HomeMy WebLinkAboutCC Resolution 10209 (Spirit Enerprises Liquor License)RESOLUTION NO. 10209
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL GRANTING TO SPIRIT ENTERPRISES A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY FOR THE ISSUANCE OF AN
OFF -SALE LIQUOR LICENSE FOR A CONVENIENCE STORE
LOCATED AT 981 FRANCISCO BLVD., SAN RAFAEL
Whereas, on May 6, 1996, the City Council adopted Resolution No. 9604, denying the
application of Spirit Enterprises for a Certificate of Public Convenience and Necessity for the
issuance of an off -sale liquor license at its convenience store located at 981 Francisco Blvd., San
Rafael; and
Whereas, Spirit Enterprises filed suit in the Superior Court of Marin County (Case No.
168084) alleging therein that City was estopped from denying said Certificate; and
Whereas, on December 11, 1997, the Hon. William T. McGivern, Jr. issued a decision in
this litigation in favor of Spirit Enterprises and against the City and, on April 17, 1998, a final
judgment was entered against the City; and
Whereas, the judgment of the Court directs the City to rescind Resolution No. 9604 and to
adopt a Resolution granting a Certificate of Public Convenience and Necessity to Spirit Enterprises
for an off -sale liquor license at 981 Francisco Blvd., San Rafael; and
Whereas, the City Council, on advice of Counsel, has determined that it is in the best
interest of the City not to prolong this litigation; and has decided therefore not to appeal the
decision of the Court.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
HEREBY RESOLVES AS FOLLOWS:
Because of and pursuant to the Writ of Mandate issued on April 17, 1998 by the Hon.
William T. McGivern, Jr., Judge of the Marin County Superior Court, the City of San Rafael
hereby GRANTS to the applicant, SPIRIT ENTERPRISES, a Certificate of Public Convenience
and Necessity for the issuance of an off -sale liquor license at the convenience store located at 981
Francisco Blvd., San Rafael, California.
Said Certificate is in addition to, and not in place of, the Conditional Use Permit granted to
Spirit Enterprises for the operation of this same convenience store, by the City's Planning
Commission on June 13, 1995, the terms and conditions of which remain in full force and effect.
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 the City of San Rafael, held on Monday, the 18'h day of May, 1998, by the
following vote, to wit:
AYES: Councilmembers: COHEN, HELLER, PHILLIPS AND MAYOR KORO
NOES: Councilmembers: NONE
ABSENT: Councilmembers: MILLER
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JE�LEONCINI, City Clerk