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Home My WebLink AboutCC Resolution 10169 (Lugano Imports Liquor License)RESOLUTION NO. 10169 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING CERTIFICATE OF PUBLIC CONVENIENCE OR NECESSITY IN ISSUANCE OF OFF -SALE LIQUOR LICENSE AT 1233 FOURTH STREET, LUGANO IMPORTS, INC. 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, Lugano Imports, Inc. has submitted an application to the Department of Alcohol and Beverage Control for an Off -Sale Beer and Wine permit for a retail store located at 1233 Fourth 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 Lugano Imports, Inc., located at 1233 Fourth 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 twentieth day of April, 1998, by the following vote, to wit: AYES. COUNCILMEMBERS. HELLER, MILLER, PHILLIPS AND MAYOR BORO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: COHEN A�i;. . LEONCINI, City Clerk 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 location to another location. Undue concentration has been determined by the fact that by population ratio there should be four licenses in this census tract. There are currently eleven licenses in this tract. The nature of this business leads me to believe that the addition of this business and its liquor license would not have a negative impact on this area. 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 cater to a limited and specific high-end clientele. This clientele should not increase crime problems in the area nor generate any other types of police problems. This use will be consistent with the City's desire to increase patronage in the downtown area, and would be consistent with theater attendance and dining at restaurants. Criterion 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 school rehabilitation centers. This business will be located within 1,000 feet of seven possibly incompatible facilities. None of these facilities will be in the same block as this business. The nature of the targeted clientele leads me to believe that this business would not have a significant impact on these facilities. 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 7. 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 small and dense reporting district. It experiences a great deal of foot and vehicle traffic. It includes a number of commercial businesses that generate many calls for service and reported crimes. Most of these crimes are for theft related crimes. Alcohol related crimes in this area are down. This business should not increase any of these problems. 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 has not had any reported crime 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 or necessity will be served by the granting of this certificate. The nature of the business in the community and the absence of specific crime concerns are the basis for this finding. I recommend the City Council approve the resolution granting the certificate. 2. 8.4 B & P APPLICATION WORK LET UNDUE CONCENTRATION/PUBLIC CONVENIENCE & NECESSITY PREMISES ADDRESS: LICENSE TYPE: CROSS STREET 1. CRIME REPORTING DISTRICT Jurisdiction unable to provide statistical data. Reporting District: Total number of reporting districts: -J 9 Total number of offenses: (01 Average number of offenses per district: 120% of average number of offenses: �g • �� Total offenses in district: � 10 Location is within a high crime reporting district: 61 o 2. CENSUS TRACT / UNDUE CONCENTRATION Census Tract: � � 1 0 RATIO Population: 4 (p % D Number of licenses allowed: Number of existing licenses: I l Undue concentration exists:es No. Letter of public convenience or necessity required:overning Body Applicant. Three time publication required: Yes / o Governing Body Person Taking Application Investigator Supervisor x Person Representing Governing Body Date ,Fy#f,61T 17 CITY OF SAN RAFAEL APPLICATION FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY FOR ISSUANCE OF LIQUOR LICENSE APPLICATION WILL NOT BE ACCEPTED UNLESS APPLICANT HAS FILED APPLICATION FOR LIOUOR LICENSE WITH DEPARTMENT OF ALCOHOL BEVERAGE CONTROL (A.BC) TN SANTA ROSA, AND OBTAINED ABC DETERMINATION OF UNDUE CONCENTRATION. TO BE ATTACHED TO THIS APPLICATION. Date of Application: March 30, 1998 Name of Applicant: T-ugano Imports, Inc. Signify type: corporation X partnership sole proprietor Address of Applicant: 580 Irwin Street, Unit 7 San Rafael, California 94901 Type of License: Type 20, offsale beer& wine Address Where Business will be located: 1233 Fourth Street, San Rafael Nature of Business: Wine shop Phone numbers of Applicant : (415) 459-1547 (415) 459-7145 Is this a request for a new License? No Is this a relocation of an existing business to a new address? yes If so, give previous business location: 580 Irwin Street, unit 7 San Rafael, California EXHIBIT t-' fe / Page 2 of Application Applicant's Basis for Determination of Public Convenience and Necessity (Please address criteria established in City Council Resolution No. 91{ j 0 ) : Please see letter to the City Council of San Rafael,.attached. AFFIDAVIT I declare under penalty of perjury that I am the owner X , for the business involved in this application, and that the foregoing is true and correct. Dated: 3/30/1998404U/4, (Signature) Name: Franco Marchesi Title: President, Lugano Imports, Inc. 87 LUGANO IMPORTS, INC. 580 Irwin Street San Rafael, CA 94901 Tel (415) 459-1547 - Fax (415) 453-7007 City Council City of San Rafael P.O. Box 151560 San Rafael, CA 94915 March 30, 1996 Response to the criteria for Determination of Public Convenience or Necessity of the City Council resolution No. 9450, chapter III. 1) The issuance does involve an exsiting business (Lugano Imports, Inc.) with a Type 20 offsale beer & wine license, which I'm applying to transfer from 580 Irwin Street #7 to 1233 Fourth St. San Rafael. There will be no increase to the number of offsale retail Beer & Wine licenses in the City of San Rafael. 2) Lugano Imports plan are to have a Boutique -Style wine shop. The shop will be manned by experienced personnel that can address customer requests from the pairing of wine and food, the wine provenance to the most particular wine attributes. A shop with these qualifications currently does't exist in the downtown corridor of San Rafael. We plan to market to the upscale professionals who live and work in and around San Rafael. 3) The wine shop will not be located within 1000 ft of incompatible facilities such as public and private schools, day care centers, churches, parks, homeless shelters and alcohol rehabilitation centers. 4) It is not the wish of Lugano Imports to operate in an area with high crime. We share everyone confidence that fourth street will continue to change for the better. 5) To my knowledge there has not been three or more reported crimes as defined in (4) above within the previous one year period at 580 Irwin St. 6) We beleive the recent renovations of the downtown corridor of San Rafael will add demand for an upscale wine boutique shop, which can cater to the sophisticated taste of Marin residents. Presently people who look for fine wines have to go to a supermarket style store to buy them. Franco Marchesi President, Lugano Imports, Inc. D3 City of San Rafael San Rafael, California Inter -Departmental Memorandum DATE: April 8, 1998 TO: Thomas Boyd, Captain FROM: Sheila Delimont, Interim Planning Director SUBJECT: Request for liquor license at 1233 Fourth Street This site does not have an active business license on file. Based on the review of City Records, the following incompatible facilities are located within a 1000' radius: 1400 Fourth Street 817 D Street 820 B Street 1115 Third Street 1415 Third Street 1100 Fifth Avenue 1510 Fifth Avenue -Christian Science Church -Counseling Group -St. Vincent De Paul Society District -Teen Center -Marin Interfaith -Columbia Pacific University -St. Raphael Parish -First Presbyterian Church � l*&r C