HomeMy WebLinkAbout2003-08-05; City Council; Resolution 2003-207RESOLUTION 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
;ection 23958.4, authorizing the City of Carlsbad (“the City”) to determine whether the
ssuance of alcoholic beverage license for premises within the City would serve the public
:onvenience or necessity; and
WHEREAS, the City Council may delegate this duty to a subordinate officer or body;
md
WHEREAS, on April 4, 1995, the City Council enacted Resolution No. 95-86
lelegating this duty to the Police Department; and
WHEREAS, the State Legislature in 1997, amended Business and Professions Code
iection 23803, allowing the City to comment on any application to modify or remove a
:ondition 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
1s follows:
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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
wsuant to Business and Professions Code section 23958.4, section 23803, or any other
ubsequently enacted or amended statute permitting the City to comment on these matters.
3. That any determinations made or comments submitted by the Police Departmenl
n-ior 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
Zontrol and the license applicant with written notice of its determination and/or comments.
5. The license applicant may appeal the Police Department’s determination and/or
: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
2f the City of Carlsbad, on the 5th day of AUG. ,2003, by the following vote:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard n
NOES: None
ABSENT: None
ATTEST:
LORRAINE M. Wm, City Cler
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