HomeMy WebLinkAbout2009-03-10; City Council; 19733; Granting Mr Peabodys appealCITY OF CARLSBAD - AGENDA BILL
AB# 19.733
MTG. 03/10/09
DEPT. CA
CONDITIONALLY GRANTING THE APPEAL
BY MR. PEABODY'S PUB & GRILL AND
RETURNING APPELLANT'S APPEAL FEES
DEPT. HEAD
CITY ATTY. 4^
CITYMGR. (//—
RECOMMENDED ACTION:
Adopt Resolution No. 2009-041 conditionally granting the appeal of Briana Cardosa,
managing member of Mr. Peabody's LLC, to extend the hours of liquor service from 12:00
midnight to 2:00 a.m. at Mr. Peabody's Pub & Grill.
ITEM EXPLANATION:
The City Council held an appeal meeting on February 10, 2009 and after due deliberations
directed the City Attorney to return with documents conditionally granting Appellant's appeal (3-
1(Packard)-1 Hall disqualified)) to extend liquor service from 12:00 midnight to 2:00 a.m. at Mr.
Peabody's Pub & Grill with the condition that the history of the performance and operations
under the extended hours be revisited within two years of the date of the Resolution and that
the Police Department is directed to return a report and recommendation to the City Council for
its consideration.
FISCAL IMPACT:
The granting of the appeal should have a positive economic impact from sales tax on additional
liquor sales for undetermined amount. Extending the hours of liquor sales could also result in
greater police resources being expended in this area.
ENVIRONMENTAL IMPACT:
This action does not constitute a project as defined under CEQA (California Environmental
Quality Act) pursuant to CEQA regulation 15060(c)(3).
EXHIBITS:
Resolution No.2009-041
DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891 rball@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
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WHEREAS, the owners of Mr. Peabody's Pub & Grill have applied to the
State of California Department of Alcohol Beverage Control ("ABC") to extend the
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RESOLUTION NO. 2009-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA CONDITIONALLY
GRANTING THE APPEAL OF THE RECOMMENDATION
BY THE CARLSBAD POLICE DEPARTMENT TO DENY
AN AMENDMENT TO THE LIQUOR LICENSE FOR MR.
PEABODY'S PUB & GRILL TO EXTEND THE HOURS OF
LIQUOR SERVICE.
hours of liquor service in its establishment from 12:00 midnight to 2:00 a.m.; and
WHEREAS, pursuant to Resolution No. 2003-207 the Carlsbad Police
Department has been delegated authority to comment on applications to modify
or remove conditions on existing alcohol beverage licenses for premises within the
City; and
WHEREAS, the Carlsbad Police Department has reviewed the requested
amendment on behalf of the City and has recommended to the ABC that the
request to extend the hours of liquor service be denied "on the grounds it will
aggravate existing law enforcement problems"; and
WHEREAS, Mr. Peabody's Pub & Grill filed a timely appeal of that
1Q recommendation to the City Council by its letter of December 5, 2008; and
20 WHEREAS, the Council held an appeal at its meeting of February 10, 2009
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and after hearing all persons for and against the appeal and having received
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documents and evidence regarding the appeal and after due deliberations, it is
determined to conditionally grant the appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
27 1. That the above recitations are true and correct.
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Police Department is directed to return with a report and recommendation to the4
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2. That the appeal of Mr. Peabody's Pub & Grill is conditionally granted
on the condition that the history of the performance and operations under the
extended hours be reviewed within two years of the date of this Resolution and the
Council for its consideration and which may be submitted to the State Department
of Alcohol Beverage Control.
3. That the hours of operation of Mr. Peabody's Pub & Grill be
recommended to be extended from 12:00 midnight to 2:00 a.m.
4. That the appellant's fees be refunded.
5. The City Clerk is directed to advise the Department of Alcohol
Beverage Control (ABC) of the conditional grant of this appeal.
6. That the City Council action is referred back to the ABC pursuant to
section 23958 of the Business and Professions Code.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of March, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin and Blackburn.
NOES: Council Member Packard.
ABSENT: Council Member Hall.
ATTEST:
L/ORRAlflE M. WOOD/fcity Clerk
(SEAL) ^ O
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