2019-02-07 Liquor Commission Minutes

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Gonzalez: If the Commission makes the motion to extend, it is being consistent with how previous Commissions and the Department has treated similar requests. Like I said, the situation could have been that the Department asked him to submit something in writing or he already was telling us verbally over the phone that he thinks he needs an extension beforehand. Gonzalez: Typically what we tell them is to give us something in writing so we can bring it to the Commission, especially when it comes that close to the deadline. Gonzalez: I apologize I'm not too familiar with the very specifics on this particular request. But it would consistent with how we treated previous requests. Ibarra: Could I ask legal counsel if that's legal? Masuda: If you're looking at the letter of the rule, the rule does not provide for such extension. If you're looking at what the Commission and Department has done, for quite a long time, yes, it does. Ibarra: I've seen in my 28 years on the bench, the County has come before me saying we've been doing it all the time, but there's no legal authority. One day, when you go to court, the judge says even when you've been doing it for 20, 30 years, you have no authority to do that so we're going to do it right from now on. I just asked legal counsel, I'm not making any decision, basically, what is the rule, what is the law? Gonzalez: The Department has been real flexible on this for several reasons and one of them is the specific rule says 'a request for extension may be submitted for good cause for an additional six months provided that the applicant may request an additional six month extension upon proof that the project is actively under construction and/or is seeking compliance to another agency's regulations which is what is occurring in this situation. This is Rule 4-2-M. But the rule doesn't specifically say they have to submit the request for extension before the one year approval period expires. That is why we are flexible with that. Masuda: True, but the assumption is that you're going to ask for it ahead of time. Ibarra: So how long after can they ask for an extension? Masuda: There's nothing that says a length of time that they have to ask for an extension. Nahale-a: The rule states 'therefore the approval of an application may be cancelled and the applicant may be required to apply for a new license.' Masuda: If you look at the email from Friday, January 11 (2019), the rule is cited toward the bottom. But in answer to your question, is that specific rule allowing for an extension of the extension period? Ibarra: After the expiration? Masuda: Yes, there is none. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 28