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HomeMy WebLinkAbout1990-06-26 - AGENDA REPORTS - SB 2846 SUPPORT OFF-SALE LIQ (2)• AGENDA REPORT City Manager Approval Item to be presented by: CONSENT CALENDAR Ken Pulskamo DATE: June 26, 1990 SUBJECT: SB 2846 (Rus9tk4, - Support DEPARTMENT: City BACKGROUND This item is on the agenda to request the City's support for SB 2846. As amended SB 2846 will be concerned with placing conditions upon off -sale liquor licenses at the time of their renewal. Current law allows the Department of Alcohol Beverage Control (ABC) to impose reasonable condition upon off -sale licenses if these conditions are based upon the ABC's finding and would justify a suspension or revocation of the license. SB 2846 would enhance the current law by allowing the ABC to impose reasonable conditions on any off -sale liquor license at the time of license renewal. The bill includes the. grounds which could be considered reasonable conditions and it would specify additional procedures for imposing the conditions of renewal as well. Under SB 2846 cities and counties could file a written accusation against off -sale licensees with the ABC thereby requiring a formal hearing of the license at renewal. The licensee will, however, have the right to request that the ABC remove imposed conditions once areas of concern are no longer valid. This bill will allow greater oversite power and alternatives. with regards to abuses of off -sale liquor license operator. RECOMMENDATION That the City Council support SB 2846 and authorize staff to, prepare letters of support. ATTACHMENTS SB 2846 AgeWalfem:, 7 SENATE BILL , • No. 2846 C . Introduced by Senator Russell 11 C March' 2, 1990 1 An act to amend Sections 24201 of, and to add Sections 23817.1, and 24013.3 to, the relating to alcoholic bevera� 23818, 23985.5, 24013, and 1, 23800.2, 23800.3, 23800.4, ass and Professions Code, LEGISLATIVEL\SEC'S DIGEST SB 2846, as introduced,Itussell. Alcoholic beverages: off -sale beer and wine licenses: protests: conditions. (1) Under existing law, the number of premises for which an off -sale general license may be issued is limited to one for each 2,500, or fraction thereo� of inhabitants of the county in which the premises are situated. This bill would also limit the number of premises for which C an off -sale beer and wine license is issued to one for each 2,500, or fraction thereof, of inhabitants of the county in which the premises are situated. (2) Under existing law, the applicant for any on -sale or off -sale license, is required to mail notification of the application to every resident of real property within a 500 -foot radius of the .premises for which the license is to be issued. This bill would require notification of the application to be mailed to every resident and owner of record of real property ` within a 1,000 -foot radius of the premises for which the license is to be issued. j (3) Existing law permits protests to be filed at any office of the Department of Alcoholic Beverage Control at any time within 30 days from the 1st. date of posting the notice of intention to engage in the sale of alcoholic beverages at the premises. This bill would permit protests to be filed with the department within 30 days from the date that notification is 99 50 • SB 2846 —2— sent 2— sent by mail to every resident and owner of record of real property located within a 1,000 -foot radius of the premises, whichever date is later. j (4) Existing law prohibits the issuance of a retail license for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to a valid zoning ordinance of any county or city. Existing regulations of the Department of Alcoholic Beverage Control additionally prohibit the original issuance of a retail license or the premises -to -premises transfer of a retail license for premises located within 100 feet of a residence, or where the parking lot operated in conjunction with the premises is located within 100 feet of a residence, except under specified circumstances. This bill would prohibit the original issuance of an off -sale beer and wine license or the premises -to -premises transfer of an off -sale beer and wine license if a protest has been filed by any resident or owner of record of real property located within a 1,000 -foot radius of the premises for which the license is to be issued, or a protest has been filed by any resident or owner of record of real property located within a 1,000 -foot radius of the parking lot or parking area which is maintained for the benefit of patrons of the premises, or operated in conjunction with the premises, except under specified circumstances. (5) Under existing law, the department may place reasonable conditions upon retail licensees where, among other circumstances, findings are made by the department that would justify a suspension or revocation of a license, and where the imposition of the condition is reasonably related to those findings. This bill would permit the department to impose conditions on off -sale beer and wine licensees at the time of renewal. The bill would specify the procedures to be followed in placing conditions on these licensees, and the grounds therefor. (6) Under existing law accusations against any on -sale or off -sale licensee may be filed with the Department of Alcoholic Beverage Control by the legislative body, or chief of police; of any city in which the premises in question are located, or if the premises are in unincorporated territory, m 0 0 —3— SB 2846 then by the board of supervisors, or the sheriff, of the county, requesting the suspension or revocation of any retail license. Under existing law, upon the filing of the accusation, the department is required to provide for a public hearing, which must be held within 60 days after the filing of the accusation with the department whenever the local legislative body, the chief of police, or the sheriff, Tertifies that the public safety, health, or welfare requires 'an immediate hearing' of the accusation. This bill would require a hearing to be held at the time of the renewal of an off -sale beer and wine license if a local legislative body has filed a written accusation with the department during the year: preceding the renewal of the license. 1 Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no.