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HomeMy WebLinkAboutCC Resolution 9802 (Club San Rafael Liquor License)RESOLUTION NO. 9802 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY IN ISSUANCE OF ON -SALE LIQUOR LICENSE AT 625h DUBOIS STREET, CLUB SAN RAFAEL (OLD PETE'S 881 CLUB) 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 crime in the reporting zone in which the business 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, Club San Rafael has submitted an application to the Department of Alcohol and Beverage Control for an On -Sale Beer and Wine permit for a card club located at 625h Dubois Street in San Rafael and the Department of Alcohol Beverage Control has issued a determination that there is an undue concentration of crime within the reporting zone in which the Applicant's business will be located; and WHEREAS, the 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 license at such business; and WHEREAS, the Police Department has submitted a report to the City Council evaluating the criteria established by Resolution 9450 with respect to the Applicant's request for a finding of public convenience and necessity, in which the Department has concluded that the Applicant had 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 granted; and WHEREAS, the City Council has considered the Police Department 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: The City Council adopts as its own the findings contained in the Police Department investigation relating to the criteria estblished in Resolution 9450; and The Applicant has met the burden of proving that public convenience and necessity will be served by the issuance of this On -Sale alcohol sales permit; and The Police Department has investigated the matter and believes that there will not be an undue or negative impact on the community surrounding this location, and has submitted a report documenting the investigation; therefore The City Council approves a certificate of Public Convenience and Necessity for Club San Rafael, located at 625h Dubois Street, to operate an On -Sale Beer and Wine 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 Council of said City on Monday, the third day of March, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller J= M LEON�ty Clerk 0� 97011 CA%