STATF OF r:AI IFORNIA _ RIIRINFSR r:nNR[IMFR RFRVICFS ANn HDIISINR ARENr;YGavin Nfiwsom. Governor
DEPARTIMENT OF ALCOHOLIC BEVERAGE CONTROL
SANTA ROSA DISTRICT OFFICE
50 D ST, ROOM 130
SANTA ROSA, CA 95404
(707)576-2165
Napa City Council
City Hall
955 School St.
NapaCA 94559
CITY OF NAPA
CITY CLERK
"^ APR II AMinn:L'
Ff
April 7,2022
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
BLACKBIRD VINEYARDS LLC
DBA: BLACKBIRD VINEYARDS
831 LATOUR CT, STE B, C & D, NAPA, CA
94558-6260
File: 02, 14-569860
Dear: Napa City Council
This is to infonn you that pursuant to an amendment to Section 23803 of the Business and Professions Code which became effective January 1, 1998, the Department is required to notify localgoverning bodies of any petition to remove or modify conditions on an alcoholic beverage license.
Please be advised that the above-referenced licensee, whose currently licensed premises iswithin your jurisdiction, has petitioned the Department to remove or modify certain conditions ontheir alcoholic beverage license. I have enclosed the following items for your information and consideration:
1. A copy of Section 23 803 of the Business and Professions Code.
2. A copy of the existing Petition for Conditional License, which contains the license conditions, and the grounds for their original imposition.
According to the provisions of Section 23803 Business and Professions Code, you have thirty(30) days to file a written objection to the modification/removal of these conditions. If you have anyquestions or need any additional assistance in this matter, please do not hesitate to contact this officeat(707)576-2165.
Sincerely,
Enclosure
Lynda Parkerson
Staff Services Manager II
Attachment 1
BUSINESS AND PROFESSIONS CODE - BPC
DIVISION 9. ALCOHOLIC BEVERAGES [23000 - 25762] ( Division 9 added by Stats. 1953, Ch. 152.)
CHAPTER 5. Restrictions on Issuance of Licenses [23770 - 23827] ( Chapter 5 added by Stats. 1953, Ch. 152. )
ARTICLE 1.5. Conditional Licenses [23800 - 23805] ( Article 1.5 added by Stats. 1959, Ch. 1351. )
23803.
(a) The department, upon its own motion or upon the petition of a licensee or a transferee who has filed an application for the transfer of the license, if it is satisfied that the grounds that caused the imposition of the conditions no longer exist, shall order their removal or modification, provided written notice is given to the local govemmg body of the area in which the premises are located. The local governing body has 30 days to file written objections to the removal or modification of any condition. The department may not remove or modify any condition to which an objection has been filed without holding a hearing as provided in Chapter 5 (commencing with Section 11500) of Part I of Division 3 of Title 2 of the Government Code. (b) For purposes of this section, a situation in which the "grounds that caused the imposition of the conditions no longer exist" includes, but is not limited to, the situation in which there have been substantial changes in the totality of circumstances such that the department determines that the current circumstances reasonably justify the modification or removal of the conditions.
(c) Any petition for the removal or modification of a condition pursuant to this section shall be accompanied by a fee of four hundred seventy-five dollars ($475). This fee may be adjusted by the department pursuant to subdivisions (d) and (e) of Section 23320.
(Amended by Stats. 2019, Ch. 29, Sec. 36. (SB 82} Effective June 27, 2019.) https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=BPC&art... 4/7/2022
{
BEFORE THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
OF TEE STATE OF CALIFORNIA
IN THE MATTER OF THE APPLICATION OF
BLACKBIRD VINEYARDS LLC
BLACKBIRD VINEYARDS
831LATOURCT
STEB, C & D
K\PA, CA 94558-6260
For Issuance of a Public Warehouse, Wmegrower - License Under the Alcoholic Beverage Control Act
} FILE 02,14-569860
}
} REG.
}
}
}
}
} PETITION FOR CONDITIONAL
} LICENSE
WHEREAS, petitiouer(s) has/have filed an application for the issuance of the above-referred-to license(s) forthe above-mentioned premises; and, WHEREAS, petitioner(s) do/does not hold a license authorizing possession or sale of beer or malt beverages;and, WHEREAS, the issuance of an unrestricted license would be contrary to public welfare and morals; NOW, THEREFORE, the undersigned petitioner(s) do/does hereby petition for a conditional license as foUows,to-vvit:
1 There shall be no importation of beer or malt beverages.
This petition for conditional license is made piirsuant to the provisions of Sections 23800 through 23805 of theBusiness and Professions Code and will be carried forward in any transfer at the applican.t-premises.
Petitioner(s) agree(s) to retam a copy of this petition on the premises at aU times and will be prepared toproduce it immediately upon the request of any peace officer.
The petitioners) understand(s) that any violation of the foregoing condition(s) shall be grounds for thesuspension or revocation of the license(s).
DATED TfflS./^_DAY OF'^v^/l€^/^-^..20-2./ .
Applicant/PefitionerAppIicant/Petitioner
ABC-172 (5/94)---.,