Alcoholic
Beverage Control (ABC) License
Policies and Procedures
Administrative Hearing:
When all departments have responded to
the City Manager in writing, the Hearing Officer will review each
department's recommendations and render a decision.
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A. |
Approval.
If the Hearing Officer determines the application meets the
approval criteria and insufficient information has been submitted
that would justify denial, a decision to grant a letter of PCN can
be made. An Administrative Hearing will be held during which the
applicant can submit any additional information not contained on
the application form. Once approved, the Hearing Officer notifies
the applicant in writing that a determination of "public
convenience and necessity" has been made and the license
should be granted. A copy of this determination letter is also
forwarded to the Alcoholic Beverage Control District Office and
the impacted City departments.
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B. |
Denial.
If the Hearing Officer determines the application does not meet
the conditions for approval, the Hearing Officer will hold an
Administrative Hearing where the Applicant may present oral
communication or other evidence supporting approval to the Hearing
Officer.
If, after the Administrative
Hearing, the Hearing Officer rules for denial, a written
determination of denial is mailed to the Alcohol Beverage Control
District Office with a copy to the applicant. The Hearing Officer
determination is final unless the applicant files an appeal within
the specified time period.
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1)
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Appeal.
The applicant can appeal a denial decision to the City Council
within fifteen (15) working days of the date of denial. An appeal
is made by written notification to the City Clerk & Auditor and payment of a
$100.00 processing fee. The City Clerk & Auditor will schedule the Applicant
to appear before the City Council within a reasonable amount of
time.
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P.O. Box 642, Modesto, CA 95353