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Home My WebLink AboutAGENDA REPORT 1995 0405 CC REG ITEM 08G_ i__g•� IT 1 "DORP.AW, CALiF�;;,. City of Xoorpark `71tyCo 11 eett'g Agenda Report TION- TO: The Honorable City Council FROM: Richard Hare, Deputy City Man�ge DATE: March 24, 1995 (CC Mtg. 4/5/95) SUBJECT: Consider Adoption of Resolution 95- , Delegating the Responsibility for RevieM of Alcoholic Beverage Sales Licenses to the Director of Community Development. During the 1994 Legislative Session amendments and additions were made to certain provisions of the Business and Professions Code relating to alcoholic beverage licensing which affect the local governing bodies of cities and counties. Pursuant to the Business and Professions Code Section 23958.4 (b) (2), the local governing body will make a determination as to the satisfaction of a public convenience or necessity in the case of all off -sale beer and wine licensing, off -sale general licenses, and all other on -sale licensing. The Alcoholic Beverage Control is bound by that determination. In effect, the local governing body has decision making authority over the application approvals for liquor stores. The City Council may elect to delegate the duties of determining whether or not public convenience and necessity are met. The attached resolution delegates this responsibility to the Community Development Director. The resolution allows the Director to establish the administrative procedures for the review. Although staff has considered the appeal of a negative finding to the City Council, such appeal is not recommended and not included in the resolution. Staff recommends that the City Council delegate the responsibility to the Community Development Director by passage of Resolution 95- C: \WPDOCS \CC.REP \ABEVERAG.WPD 00047 RESOLUTION NO 95- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DELEGATING ALCOHOL AND BEVERAGE RETAIL LICENSE REVIEW TO THE DIRECTOR OF COMMUNITY DEVELOPMENT. WHEREAS, Section 23958.4 (b) (2) of the Business and Professions Code governs the determination by the local governing body of public convenience and necessity met by certain applicants for an Alcoholic Beverage Sales License; and, WHEREAS, the local governing body is allowed by state law to delegate responsibility for the determination to another agency; and, WHEREAS, the Director of Community Development has related responsibilities in the review of businesses in the community; NOW THEREFORE, THE CITY COUNCIL OF THE CITY MOORPARK DOES HEREBY ORDER, DIRECT, AND DECLARE AS FOLLOWS: SECTION 1. The Director of Community Development (Director) is delegated the responsibility for reviewing applications for the sale of alcoholic beverages in the City. SECTION 2. The Director shall distribute the applications to the Police Department, City Clerk, Deputy City Manager and City Manager, and consider their comments before making a determination on the application. SECTION 3. The Director may establish such procedures as are necessary to comply with the responsibilities delegated by this resolution consistent with applicable provisions of state law. SECTION 4. The Director's determination shall be provided in writing to the Department of Alcoholic Beverage Control. APPROVED AND ADOPTED this fifth day of April, 1995. ATTEST: Lillian E. Hare, City Clerk Paul W. Lawrason Jr., Mayor C:WPDOCS \RESOLDTI \BEV.RES 00048 Assembly Bill No. 2897 CHAPTER 630 An act to amend Section 23958 of, and to add Section 23958.4 to, the Business and Professions Code, relating to alcoholic beverages. [Approved by Governor September 19, 1994. Filed with Secretary of State September 20, 1994.1 LEGISLATIVE COUNSELS DIGEST AB 2897, Caldera. Alcoholic beverages: retail licenses: undue concentration. Existing law provides that the Department of Alcoholic Beverage Control may deny an application for a license if the issuance would, among other things, result in or add to an undue concentration of licenses, and the applicant fails to show that public convenience or necessity would be served by the issuance. Existing regulatory law defines "undue concentration" with regard to applications for on -sale and off -sale retail licenses. This bill would instead require the Department of Alcoholic Beverage Control to deny an application if issuance would tend to create a law enforcement problem, or would result in or add to an undue concentration of licenses. The bill would change the definition of undue concentration, and would provide that, notwithstanding the requirement that the department deny an application that would result in or add to an undue concentration of licenses, a license may be issued with respect to a nonretail license, a retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance, and with respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be serv&J by the issuance. The people of the State of California do cnact as follows.• SECTION 1. Section 23958 of the Business and Professions Code is amended to read: 23958. Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The detartment shall deny an 00049 94 110 Ch. 630 —2—. application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. SEC. 2. Section 23958.4 is added to the Business and Professions Code, to read: 23958.4. (a) For purposes of Section 23958, "undue concentration" means the applicant premises for an original or premises -to- premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c), than the average number of reported crimes as determined from ail crime reporting districts within the jurisdiction of the local law enforcement agency. (2) As to on -sale retail license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on -sale retail licenses to population in the county in which the applicant premises are located. (3) As to off -sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off -sale retail licenses to population in the count} in which the applicant premises are located. (b) Notwithstanding Section 23958, the department may issue a license as follows: (1) With respect to a nonretail license, it retail on -sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located determines that public convenience or necessity would be served by the issuance. (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county), that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes rind irrests. 94 140 00650 -3-- Ch. 63o (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual Population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off -sale retail licenses: Type 20 (off -sale beer and wine) and Type 21 (off -sale general) . (B) On -sale retail licenses: All retail on -sale licenses, except Type 43 (on -sale beer and wine for train), Type 44 (on -sale beer and wine for fishing party boat), Type 45 (ron -sale beer and wine for boat), Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale or for train and sleeping car), Type 54 (on -sale general for boat), Type 55 (on -sale general for airplane), Type 56 (on -sale general for vessels of more than 1,000 tons burden) , and Type 62 (on -sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement) . (6) A "premises to premises transfer' refers to each license being separate and distinct and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises. (f) This section shall not apply where the premises have been licensed and operated with the same type license within 90 days of the application. C 94 160 00051