HomeMy WebLinkAboutCC Resolution 10299 (Liquor Licenses Procedures)RESOLUTION NO. 10299
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL RESCINDING RESOLUTION NO. 9450, AND ADOPTING
REVISED 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 ALCOHOLIC BEVERAGE CONTROL
WHEREAS, Business and Professions Code Sections 23958 and 23958.4 condition
issuance of all off -sale liquor licenses, and certain on -sale liquor licenses, upon a determination by
the local governing body or its designated subordinate body or officer that public convenience or
necessity will be served by issuance of a license, where the Department of Alcoholic 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;
WHEREAS, the City Council of the City of San Rafael previously adopted Resolution No.
9450, which established the existing procedures and criteria for the determination of such liquor
license public convenience or necessity; and
WHEREAS, the City Council for the City of San Rafael desires to revise the procedures
and criteria for the future determination of such liquor license public convenience or necessity;
NOW THEREFORE, the City Council for the City of San Rafael does hereby resolve as
follows:
Resolution No. 9450 is hereby rescinded, provided that the determination of public
convenience or necessity as to the liquor license application now pending before the City Council
shall be subject to said Resolution.
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 hereafter as follows.
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I. Annlication and Fees
A completed application for a determination of public convenience or necessity, in a form
prescribed by the Community Development Director, shall be filed by the applicant with the
Community Development Department, together with such application processing fee as may
hereafter be set from time to time as part of the City Council's Master Fee Schedule Resolution.
II. Review and Processing of Annlication
The determination of public convenience or necessity shall be made by the Community
Development Director or the Community Development Director's designee, except that such
determination shall be made by the Planning Commission in any case where the applicant is
required to obtain a separate use permit or other land use permit that otherwise would be considered
by the Planning Commission.
Within 90 days following receipt of the completed PCN application, the Community
Development Director or the Community Development Director's designee shall set the application
for hearing and determination in accordance with the criteria provided in Section III. In the case of
a PCN application for which a separate use permit or other land use permit is required, the PCN
application shall not be deemed complete unless the application for the separate use permit or other
land use permit is also complete.
The Police Department shall provide input with respect to such criteria as relate to criminal
activity and security issues, together with any proposed operational conditions to address such
issues.
Mailed notice of the hearing date on the determination shall be provided to property owners
within 300 feet of the subject property, and to any other persons who have a written request for
notice on file with the Community Development Department, at least ten calendar days prior to the
hearing.
The burden shall be placed upon the applicant to show that public convenience or necessity
will be served by issuance of the license according to the criteria established hereafter.
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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.
A decision approving or denying a determination of public convenience or necessity may be
appealed by the applicant or any other interested party to the City Council by filing a written appeal
within five (5) business days of the decision with the Community Development Department
together with any required filing fee. Such an appeal shall be subject to the appeal procedures
prescribed in San Rafael Municipal Code Chapter 14.28.
The Community Development Department shall give written notice of any final decision
approving or denying a determination of public convenience or necessity to the Department of
Alcoholic Beverage Control.
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, and facilities designed and operated to serve minors.
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(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 the issuance of the license will promote the goals and policies of the City's
General Plan, any applicable specific plan, or any similar policies that have been formally adopted
by the City Council.
(7) 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.
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 17th day of AUGUST , 1998, by the following
vote to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
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