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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. 1 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. 3 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)