Walsh, Lynn (NBCUniversal)
From:
Sent:
To:
Cc:
Subject:

Devine, Rory (NBCUniversal, KNSD)
Thursday, June 15, 2017 3:15 PM
Carr, John@ABC
Walsh, Lynn (NBCUniversal)
RE: Questions About ABC License Application at the Hollywood Casino in Jamul

Ok Thank you –
I sent you an email a few minutes ago -- Our emails may have crossed.

From: Carr, John@ABC [mailto:John.Carr@abc.ca.gov]
Sent: Thursday, June 15, 2017 3:09 PM
To: Devine, Rory (NBCUniversal, KNSD)
Subject: Questions About ABC License Application at the Hollywood Casino in Jamul

Rory, here are your questions, ABC’s responses are in yellow:

Question: Why was the interim liquor license given to the casino?
ABC Response: ABC conducted a thorough investigation and the licensee agreed to a set of
operating conditions and per statute, an Interim Operating Permit (IOP) is permitted. The IOP is
issued to allow the licensee to operate while the administrative process is on-going only in the case
that the Departments investigation leads to a recommendation of approval. It’s more so that the
licensee is not delayed in the business venture during an often lengthy process when the Department
considers issuance of this license is justified. ABC monitors the IOP as it does any other licensee.
Question: What kind of a license is it, in other words, where is alcohol allowed?
ABC Response – Attached you will find the conditions on the license and a description of where
alcohol may be consumed on the premises. The document shows a diagram of the Casino and it
also spells out the specific conditions shown below and states that alcohol may be consumed on the
premises in the patio deck area, the beer garden area, on the gaming floor where Class III gaming
operations are, ABC placed the following operating conditions on the (IOP):

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 Question: What is ABC‘s response to the increase in DUI collisions?
ABC Response: DUI is always a concern, one DUI is too many and ABC works closely with allied
agencies on prevention. The Office of Administrative Services Administrative Law Judge (ALJ) will
consider all of the evidence presented at the hearing. Extensive testimony was presented about traffic
concerns, including concerns about alcohol influenced drivers. The ALJ will consider all of the facts
presented and determine whether, as a matter of law, the license can be issued.
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 Question: Have other casinos had to have road improvements/mitigations in place before a liquor
license was given them?
ABC Response: Each license application is unique and considered on a case by case basis.
Extensive testimony was presented at the Administrative Hearing about traffic concerns. It is
important to note that Section 23790 of the California Business and Professions Code states no retail
license shall be issued for any premises if the exercise of the rights and privileges conferred by the
license is contrary to valid zoning ordinances by a city or county.
Question: We have been told this is the first time something like this has happened.
ABC Response: ABC has been in existence since 1955 so I can’t say yes or no without further
research. It is important to note that Section 23790 of the California Business and Professions Code
states no retail license shall be issued for any premises if the exercise of the rights and privileges
conferred by the license is contrary to valid zoning ordinances by a city or county. The ALJ will
consider all of the evidence presented at the hearing.
Question: Some community members say ABC stood in the way of other casinos (like Barona)
making them wait for license until a baseline was established -- That baseline would make it possible
to determine the dui incidents before and after the casino started serving.
ABC Response: As we stated earlier, each license application is unique because each location is
unique. The ALJ will consider all of the facts presented and determine whether, as a matter of law,
the license can be issued.
Question Why was that not done with Hollywood?
ABC Response:
Each license application is unique and there are different facts and community concerns to consider
during the license application process (this link takes you through the ABC license application
process step by step
http://www.abc.ca.gov/Legal/Application_Process/Application_Process_Chart.pdf
Question Do the mitigation/traffic improvements factor into ABC decision?
ABC Response: ABC delegated the final authority over this licensing matter to the California Office
of Administrative Hearings. An Administrative Law Judge there is currently reviewing the evidence
and testimony provided at the November hearing to determine if any further public hearing is
necessary. If the ALJ concludes no additional hearings are necessary, or after such a hearing if he
concludes they are, the ALJ will issue a final decision regarding the license. The ALJ will consider all
of the evidence presented at the hearing. Extensive testimony was presented about traffic concerns,
including concerns about alcohol influenced drivers. Each party will have the right to appeal the ALJs
decision to Alcoholic Beverage Control Appeals Board.
From: Carr, John@ABC [mailto:John.Carr@abc.ca.gov]
Sent: Thursday, June 15, 2017 9:05 AM
To: Devine, Rory (NBCUniversal, KNSD)
Subject: Questions About ABC license Application at the Hollywood Casino in Jamul

Good Morning Rory,
John Carr, the ABC Public Information here. I understand you need some information from the ABC regarding the ABC
license application at the Hollywood Casino in Jamul.
Can you send any questions to me? We will chase down any facts and information we have and get back to you as
quickly as we can. We understand your deadline is today.
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 John Carr, Information Officer II
California Department of Alcoholic Beverage Control
Phone 916-419-2525 Cell 916-826-8287
Follow us on Twitter at https://twitter.com/ca_abc

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