HomeMy WebLinkAbout5799_CCv0001.pdf RESOLUTION NO. 5799
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
DESIGNATING THE PLANNING COMMISSION AS THE SUBORDINATE
AGENCY FOR THE PURPOSE OF RECOMMENDING ALCOHOLIC
BEVERAGING LICENSING CONDITIONS PURSUANT TO BUSINESS AND
PROFESSIONS CODE SECTION 23800 (e)
WHEREAS, during the 1999 State Legislative session, the State Legislature amended the
Business and Professions Code provisions relating to alcoholic beveraging licensing which affects
local governing bodies; and
WHEREAS,newly adopted Business and Profession Code section 23800(e)permits a"local
governing body, or its designated subordinate officer or agency" to request the imposition of
conditions upon an alcohol beverage sales license at the time of transfer to mitigate problems at, or
in the immediate vicinity of, the premises requesting the license; and
WHEREAS, the Department of Alcoholic Beverage Control is required to either adopt the
conditions as requested by the local agency, or give written notice that the Department has
determined that there is not substantial evidence that probleilis exist or that the proposed conditions
would not mitigate the problems identified; and
WHEREAS, the Department of Alcoholic Beverage Control has notified cities that if a City
Council wishes to delegate the duties of submitting evidence of existing problems and requesting
conditions to a subordinate agency or official, such as a zoning, planning, or law enforcement
agency or official if desired, this decision must be made by the City Council and submitted in
writing to the Department's headquarters; and
WHEREAS, if the City Council does not delegate such authority the City Council will be
deemed by the Department of Alcoholics Beverage Control as the governing body which will be
making the determinations pursuant to Business and Professions Code 23800(e); and
WHEREAS, it is the desire of this City Council to delegate the authority to the Planning
Commission to respond to matters within the purview of Business and Professions Code section
23800(e);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
REDLANDS AS FOLLOWS:
Section 1. The City Council of the City of Redlands hereby designates the Redlands
Planning Commission as the "subordinate officer or agency" to identify potential problems
associated with the transfer of alcohol beverage sales licenses and make requests to the Department
ofAlcoholic Beverage Control to impose conditions upon the license to mitigate problems identified
1Adjm\Reso15799.wpd I
by the Planning Commission that exist at, or in the immediate vicinity, of the premises which is
seeking the transfer of the license.
Section 2. When considering proposed transfers of licenses pursuant to Business and
Professions Code 23800(e), the Planning Commission shall review the request and suggest the
imposition of conditions if substantial evidence in the record demonstrates that there are problems
affecting the public health, safety or welfare either on the premises, or in the immediate vicinity of
the premises, which would be mitigated by the requested conditions.
ADOPTED, SIGNED AND APPROVED this 3rd day of October, 2000.
Mayor of the City of Redlands
ATTEST:
City lerk
I, Lorne Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 3rd day
of October, 2000 by the following vote:
AYES: Councilmembers George, Freedman, Peppler, Haws; Mayor Gilbreath
NOES: None
ABSTAIN: None
ABSENT: None
C-c-,
Lorrioyzer, Ci k -
L•ldjmlResot5799.wpd 2