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HomeMy WebLinkAboutCC Resolution 10299 (Liquor Licenses Procedures)RESOLUTION NO. 10299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESCINDING RESOLUTION NO. 9450, AND ADOPTING REVISED PROCEDURES AND CRITERIA FOR DETERMINATION WHETHER PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY ISSUANCE OF OFF -SALE OR ON -SALE LIQUOR LICENSES, WHERE A FINDING OF UNDUE CONCENTRATION HAS BEEN MADE BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL WHEREAS, Business and Professions Code Sections 23958 and 23958.4 condition issuance of all off -sale liquor licenses, and certain on -sale liquor licenses, upon a determination by the local governing body or its designated subordinate body or officer that public convenience or necessity will be served by issuance of a license, where the Department of Alcoholic Beverage Control has determined that there is an undue concentration of such licenses, based upon county- wide averages, in the census tract in which the proposed license would be located; WHEREAS, the City Council of the City of San Rafael previously adopted Resolution No. 9450, which established the existing procedures and criteria for the determination of such liquor license public convenience or necessity; and WHEREAS, the City Council for the City of San Rafael desires to revise the procedures and criteria for the future determination of such liquor license public convenience or necessity; NOW THEREFORE, the City Council for the City of San Rafael does hereby resolve as follows: Resolution No. 9450 is hereby rescinded, provided that the determination of public convenience or necessity as to the liquor license application now pending before the City Council shall be subject to said Resolution. All off -sale or on sale liquor license applications that require a local determination of public convenience or necessity as a condition of issuance of the license, pursuant to Business & Professions Code Sections 23958 and 23958.4, shall be handled hereafter as follows. �PEGIi��I ,o�a I. Annlication and Fees A completed application for a determination of public convenience or necessity, in a form prescribed by the Community Development Director, shall be filed by the applicant with the Community Development Department, together with such application processing fee as may hereafter be set from time to time as part of the City Council's Master Fee Schedule Resolution. II. Review and Processing of Annlication The determination of public convenience or necessity shall be made by the Community Development Director or the Community Development Director's designee, except that such determination shall be made by the Planning Commission in any case where the applicant is required to obtain a separate use permit or other land use permit that otherwise would be considered by the Planning Commission. Within 90 days following receipt of the completed PCN application, the Community Development Director or the Community Development Director's designee shall set the application for hearing and determination in accordance with the criteria provided in Section III. In the case of a PCN application for which a separate use permit or other land use permit is required, the PCN application shall not be deemed complete unless the application for the separate use permit or other land use permit is also complete. The Police Department shall provide input with respect to such criteria as relate to criminal activity and security issues, together with any proposed operational conditions to address such issues. Mailed notice of the hearing date on the determination shall be provided to property owners within 300 feet of the subject property, and to any other persons who have a written request for notice on file with the Community Development Department, at least ten calendar days prior to the hearing. The burden shall be placed upon the applicant to show that public convenience or necessity will be served by issuance of the license according to the criteria established hereafter. 2 A decision to find public convenience or necessity will be served by issuance of a license may be conditioned on operating restrictions and other conditions, if the issuance of the license subject to such conditions is deemed sufficient, after considering the criteria established hereafter, to serve public convenience or necessity. A decision approving or denying a determination of public convenience or necessity may be appealed by the applicant or any other interested party to the City Council by filing a written appeal within five (5) business days of the decision with the Community Development Department together with any required filing fee. Such an appeal shall be subject to the appeal procedures prescribed in San Rafael Municipal Code Chapter 14.28. The Community Development Department shall give written notice of any final decision approving or denying a determination of public convenience or necessity to the Department of Alcoholic Beverage Control. III. Criteria For Determination of Public Convenience or Necessitv For purposes of determining whether public convenience or necessity will be served by issuance of an on -sale retail liquor license or off -sale retail liquor license subject to local determination, the following criteria shall be considered: (1) Whether the issuance involves an existing business with a license which is being transferred to a new location, and which will not result in an increase in the total number of off -sale retail liquor licenses or on -sale retail liquor licenses in the City, or in the census tract in which the business would be located. (2) Whether the business, by reason of its location, character, manner or method of operation, merchandise, or potential clientele, will serve a segment of the City's businesses or residents not presently being served. (3) Whether the business will be located within a 1,000 -foot radius of incompatible facilities, such as public and private schools, day care centers, churches, parks, homeless shelters, and alcohol rehabilitation centers, and facilities designed and operated to serve minors. 3 (4) Whether the location of the license will be in a crime data area covered by Police Department statistics, which has a twenty percent (20%) greater number of reported crimes than the average number of "reported crimes" for all crime data areas in the City, over the previous year. For this purpose, "reported crimes" means reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other misdemeanor or felony crimes, except for traffic citations. (5) Whether the issuance of the license involves an existing business, which has been located at a site which has had three or more reported crimes as defined in (4) above within the previous one year period. (6) Whether the issuance of the license will promote the goals and policies of the City's General Plan, any applicable specific plan, or any similar policies that have been formally adopted by the City Council. (7) Whether any other information supplied by the applicant, or other competent evidence shows that public convenience or necessity will be served by issuance of the license. 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 City Council of said City held on Monday the 17th day of AUGUST , 1998, by the following vote to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 0 JEAJ"il, . LEON , City C erk