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TO: HONORABLE MAYOR and CITY COUNCIL A <br />FOR: Council Meeting of 20 November 1990 <br />FROM: Jaime R. Aguilera, Director of Community Development G <br />SUBJECT: Maclin Markets, Appeal of Liquor License Denial. <br />E <br />BACKGROUND* <br />Staff became aware that the Colton Auction was selling hard liquor by the drink through N <br />a complaint Staff verified the complaint and asked the owner to justify why he was <br />operating without a conditional use permit by the City. Mr. Larsen responded that he <br />had been given approval by the Alcoholic Beverage Control (ABC). Staff Investigated <br />further and found that the auction did have approval by the A.B.C. The documents on <br />file at the A.B.C. indicated that the "City Planner' who had authorized the liquor license <br />was Jennifer Thornberry. However, her name appeared in typewritten form, not as a <br />signature. Ms. Thornberry was then asked what her involvement in the issue was and A <br />she denied ever having given Mr. Larsen any approvals. <br />Mr. Larsen then agreed to comply with the Planning Division's requirement for a Condi- <br />tional Usel Permit and filed on July 20,19W. The Planning Commission subsequently <br />heard the item at a public hearing on August 28,199Q The request was denied based <br />on the following issues: <br />a) The Auction has a'family atmosphere" and therefore is not conducive to <br />having a full bar in conjunction with a family lifestyle. E <br />b) The Auction produces an incredible amount of traffic and the Commission <br />was opposed to mixing drinking drivers and the large amount of pedestrian <br />and vehicle traffic. P <br />c) At the Planning Commission meeting, the Auction's representative indicated -0 <br />that Ms. Thornberry was not at fault CN <br />A subsequent conversation between Mr. Larsen and myself culminated in Mr. Larsen's <br />O : <br />assertion that Ms. Thornberry had indeed given him permission to operate. <br />STATEMENT OF THE PROS FM, <br />R <br />Regardless of whether Mr. Larsen was given erroneous information by a City staff mem- <br />ber or not, when the Auction filed property, the Planning Commission acted within their � CJ <br />bounds to deny the license on very strong grounds. <br />c <br />