HomeMy WebLinkAboutCC Resolution 10157 (Oriental Food Connection Liquor License)RESOLUTION NO. 10157
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING CERTIFICATE OF PUBLIC CONVENIENCE
OR NECESSITY IN ISSUANCE OF
OFF -SALE LIQUOR LICENSE AT 650 IRWIN STREET,
ORIENTAL FOOD CONNECTION
WHEREAS, California Business & Professions Code Sections 23958 through 23958.4 condition
issuance of an Off -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, Oriental Food Connection has submitted an application to the Department of
Alcohol and Beverage Control for an Off -Sale Beer and Wine permit for a food store located at 650 Irwin
Street in San Rafael and the Department of Alcohol Beverage Control has issued a determination that
there is an undue concentration of such off -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 Off -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 concluded that the Applicant had met the burden
of demonstrating that public convenience or necessity would be served by issuance of such a permit and
has recommended that such a request be granted; 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 makes the following findings:
The City Council adopts as its own the findings contained in the Police Department report relating to the
criteria established in Resolution 9450; and
The Police Department report demonstrates that there will not be an undue or negative impact on the
community surrounding this location, as a result of the issuance of an off -sale beer and wine license; and
The Applicant has met the burden of proving that public convenience or necessity will be served by the
issuance of this off -sale alcohol sales permit; and
The City Council approves a certificate of Public Convenience or Necessity for Oriental Food
Connection, located at 650 Irwin Street, to operate an Off -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, the sixth day of April, 1998, by the following vote, to wit:
AYES: COUNCILMEMBERS: COHEN, MILLER, PHILLIPS & MAYOR BORO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: HELLER
JEANNE M. LEONCINI, City Clerk
CITY ,.
OF -
SAN RAFAEL
P.O. BOX 151560, SAN RAFAEL, CA 94915-1560/PHONE: (415) 4853065
AGENDA ITEM NO.: ••....8.
Aril 6, 1998
MEETINGDATE' .......... .....P..._ .................................. _.
REPORT TO MAYOR AND CITY COUNCIL
SUBJECT:
RESOLUTION ADOPTING CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY, 650 IRWIN STREET, ORIENTAL FOOD CONNECTION
SUBMITTED BY:......... .. �Y.Ildri...... �
.. .�}Le ............................ APPROVED BY: ..................... /.......................................................................................
Thomas Boyd, Cit Manager
iazpteiA r o
DATE: March 30, 1998
RECOMMENDATION
Adopt attached Resolution approving the Certificate of Public Convenience and Necessity to
Oriental Food Connection, located at 650 Irwin Street.
BACKGROUND
Pursuant to California Business & Professions Code Sections 23958 and 23958.4, the City
Council adopted Resolution 9450, which requires the applicant for an Off -Sale retail liquor
license to demonstrate to the satisfaction of the City Council that public convenience and
necessity will be satisfied by issuance of a liquor license.
The Applicant has applied for transfer of an Off -Sale beer and wine license with the California
Department of Alcohol and Beverage Control (ABC) to operate an establishment that would sell
beer and wine in a retail food store setting.
The ABC has determined that the location has an undue concentration of licenses in the
applicable census tract (1121). They have also determined that it is a high crime reporting
district, based on our crime statistics. The ABC worksheet is attached as Exhibit A.
Therefore, the Applicant has submitted an application for a determination by the City Council
that public convenience and necessity would be served by issuance of the liquor license. A copy
of the application is attached as Exhibit B.
I have evaluated the application according to the six criteria established in Resolution 9450, and
prepared the attached Resolution recommending approval of a finding of public convenience and
necessity. My evaluation is set forth below.
EVALUATION
Criterion 1: Whether the issuance involves the transfer of 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 licenses in the City, or in the Census Tract in which the
business would be located.
This application requests a license transfer from one business in North San Rafael to
650 Irwin Street. Undue concentration has been determined by the fact that by
r
Council Meting .. -� . g - - •------- :,::
n'scosition a_.. --- ._
population ratio there should be four licenses in this census tract. There are currently six
licenses in this tract. This transfer will not cause an increase in the number of licenses in
the area, as a previous license has been recently moved out of the tract.
Criterion 2: Whether the business, by reason of its location, character, manner of
operation, merchandise, or potential clientele, will serve a segment of the City's
businesses or residents not presently being served.
This business will serve a segment of the City's residents as it will cater specifically to
the Asian community.
Criterion 3: Whether the business will be located within a 9,000 foot radius of
incompatible facilities, such as public and private schools, day care centers, churches,
parks, homeless shelters, and school rehabilitation centers.
This business will be located within 1,000 feet of Davidson Middle School playing fields,
but will be separated by streets and businesses. This business will primarily be a food
store. Beer and wine sales will be a small part of the business. The store has operated
within normal and reasonable parameters on calls for service and crime reporting. There
is no reason to believe that this store will have a negative impact on the community.
Criterion 4: Whether the location of the license will be in a crime data area covered police
department statistics, which has a twenty percent (20%) greater number of certain
specified "reported crimes" than the average number of such reported crimes for all
crime data areas in the City over the previous year.
This business will be located in reporting zone 39. Crime statistics show that this is a
zone that has a higher rate of crime than the average of all reporting districts.
This zone is a very narrow reporting district running from Irwin Street to Bellam Blvd,
south of US 101. It includes the Bellam/580 interchange and Marin Square which
generate a high number of crime statistics. This business is in the western portion of the
reporting district. This end of the zone is a relatively safe and busy area. The existence
of a specialty food market will not negatively affect this safety factor.
Criterion 5: Whether the issuance of the license involves an existing business which has
been located at a site which has had three or more of the specified reported crimes within
the previous one year period.
This location did not have any crimes reported in the last year.
Criterion 6: 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.
There is nothing additional for this section.
CONCLUSION
Based on my evaluation of this application, I believe that the public convenience and necessity
will be served by the granting of this certificate. The nature of the business in the community
and the absence of specific crime concems are the basis for this finding. I recommend the City
Council approve the resolution granting the certificate.
DISTRICT SERVING LOCATION: SANTA ROSA
Name of Business: ORIENTAL FOOD CONNECTION
Location of Business:
Number and Street 650 IRWIN ST
City, State Zip Code SAN RAFAEL CA 94901
County MARIN
Is premise inside city limits?
If premise licensed:
Type of license
Transferor's names/license: MCROBERTS SHIRLEY 193790
License Tvne Transaction Type Fee Type Master Dug Date Fee
1.
CALIFORNIA
DROPPING
PARTNER
PERSON TO PERSON TRANS
NA
YES
NO
NOV
19,1997
$50.00
2.
20
OFF—SALE
BEER AND
PREMISE TO PREMISE TRA
NA
YES
0
NOV
y%
RPPL I CRTI ON FOR ALCOHOL BEVERNE LICENSE(S)
3.
20
TO:. �!
BEER AND
ANNUAL FEE
NA
Departrtlelit of Alcoholic Beverage Control File Number..............337375
0
NOV
50 D 'Str6et, Room 400
Receipt Number .........
1163889
20
Santa Rosa, CA 95404
Geographical Code........
2108
NA
(707) 576-2165
Copies Mailed Date
11-11,97
19,1997
$78.00
Issued Date
DISTRICT SERVING LOCATION: SANTA ROSA
Name of Business: ORIENTAL FOOD CONNECTION
Location of Business:
Number and Street 650 IRWIN ST
City, State Zip Code SAN RAFAEL CA 94901
County MARIN
Is premise inside city limits?
If premise licensed:
Type of license
Transferor's names/license: MCROBERTS SHIRLEY 193790
License Tvne Transaction Type Fee Type Master Dug Date Fee
1.
20
OFF—SALE
BEER AND
PERSON TO PERSON TRANS
NA
YES
0
NOV
19,1997
$50.00
2.
20
OFF—SALE
BEER AND
PREMISE TO PREMISE TRA
NA
YES
0
NOV
19,1997
$100.00
3.
20
OFF—SALE
BEER AND
ANNUAL FEE
NA
YES
0
NOV
19,1997
$34.00
4.
20
OFF—SALE
BEER AND
STATE FINGERPRINTS
NA
NO
2
NOV
19,1997
$78.00
TOTAL $262.00
Have you ever been Have you ever violated any provisions of the Alcoholic Beverage Control
convicted of a felony? NO Act, or regulations of the Department pertaining to the Act? NO
Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application.
Applicant agrees (a) that any manager employed in on -sale licensed premise will have all the qualifications of a licensee, and (b) that he will
not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act.
STATE OF CALIFORNIA County of MARIN Date NOV 19,1997
Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant
corporation, named in the foregoing application. duly authorized to make this application on its behalf: (2) that he has read the foregoing and knows the contents thereof and that
each of the above statements therein made are true: (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to
be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an
agreement entered into more than ninety (90) days preceding the day on which the transfer application is filled with the Department or to gain or establish a preference to or for any
creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting
liability to the Department.
Applicant Names) Applicant Signature(s)
LAM LEO T 52 11 Siv. . S4,.,e
LAM TAMMY T . 'al l SIq . S 4., z 7L-
ATTACHED 231, _ 227 _
ABC 211 (5/96)
CITY OF SAN RAFAEL
APPLICATION FOR DETERMINATION OF PUBLIC CONVENIENCE
OR NECESSITY FOR ISSUANCE OF LIQUOR LICENSE
APPLICATION WTT,L NOT BE ACCEPTED UNLESS APPLICANT HAS FILED
APPLICATION FOR�LIOUOR LICENSE WITH DEPARTMENT OF ALCOHOL BEVERAGE
CONTROL (ABC) TN SANTA ROSA, AND OBTAINED ABC DETERMINATION OF
UNDUE CONCENTRATION. TO BE ATTACHED TO THIS APPLICATION.
Date of Application:
Name of Applicant:
1j, -Tv 9 `t"C. �► q 7
L. L A -M 4 TA -M w y
Signify type: corporation
partnership
sole proprietor )c
Address of Applicant: --liS3c, kZ ht _ R . R LV Q
i UKF-T LA• M
,:;Ah(- P A r -A l�- L- e,%:�- y 9n i
Type of
License: , o
SZA L�-:- Thp-ter{ ,q-Iu D
W i,U r
Address
Where Business
will be
located: 6 5 D :Z iF \ 1 i
N ST
Nature of Business:
a
Phone numbers of Applicant -'7 S•r) a
Is this a request for a new License? A/0 (7-M/VS•Pi'Z ,(-lGCNSF)
Is this a relocation of an existing business
to a new address?
If so, give previous business location: ,P11RC,*,4Se 07- A/CFASi-
taoM
48 A41U4 X12./ V& . //,t// 7- i� Sh-iv G�..4�L I C
EXHIBIT
131
Page 2 of Application
Applicant's Basis for Determination of Public Convenience and
Necessity (Please address criteria established in City Council
Resolution No.
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AFFIDAVIT
I declare under penalty of perjury that I am the owner X_,
attorney of the owner , or person with power of attorney from
the owner , for the business involved in this application, and
that the foregoing is true and correct.
Dated:
(S gnature)
Name:
Title:
901,6 11 EL