HomeMy WebLinkAboutCC Resolution 9604 (981 Francisco Blvd Liquor License)RESOLUTION NO. 9604
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
DENYING REQUEST FOR FINDING OF PUBLIC
CONVENIENCE AND NECESSITY IN ISSUANCE OF
OFF -SALE LIQUOR LICENSE AT 981 FRANCISCO BOULEVARD
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, Spirit Enterprises, Inc., ("Applicant") has submitted an
application to the Department of Alcohol and Beverage Control for a Type 20
Off- premises beer and wine permit for a FASTBREAK food mart and gasoline
station located at 981 Francisco Boulevard, in San Rafael; and
WHEREAS, the Department of Alcohol Beverage Control has Issued a
determination that there is an undue concentration of such off -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 on -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 had not 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
denied; and
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WHEREAS, the City Council has considered the Police Chief's 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 and
makes the following orders and directions:
1. There are nine existing off -premises beer and wine licenses In the same
census tract (Census Tract 1122), which exceeds the county average by
two licenses before the addition of the license requested by Applicant;
2. The average of "reported crimes" in the city of San Rafael was 130.6
per Police Reporting Zone in 1995, whereas there were 262 such "reported
crimes" in the Police Reporting Zone 20 in 1995, which is 100% over the
average, five times more than the critical 20% above average level
specified in Criterion 4 in Resolution 9450;
3. There are incompatible facilities located within a 1,000 foot radius of
the location: Canal Child Care Center, licensed fro 72 children located at
46 Louise; and Canal Community Alliance, Canal ministry, Drunk Driving
Referral Office, and a Senior Center located at 91 Larkspur;
4. There is another business with an off -premises beer and wine license
within 1/10 mile of the location of Applicant's business;
5. The Applicant has not 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;
6. The Applicant has not demonstrated, nor has there been any other
evidence supplied by any other parties, that shows that public
convenience and necessity will be served by issuance of the off -premises
license to Applicant at the location of Applicant's business;
7. The City Council finds that no information supplied by the Applicant, or
other competent evidence, shows that public convenience or necessity
will be served by issuance of an off -premises liquor license to Applicant at
the location of Applicant's business at 981 Francisco Boulevard;
8. The City Council directs that Applicant's application to the City of San
Rafael for a determination of public convenience and necessity be
denied, and that the City Clerk mail copies of this Resolution to Applicant
and the Department of Alcohol Beverage Control.
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1, 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 sixth day of May,
1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
AKNE M. LEONCINI, City Clerk
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