HomeMy WebLinkAboutCC Resolution 10315 (Linexpress Cafe Liquor License)RESOLUTION NO. 10315
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
DENYING A CERTIFICATE OF PUBLIC CONVENIENCE
OR NECESSITY FOR AN ON -SALE LIQUOR LICENSE AT
1122 FOURTH STREET, LINEXPRESS CAFE.
WHEREAS, California Business & Professions Code Sections 23958 through 23958.4 condition
issuance of an On -Sale liquor license upon a determination by the local City Council that public
convenience or necessity will be served by issuance of the license, where the Department of Alcohol
Beverage Control has determined there is an undue concentration of such licenses in the census tract in
which the business will be located; and
WHEREAS, the City Council of the City of San Rafael has adopted Resolution No. 9450
establishing procedures and criteria for making such a determination of public convenience or necessity;
and
WHEREAS, Linexpress has submitted an application to the Department of Alcohol and Beverage
Control for an On -Sale Beer and Wine permit for a retail store located at 1122 Fourth Street in San Rafael
and the Department of Alcohol Beverage Control has issued a determination that there is an undue
concentration of such on -sale licenses within the census tract in which the Applicant's business will be
located; and
WHEREAS, the Applicant has submitted an application to the City of San Rafael for a
determination of public convenience or necessity in connection with the issuance of such an On -Sale
license at such business; and
WHEREAS, the Police Department has submitted a report to the City Council evaluating the
criteria established by Resolution 9450 with respect to the Applicant's request for a finding of public
convenience or necessity, in which the Department has noted that the applicant may not have met the
burden of demonstrating that public convenience or necessity would be served by issuance of such a
permit; and
WHEREAS, the City Council has considered the Police Department report, and has considered
the Applicant's arguments and justification in support of such a finding of public convenience or necessity
as contained in the Applicant's application to the City;
NOW THEREFORE, the City Council resolves that:
There are an undue concentration of alcoholic beverage licenses in the surrounding area based on
determinations by the State Department of Alcoholic Beverage Control that, based on an appropriate ratio
of the number of licenses to population, there should be four licenses in the subject census tract, and
there are currently eleven licenses in this tract.
The Police Department report demonstrates that there may be an undue or negative impact on the
community surrounding this location, as a result of the issuance of an on -sale beer and wine license in
that the business is located in a crime reporting zone which has in excess of twenty percent greater
number of specified crimes than the city-wide average and the business is within 1,000 feet of five
possibly incompatible uses including schools, churches, parks and day care centers, including St. Rafael's
church and school within three blocks; and
The Applicant has not met the burden of proving that public convenience or necessity will be served by the
issuance of this on -sale alcohol sales permit, that this business will serve a segment of the City's
businesses or residents not presently being served, or that the sale of alcoholic beverages is an integral
part of the proposed business operation; and
The City Council denies a certificate of Public Convenience or Necessity for Linexpress, located at 1122
Fourth Street, to operate an On -Sale Beer and Wine License, and directs the City Clerk to mail a copy of
this Resolution to the applicant and the California Department of Alcohol Beverage Control.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution
was duly and regularly introduced and adopted at a regular meeting of the Council of said City on
Monday, twenty-first day of September, 1998, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller and Mayor Boro
NOES: COUNCILMEMBERS: Heller
ABSENT: COUNCILMEMBERS: Phillips
J'g�NNE M. LEON INI, City Clerk