HomeMy WebLinkAboutCC Resolution 10208 (Spirit Enterprises Liquor License)RESOLUTION NO. 10208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL RESCINDING THE ADOPTION OF RESOLUTION NO. 9604
Whereas, on May 6, 1996, the City Council adopted Resolution No. 9604, denying the
application of Spirit Enterprises for a Certificate of Public Convenience and Necessity for the
issuance of an off -sale liquor license at its convenience store located at 981 Francisco Blvd., San
Rafael; and
Whereas, Spirit Enterprises filed suit in the Superior Court of Marin County and alleged
that City was estopped from denying said Certificate; and
Whereas, on December 11, 1997, the Hon. William T. McGivern, Jr. issued a ruling
against the City and judgment was entered against the City on April 17, 1998; and
Whereas, the judgment of the Court directs the City to rescind Resolution No. 9604 and to
adopt a Resolution granting a Certificate of Public Convenience and Necessity to Spirit Enterprises
for an off -sale liquor license at 981 Francisco Blvd., San Rafael.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
HEREBY RESOLVES AS FOLLOWS:
Resolution No. 9604, adopted by the City Council on May 6, 1996, is hereby RESCINDED
and is no longer of any force and effect.
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 the City of San Rafael, held on Monday, the 18`h day of May, 1998, by the
following vote, to wit:
I
R I
AYES: Councilmembers: COHEN, HELLER, PHILLIPS AND MAYOR BORO
NOES: Councilmembers: NONE
ABSENT: Councilmembers: MILLER
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JE M. LEO CINI, City Clerk