Sunset Jazz Festival approved, but booze-free • The Malibu Times

The Planning Commission approved the Sunset Jazz Festival event, which takes place on Saturday, but said no alcohol will be served during or after the event.

Temporary Use Permit (TUP) 22-021 for the event was filed on June 24 and conditionally approved by the Director of Planning on July 6.

The Planning Commission held a special meeting on Thursday morning (July 28) to hold a public hearing on the application after it was revoked.

According to the city, on July 21, the TUP was revoked due to a fraudulent ABC license submitted, failure to comply with one or more conditions of the TUP, and failure to provide truthful or accurate information.

The event is scheduled from 1 p.m. to 7 p.m. and is expected to have around 2,000 attendees.

Hudson Baxter, the applicant for the permit, appealed the dismissal of the commission.

The elements of appeal included: the appellant failed to obtain the ABC license in a fraudulent matter; the caller has not prepared the ABC license; the caller has notified the city that alcohol will be offered; and the Malibu Municipal Code (MMC) does not prohibit events without liquor service.

Commissioner John Mazza asked, given that the planning department had received the application two days prior, if the application deadline had changed and if there would be a fine rather than a revocation.

“At this point, the records indicated the application was conditionally approved and then revoked,” said City Attorney Trevor Rusin.

Baxter was on appeal and his attorney, Bruce Ishimatsu, appealed on his behalf.

Ishimatsu said the application approved on July 6 was not fraudulent.

Ishimatsu said canceling this event is not in the city’s best interests and would result in financial damages if it were to be canceled.

“While Mr. Baxter bears some responsibility, he took it on by agreeing not to sell or serve alcohol at the event,” Ishimatsu said. “The TUP was not obtained by fraud of any kind; in any event, the commission has the noble power to modify or change the TUP question and should do so by eliminating the sale of alcohol.

Ishimatsu said Baxter agreed not to sell alcohol at the event.

Deputy Director of Planning Jessica Thompson said while the city received the appeal request on July 25, Thompson said she could not recall if the city received an affidavit of acceptance of the terms. with the original TUP when submitted.

As for materials required for public works approval, such as parking and traffic enforcement, planning director Richard Mollica said they had not been submitted. Mollica said they were able to submit the entry ahead of the event.

Community Services Director Jesse Bobbett said the department knew about the event from the start and said it documented everything.

“It’s definitely not our first event that has raced against the deadline all the time and that’s why it was delayed the first time around and why we’re here now,” Bobbett said.

Commissioner Jeff Jennings moved to grant the appeal and approve the TUP with the following conditions, and Commissioner Dennis Smith seconded the motion. The motions were carried.

Meeting actions include:

“No alcohol will be served or sold during, before or after the event.” 2) add a condition stating: “The applicant is responsible for the payment of parking fees unless they are paid by the lessor of the parking lot. ”; 3) the addition of a condition stating: “By 5:30 p.m. on July 28, 2022, the event website will have removed all references to the sale of alcohol and added a statement that no alcohol is will be sold or served. » ; and 4) the addition of a condition stating: “All outstanding documents required by the City of Malibu must be submitted by 4:30 p.m. on July 29, 2022.” for the Sunset Jazz Festival.

Willie J. Johnson