identified problems.
The Department is asking that all evidence of problems and requested conditions be
in writing and submitted to the local office of the Department.
As the local governing body you may elect to delegate the duties of submitting
evidence of existing problems and requested conditions to a subordinate agency or
official such as a zoning, planning, or law enforcement agency or official if desired. If this
is your decision, please submit a written notice of such delegation to the Department's
Headquarters address within 45 days of the date of this notice. If such a delegation is not
made within that period we will assume that the local governing body will be making
these determinations. Obviously, you may make, amend or rescind such delegations later
if that is your wish.
Section 23800(e)
August 25, 2000
Page 2
Please send all notifications of delegation of these duties to:
Department of Alcoholic Beverage Control
Office of the Director
3810 Rosin Court. Suite 150
Sacramento, CA 95834
We appreciate your cooperation in these matters and we feel that the changes in the
law as outlined above will serve to give local officials the ability to better deal with
alcoholic beverage licensing issues.
Sincerely,
Manuel R. Espinoza
Interim Director
Assembly Bill No. 1092 .
An act to amend Sections 23800 and 23805 of the Business and
Professions Code, relating to alcoholic beverages.
[Approved by Governor September 27, 1999. Filed
with Secretary of State September 27, 1999.]
LEGISLATIVE COUNSErS DIGEST
AB 1092, Lowenthal. Alcoholic beverages: licenses.
Under existing law, the Department of Alcoholic Beverage Control
is authorized to place reasonable restrictions upon retail licensees or
any licensee in the exercise of retail privileges in various situations.
This bill would also permit the department to place reasonable
restrictions on these licensees if the department adopts conditions
requested by a local governing body.
The people of the State of California do enact as follows.
SECTION 1. Section 23800 of the Business and Professions Code
is amended to read:
23800. The department may place reasonable conditions upon
retail licensees or upon any licensee in the exercise of retail privileges
in the following situations:
(a) If grounds exist for the denial of an application for a license or
where a protest against the issuance of a license is filed and if the
department finds that those grounds may be removed by the
imposition of those conditions.
(b) Where findings are made by the department which would
justify a suspension or revocation . of a license, and where the
imposition of a conditidn is reasonably related to *_hose fu.a r gs. In the
case of a suspension, the conditions may be in lieu of or in addition
to the suspension.
(c) Where the department issues an order suspending or revoking
only a portion of the privileges to be exercised under the license.
(d) Where findings are made by the department that the licensee
has failed to correct objectionable conditions within a reasonable
time after receipt of notice to make corrections given pursuant to
subdivision (e) of Section 24200.
(e) Upon notice to the licensee from the department adopting
conditions requested by the local governing body, or its designated
subordinate officer or agency, in whose jurisdiction the license is
located. The request for conditions shall be supported by substantial
evidence that the problems either on the premises or in the
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Ch. 499 —2—
immediate vicinity identified by the local governing body or its
designated subordinate officer or agency will be mitigated by the.
conditions. Upon receipt of the request for conditions, the
department shall either adopt the conditions requested or notify the
local governing body, or its designated subordinate officer or agency,
in writing of its determination that there is not substantial evidence
that the problem exists or that the conditions would not mitigate the
problems identified. The department may adopt conditions
requested, pursuant to this paragraph only when the request is filed
within the time authorized for a local law enforcement agency to file .
a protest or proposed conditions pursuant to Section 23987.
SEC. 2. Section 23805 of the Business and Professions Code is
amended to read:
23805. The pros - - - -! rgs specWed in Sew cn '3800(a), (b), (c),
(d), and (e) shall be conducted in the same manner as is required for
other proceedings involving .petitions; .protests or accusations, and
the right of a respondent in the proceedings 'to appeal shall include .
the right to appeal from an order imposing conditions upon the
licenses involved in the proceedings. If the department gives notice
of conditions pursuant to subdivision (e) of Section 23800 or denies
a petition filed under Section 23803, the licensee or transferee may,
within 10 days after the mailing of the denial, make a written request
for a hearing., The proceedings at the hearing .shall be conducted as
provided in Section 24300, and the respondent shall have the same
rights of appeal therefrom as in disciplinary actions.
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