ABC LICENSING IMPOSITION OF ADDITIONAL CONDITIONS ON EXISTING BUSINESSES WHEN TRANSFERRING 
THE ABC LICENSE TO NEW OPERATOR.

 

Recommendation: That the City Council consider whether or not it wishes to review all transfers of ABC licenses to determine whether or not it would then request that ABC impose additional conditions on the new operator.

 

Background: The Business and Professions Code was amended to permit a "local governing body or its designated subordinate officer or agency" to request the imposition of conditions be placed upon a license at the time of transfer which would mitigate problems at or in the immediate vicinity of the premises. ABC is required to either adopt the requested conditions as long as there is "substantial evidence" of the problem or determine that the request for the additional conditions is not supported by "substantial evidence."

The City Council may delegate the authority to submit requests for additional conditions or retain it and review each transfer as they occur. This would provide an opportunity for review prior to transfer.