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Home My WebLink AboutCC Resolution 9818 (Celebrations Wine Club Liquor License)RESOLUTION NO. 9 818 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY IN ISSUANCE OF OFF -SALE LIQUOR LICENSE AT 75 PELICAN WAY, CELEBRATIONS WINE CLUB 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 and 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 and necessity; and WHEREAS, Celebrations Wine Club has submitted an application to the Department of Alcohol and Beverage Control for an Off -Sale Beer and Wine permit for a mail-order business located at 75 Pelican Way 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 and 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 and necessity, in which the Department has concluded that the Applicant had met the burden of demonstrating that public convenience and 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 and necessity as contained in the Applicant's application to the City; NOW THEREFORE, the City Council makes the following findings: The Police Department has investigated the matter and believes that there will not be an undue or negative impact on the community surrounding this location, and has submitted a report documenting the investigation; and The City Council adopts as its own the findings contained in the Police Department investigation relating to the criteria established in Resolution 9450; and The Applicant has met the burden of proving that public convenience and necessity will be served by the issuance of this Off -Sale alcohol sales license; and The City Council approves a certificate of Public Convenience and Necessity for Celebrations Wine Club, located at 75 Pelican Way, to operate an Off -Sale Beer and Wine License. 'U' R I 1v i`�I o � 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 twenty-first day of April, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None kkNNE M. LEONCINI, City Clerk MAR -24-1997 03:42 FROM AEC TO 14154853043 P.03 �ZJyor ti & Y AYYL.Ll:AIWN WUkU%. J? i UNDUE CONCEN , RATIOMPUBLIC CONVENIEN(— & NECES= PRIRWSES ADDRESS: LICENSE TYPE: cRoss sxxEFr 1. CRIME REPORTING DISTRICT Jurisdiction unable to provide statistical data.. Reporting District: on Total number of reporting districts: jr Total number of offenses: ,../ 'I of Average number of offenses per district: --a 7 • �` 3 120% of average number of offenses: IS* Total offenses in district: 049 Location is within a high crime reporting district: Yes 0 2. CENSUS TRACT / UNDUE CONCENTRATION Census Tract: ' 11 J i. RATIO Population: Q 1 AV Number of licenses allowed: Number of existing licenses: 1 Undue concentration existsA*C)/ No. Letter of public convenience or necessity required:Governing BoDApplicant. Three time publication required: (ONo Governing Bocbi Person Taking Application Investigator Supervisor i Person Representing Governing Bddy Date i TOTAL P.03 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 (ABC) IN SANTA ROSA. AND OBTAINED ABC DETERMINATION OF UNDUE CONCENTRAT20N. TO BE ATTACHED TO THIS APPLICATION. q I Date of Application: Is- Cjqq Name of Applicant: 6m cL;;e Wo - ri a (I Signify type: corporation partnership sole proprietor Address of Applicant: 1 1 Type of License: D4 Sab _ )gP -e f- a'tJ k) l "_ Address Where Business will be located: I r JAj 16 �. h4 4q Nature of Business: rn GZ.1. Phone numbers of Applicant Is this a request for a new License? yl n Is this a relocation of an existing business to a new address? M e S If so, give previous business location: jq- EXHIBIT '�O A; Page 2 of Application Applicant's Basis for Determination of Public Convenience and Necessity (PleaT4,SD): address criteria established in City Council Resolution No. (1) I began my business, a mail order wine -of -the -month club, in downtown San Rafael in 1994 at 1125 A Street, a building which the owners are demolishing now. Since I wish to transfer my office to another site in San Rafael, I will not be increasing the number of liquor licenses in the city. Instead, I will be relocating to Pelican Way off of E. Francisco Blvd, an area of San Rafael where the density of licenses is less than in the downtown area. (2) Since mine is a mail-order business with 100% of my customers located outside of San Rafael and with 85% of them located outside of California, I will not be serving San Rafael consumers, but I have a growing business and will eventually hire people to help me. of course, I have a business license issued by the city of San Rafael, so in my small way, I am contributing to the economic vitality of this special city. (3) Even though my mail-order business would have no impact on such organizations, there are no schools, day-care centers, churches, parks, homeless shelters, or alcohol rehabilitation centers within a 1,000 foot radius of my location at Pelican Way. (4) & (5) From information that I obtained from the police department, I understand that the Pelican Way neighborhood is not a high -crime area. (6) As I stated above, my mail order wine -of -the -month club will not directly benefit San Rafael consumers, but my business does promote wine, a product which is very important to the economies of Marin, Sonoma, and Napa, so by locating my growing business in San Rafael, I am contributing to the city's economic vitality. L -acct. r-ne roregoing is true ana correct. Dated: s Ma,_� )qgl Name: Title: u01 LAe C (� CITY OF SAN RAFAEL SAN RAFAEL, CALIFORNIA I INTER -DEPARTMENTAL MEMORANDUM ! DATE: April 9, 1997 TO: Thomas Boyd, Captain FROM: Sheila Delimont, Principal Planner 5P SUBJECT: Request for Public Convenience and Necessity Permit - 75 Pelican Way - Celebrations Wine Club This site has a use permit to allow warehousing/ office uses. The wine club will be a wholesale operation which will allow its clients to order wine from their warehouse. This use should be compatible with adjacent uses while having no impact on traffic. It will provide a convenient way for people to have wine delivered directly to their homes. Based on a review of City records, there are no incompatible uses within a 1,000 feet radius of the site. If you have any questions or need more information, please call me. rml6l C