HomeMy WebLinkAbout1995-04-04; City Council; Resolution 95-86v I! e e
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RESOLUTION NO. 95-86
A RESOLUTION OF THE CITY COUNCIL OF THE CIT CARLSBAD, CALIFORNIA, DELEGATING THE CITY'S AUTHORITY TO DETERMINE PUBLIC CONVENIENCE AI
NECESSITY FOR ALCOHOLIC BEVERAGE LICENSING TO THE POLICE DEPARTMENT
WHEREAS, the State Legislature in 1994, ena
Business and Professions Code section 23958.4, authorizing
City to determine whether an alcoholic beverage applica
meets public convenience and necessity notwithstandin
determination of an undue concentration of licenses, and
WHEREAS, the City Council may delegate the dutie
determination to a board, individual, or department; and
WHEREAS, the determination of whether an applica
meets public convenience and necessity is based on, among c
things, crime statistics and the ratio of licenses to populz
in the area.; and
WHEREAS, the City Council finds that the PC
Department has the ability and resources to determine incic
of crime and the effect of undue concentration of liquor si
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and/or bars.
NOW, THEREFORE, BE IT RESOLVED by the city counc
the City of Carlsbad, California, as follows:
1. That the above recitations are true and cor:
2. That the Police Department is authorize
determine whether an application for a alcoholic bev
license should be approved based on public conveniencc
necessity notwithstanding a determination that there is an
concentration of licenses. The Police Department shall pr
ABC and the Applicant with written Notice of Determinatio
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4. That the City Council will send Applicant 4
with the City Clerk within 10 days of mailing of notice. 3
determination to the City Council by filing a written a] 2
3. That Applicant may appeal the Police Departmc
Department of Alcoholic Beverage and Control Notice of the 5
6 Council final determination.
7 5. That Department of Alcoholic Beverage and Co:
8 will be bound by the City's decision in those cases autho:
9 by Business and Professions Code section 23958.4.
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4th day of APRIL , 1995, by the following vote, to 12
the City Council of the City of Carlsbad, California, on 11
PASSED, APPROVED, AND ADOPTED at a Regular Meeti
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AYES: Council Members Lewis, Nygaard, Kulchin, Finnila
NOES: None
ABSENT : None
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ATTEST:
21 ALETHA L. RAUTENKRANZ, City Cl$rk
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