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HomeMy WebLinkAbout2009-03-10; City Council; Resolution 2009-0411 2 3 4 5 6 WHEREAS, the owners of Mr. Peabody's Pub & Grill have applied to the g State of California Department of Alcohol Beverage Control ("ABC") to extend the 9 10 11 12 13 14 15 16 17 18 23 24 25 26 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 19 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 21 and after hearing all persons for and against the appeal and having received 22 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. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 Police Department is directed to return with a report and recommendation to 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. /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 III 24 III 25 III 26 III 27 III 28 ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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/ORRAlrtfc M. WOOD/fcity Clerk (SEAL) ^Ci