HomeMy WebLinkAbout2003-08-05; City Council; 17261; Delegation of Authority for the Police DepartmentAB# 17,261
MTG. 8-5-03
DEPT. POL
CITY OF CARLSBAD -AGENDA BILL D
TITLE:
DELEGATION OF AUTHORITY FOR THE POLICE
DEPARTMENT TO MAKE DETERMINATIONS AND
SUBMIT COMMENTS ON ALCOHOL BEVERAGE
LICENSING MATTERS
DEPT. HD.
CITY ATTY.
RECOMMENDED ACTION:
Adopt Resolution No. delegating authority to the Police Department to make
determinations and submit comments on behalf of the City to the Department of Alcohol
Beverage Control on alcohol beverage licensing matters.
2003-207
ITEM EXPLANATION:
In 1995, the State legislature empowered the City Council to make determinations on
whether an application for alcohol beverage license for premises within the City served the
public convenience or necessity. Through Resolution 95-86, the City Council delegated this
duty to the Police Department, subject to the right to appeal to the City Council.
In 1997, the State legislature empowered the City to comment on an application to modify
or remove conditions on an existing alcohol beverage license for premises within the City.
Just as with issuing an alcohol beverage license, the primary concern in modifying an
alcohol beverage license is the potential effect on crime in the area. The Police Department
possesses the appropriate expertise to assess and comment on this concern.
Consequently, City staff is recommending that this duty also be delegated to the Police
Department and also be subject to the right to appeal to the City Council.
FISCAL IMPACT:
No fiscal impact is anticipated as a result of the proposed action.
EXHIBITS :
1. Resolution No. 2003-207
DEPARTMENT CONTACT: Dale Stockton, Police Captain (760) 931 -21 31
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RESOLUTION NO. 2003-207
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DELEGATING AUTHORITY TO THE POLICE DEPARTMENT TO MAKE DETERMINATIONS AND SUBMIT COMMENTS ON BEHALF OF THE CITY OF CARLSBAD TO THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL ON ALCOHOL BEVERAGE LICENSING MATTERS
WHEREAS, the State Legislature in 1994, enacted Business and Professions Code
section 23958.4, authorizing the City of Carlsbad (“the City”) to determine whether the
issuance of alcoholic beverage license for premises within the City would serve the public
convenience or necessity; and
WHEREAS, the City Council may delegate this duty to a subordinate officer or body;
and
WHEREAS, on April 4, 1995, the City Council enacted Resolution No. 95-86
delegating this duty to the Police Department; and
WHEREAS, the State Legislature in 1997, amended Business and Professions Code
section 23803, allowing the City to comment on any application to modify or remove a
zondition on an existing alcoholic beverage license for premises within the City; and
WHEREAS, the City Council desires to delegate this duty to the Police Department as
well.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
9s follows:
1.
2.
That the above recitations are true and correct.
That the Police Department is authorized to make determinations and submit
:omments on behalf of the City of Carlsbad to the Department of Alcohol Beverage Control on
ilcohol beverage licensing matters. This authority applies whether the comments are submittec
Dursuant to Business and Professions Code section 23958.4, section 23803, or any other
subsequently enacted or amended statute permitting the City to comment on these matters.
3. That any determinations made or comments submitted by the Police Departmen,
xior to the adoption of this Resolution are hereby ratified,
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4. That the Police Department shall provide the Department of Alcohol Beverage
Control and the license applicant with written notice of its determination andor comments.
5. The license applicant may appeal the Police Department’s determination andor
:omments to the City Council by filing a written appeal with the City Clerk within ten (10)
:alendar days of mailing of the notice.
6. The decision of the City Council will be final and will be binding on the
Department of Alcohol Beverage Control to the extent permitted by law.
PASSED, APPROVED, AND ADOPTED at the Regular Meeting of the City Council
3f the City of Carlsbad, on the 5th day of AUG. ,2003, by the following vote:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
4’lTEST:
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