HomeMy WebLinkAboutCC Resolution 9450 (Liquor Licenses)RESOLUTION NO. 9450
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL ESTABLISHING PROCEDURES AND CRITERIA FOR
DETERMINATION WHETHER PUBLIC CONVENIENCE OR NECESSITY
WILL BE SERVED BY ISSUANCE OF OFF -SALE OR ON -SALE LIQUOR
LICENSES, WHERE A FINDING OF UNDUE CONCENTRATION HAS BEEN
MADE BY THE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL
WHEREAS, the State of California has amended the Business and
Professions Code Sections relating to the issuance of off -sale
licenses and on -sale licenses for the sale of alcoholic beverages,
because of the perceived relationship between an undue
concentration of licenses in a given area and the incidence of
crime in those areas, and the desire by local governments to have
a role in determining whether licenses should be issued where such
concentrations has occurred; and
WHEREAS, Business and Professions Code Sections 23958 and
23958.4 now condition issuance of all off -sale liquor licenses, and
certain on -sale liquor licenses, upon a determination by the local
governing body that public convenience or necessity will be served
by issuance of a license, where the Department of Alcohol Beverage
Control has determined that there is an undue concentration of such
licenses, based upon county -wide averages, in the census tract in
which the proposed license would be located; and
WHEREAS, the City Council as the governing body for the City
of San Rafael, desires to establish procedures and criteria for the
determination of whether public convenience or necessity will be
served by issuance of liquor licenses now subject to local review
and approval;
NOW THEREFORE, the City Council for the City of San Rafael
does hereby resolve as follows:
All off -sale or on sale liquor license applications that
require a local determination of public convenience or necessity as
a condition of issuance of the license, pursuant to Business &
Professions Code Sections 23958 and 23958.4, shall be handled as
provided hereafter.
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I. Annlication and Fees
A completed application in the form attached as Exhibit A, as
may be amended from time to time by the Police Chief to fulfill the
purposes provided herein, shall be filed with the Police Chief,
together with such fees, as may hereafter be established by
Resolution of the City Council, to cover the estimated
administrative expense required for staff review and processing of
the application.
II. Review and Processina of Application
Within 30 days following receipt of the completed application,
the Police Chief will provide the City Council with a report, and
place the matter on the City Council Consent Calendar for approval
or denial of the license, based upon the Police Chief's
consideration of the criteria provided in Section III and the input
from the Planning Director with respect to such criteria.
The City Council may make its determination whether public
convenience or necessity will be served by adoption of the
recommendation of the Police Chief as contained on the Consent
Calendar. Alternatively, the City Council, at its discretion, may
take the matter off the Consent Calendar for determination as a
regular agenda item, or may set the matter for determination at a
public hearing.
For purposes of the Police Chief's recommendation to the City
Council, and the City Council's own action, the burden is upon the
applicant to have shown that public convenience or necessity will
be served by issuance of the license according to the criteria
established hereafter.
A decision to find public convenience or necessity will be
served by issuance of a license may be conditioned on operating
restrictions and other conditions, if the issuance of the license
subject to such conditions is deemed sufficient, after considering
the criteria established hereafter, to serve public convenience or
necessity.
F,
III. Criteria For Determination of Public Convenience or Necessitv
For purposes of determining whether public convenience or
necessity will be served by issuance of an on -sale retail liquor
license or off -sale retail liquor license subject to local
determination, the following criteria shall be considered:
(1) Whether the issuance involves an existing business with
a license which is being transferred to a new location, and which
will not result in an increase in the total number of off -sale
retail liquor licenses or on -sale retail liquor licenses in the
City, or in the census tract in which the business would be
located.
(2) Whether the business, by reason of its location,
character, manner or method of operation, merchandise, or potential
clientele, will serve a segment of the City's businesses or
residents not presently being served.
(3) Whether the business will be located within a 1,000 -foot
radius of incompatible facilities, such as public and private
schools, day care centers, churches, parks, homeless shelters, and
alcohol rehabilitation centers.
(4) Whether the location of the license will be in a crime
data area covered by Police Department statistics, which has a
twenty percent (20%) greater number of reported crimes than the
average number of "reported crimes" for all crime data areas in the
City, over the previous year. For this purpose, "reported crimes"
means reported offenses of criminal homicide, forcible rape,
robbery, aggravated assault, burglary, larceny theft, and motor
vehicle theft, combined with all arrests for other misdemeanor or
felony crimes, except for traffic citations.
(5) Whether the issuance of the license involves an existing
business, which has been located at a site which has had three or
more reported crimes as defined in (4) above within the previous
one year period.
(6) Whether any other information supplied by the applicant,
or other competent evidence shows that public convenience or
necessity will be served by issuance of the license.
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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 City Council of
said City held on Monday the 18th day of September, 1995, by the
following vote to wit:
AYES: COUNCILMEMBERS:Cohen, Heller, Phillips, Zappetimi & IMayor Boro
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
0
JEWNt M. LEONCI#I, City Clerk
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 CONCENTRATION, TO BE ATTACHED TO THIS APPLICATION.,
Date of Application:
Name of Applicant:
Signify type: corporation
partnership
sole proprietor
Address of Applicant:
Type of License:
Address Where Business will be located:
Nature of Business:
Phone numbers of Applicant
Is this a request for a new License?
Is this a relocation of an existing business
to a new address?
If so, give previous business location:
EXHIBIT "A"
Page 2 of Application
Applicant's Basis for Determination of Public Convenience and
Necessity (Please address criteria established in City Council
Resolution No. ):
AFFIDAVIT
I declare under penalty of perjury that I am the owner ,
attorney of the owner , or person with power of attorney from
the owner , for the business involved in this application, and
that the foregoing is true and correct.
Dated:
Name:
Title:
(Signature)