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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 %D 01� Ur,161NA1 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. �J 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 3