The City of Napa from time to time is requested or required to make certain determinations concerning the issuance of licenses by the state of California for alcoholic beverage sales. Procedures for the issuance and appeal of such determinations are in the city's interest and general welfare in order to promote a fast, fair and considered determination process for the applicant for the alcoholic beverage license as well as the health, safety and general welfare of the City of Napa and its residents.
(O97-020)
A. 
Unless otherwise expressly required by state law, determinations requested or required of the City of Napa by the state of California, or any agency, subdivision or representative thereof, concerning the issuance, renewal, or modification of any alcoholic beverage license, including, but not limited to, any determination made pursuant to Business and Professions Code Section 23958.4 concerning whether a given application for an alcoholic beverage license serves the City of Napa's convenience or necessity, shall be made in the first instance by the Chief of Police.
B. 
In making such determination, the Chief of Police shall solicit and consider information and recommendations from whatever departments and other sources the Chief feels may be appropriate to the determination. To the extent reasonably practicable, and in the Chief's discretion, the Chief also shall solicit and consider information from other sources, including, but not limited to, the applicant and, again where the chief determines it is reasonably practicable, neighboring property owners, businesses and residences. The determination by the Chief shall take into consideration, among any other criteria and factors the Chief may feel appropriate, the following:
1. 
The extent to which the issuance of the license would duplicate existing services and therefore contribute to an over-concentration of alcoholic beverage services;
2. 
The extent to which the proposed establishment, location and/or operator has a history of law enforcement problems;
3. 
The extent to which the proposal will engage in or involve aggressive alcohol marketing;
4. 
The extent to which the establishment will provide or propose adequate, well-trained staff;
5. 
The extent to which the establishment will maintain or propose security and/or strict surveillance both inside and outside the premises to maintain security and compliance with all applicable laws;
6. 
The proximity of the proposed license premises to sensitive land uses such as residences, schools, churches, parks, etc., and the effect the proposed license may have on such sensitive uses;
7. 
The extent to which alcohol sales are related to the function of the proposed use and the possibility of the use operating in a viable manner without alcohol sales;
8. 
The extent to which the proposal, or any previous or proposed use of the premises, has involved or will involve violations of any federal, state or local law;
9. 
The consistency of the proposal with the city's General Plan and zoning.
C. 
In making the determination, the Chief of Police may impose as a condition of a positive determination a requirement that the applicant enter into an enforceable agreement containing terms and provisions specifying and restricting the operation of the proposed establishment to ensure to the extent possible and that the proposed establishment serves the city's convenience and necessity, and that it is not detrimental to the health, safety and general welfare of the community. Such terms may in the discretion of the Police Chief include, but shall not be limited to, the following:
1. 
That management, staff and security personnel be retained, trained and supervised by the applicant;
2. 
That hours of operation be limited;
3. 
That physical improvements, such as lighting, paved parking, etc., be installed or constructed to the proposed establishment;
4. 
That the applicant be responsible for city costs and expenses incurred in connection with the inappropriate operation of the proposed establishment, as well as civil penalties;
5. 
That the applicant provides a cash account or other acceptable security to ensure the timely reimbursement to the city of costs, expenses and penalties.
D. 
The determination by the Chief of Police shall, to the extent practicable, be made within 10 working days of receipt by the Chief of the request for the determination. Prior to forwarding the determination to the state of California, written notice of the proposed determination shall be provided to the applicant for the alcoholic beverage license, either personally, or by first class or certified mail, as determined by the Chief. Such notice shall include a statement of the proposed determination, the reason(s) therefor, as well as the applicant's right of appeal pursuant to this chapter. If no appeal from the determination by the Chief is timely made in compliance with Section 9.80.030, the Chief shall provide a copy of the notice to the State Alcoholic Beverage Control ("ABC") Department at the earliest practicable time following lapse of the appeal period.
(O97-020)
A. 
Any applicant for an alcoholic beverage license aggrieved by a determination made by the Chief of Police pursuant to Section 9.80.020 may appeal the determination to the City Manager or designee. Any such appeal shall be made in writing; shall include a declaration stating that all facts set forth in the appeal are made upon penalty of perjury; shall specify each and every factual and legal basis for the appeal; and shall be filed with the City Manager within 10 days of the date of mailing by the Chief of the notice of the initial proposed determination. Any such appeal shall be accompanied by an appeal fee in an amount to be established by resolution of the City Council. Any appeal which fails to satisfy any requirement under this section shall not be considered by the City Manager and shall be forever barred.
B. 
The City Manager, in resolving such appeal, may in his or her discretion affirm, deny or condition the determination made by the Police Chief and shall base his or her decision on those criteria and factors identified in Section 9.80.020, among any others he or she may deem appropriate. The appeal process shall be informal, shall not include any right to cross-examine witnesses, shall not be open to the public, and shall not be subject to formal rules of evidence. The decision made by the City Manager on such appeal shall be in writing and shall include a statement of the reasons therefor; shall be made, to the extent practicable, within 10 days of receipt by the City Manager of the appeal; and shall be provided to the applicant either personally or by first class or certified mail, in the discretion of the City Manager. The City Manager also shall provide a copy of the decision to the ABC, the City Clerk, and the City Council at the earliest practicable time after having made the decision. Such decision by the City Manager shall be final and shall not be appealable to the City Council.
(O97-020)