HomeMy WebLinkAboutCC Resolution 9803 (Whole Foods Liquor License)RESOLUTION NO. 9 go 3
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY IN ISSUANCE OF
OFF -SALE LIQUOR LICENSE AT 340 THIRD STREET,
WHOLE FOODS MARKET
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, Whole foods Market, Inc. 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 340 Third 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 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 City Council adopts as its own the findings contained in the Police Department investigation relating
to the criteria estblished 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 permit; and
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; therefore
The City Council approves a certificate of Public Convenience and Necessity for Whole Foods Market,
Inc., located at 340 Third Street, to operate an Off -Sale Beer and Wine 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 Council of said City on
Monday, the third day of March, 1997, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miller
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J A M. LEONNI, Ci Clerk
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