HomeMy WebLinkAboutCC Resolution 9697 (Cornucopia Gourmet Gifts Liquor License)RESOLUTION NO. 8637
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
APPROVING A REQUEST FOR FINDING OF PUBLIC
CONVENIENCE AND NECESSITY IN ISSUANCE OF
OFF -SALE LIQUOR LICENSE AT 1241 ANDERSEN DRIVE,
(CORNUCOPIA GOURMET GIFTS) SUITE I
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 with such a license 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, the burden is upon the applicant for such a liquor license to
demonstrate that public convenience and necessity will be served by Issuance
of such a license despite the existence of an undue concentration of such
licenses; and
WHEREAS, Cornucopia Gourmet Gifts, ("Applicant") has submitted an
application to the Department of Alcohol and Beverage Control for a Off -sale
public premises beer and wine permit for a mail order business located at 1241
Andersen Drive, Suite I, in San Rafael; and
WHEREAS, the Department of Alcohol Beverage Control has Issued a
determination that there is an undue concentration of such off -sale public
premises beer and wine permits within the census tract in which the Applicant's
business will be located; and
WHEREAS, 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 public premises beer and wine permit at
such business; and
WHEREAS, the Chief of Police has submitted a report to the City Council
evaluating the criteria established by Resolution 9450 with respect to the
Applicant's request for a funding of public convenience and necessity, in which
the Chief of Police has concluded that the Applicant has 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
approved; and
WHEREAS, the City Council has considered the Police Chief's report, and
has considered the Applicant's 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 and
makes the following orders and directions:
1. There are ten existing off -sale public premises beer and wine
licenses in the same census tract (Census Tract 1122), which exceeds the
county average by three licenses before the addition of the license
requested by Applicant;
2. The average of "reported crimes" in the city of San Rafael was 125.91
per Police Reporting Zone in 1995, whereas there were 85 such "reported
crimes" In the Police Reporting Zone 41 in 1995, which is not exceeding
the 20% above average level specified In Criterion 4 in Resolution 9450;
3, There are no incompatible facilities located within a 1,000 foot radius of
the location;
4. The Applicant has demonstrated that issuance of a license to
Applicant will serve a segment of the City's businesses or residents that
are not presently being served; and there has not been any evidence
supplied by any parties, that shows that public convenience and
necessity will not be served by issuance of the off -sale public premises
license to Applicant at the location of Applicant's business at 1241
Andersen Drive, Suite 1, San Rafael;
5. The City Council directs that Applicant's application to the City of San
Rafael for a determination of public convenience and necessity be
approved, and that the City Clerk mail copies of this Resolution to
Applicant and the 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 sixteenth day of
September 1996, by the following vote, to wit:
AYES: COUNCiLMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
J N�A.
LEONCINI, City Clerk
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