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HomeMy WebLinkAboutCC Resolution 9640 (1615 Fourth St Liquor License)RESOLUTION NO. 9 6 4 0 A RESOLUTION OF THE CITY OF SAN RAFAEL CITY COUNCIL APPROVING A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE AND NECESSITY AND ISSUANCE OF A LIQUOR LICENSE AT 1615 FOURTH STREET WHEREAS, California Business and Professions Code, Sections 23958 - 23958.4, conditions issuance of a Liquor License upon a determination by the local City Council that the Public Convenience and Necessity will be served by the issuance of the license, where the Department of Alcohol Beverage Control has determined there is an undue concentration of such licenses in the census tract in which the business with which such license 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, burden is upon the Applicant for such a liquor license to demonstrate the Public Convenience and Necessity will be served by issuance of such license despite the existence of undue concentration of such licenses; and WHEREAS, Mr. Adam Violante and Mr. Jason Bennett, submitted an application to the Department of Alcohol Beverage Control for an On -sale Public Premises Beer & Wine Permit for a restaurant located at 1615 Fourth Street in San Rafael; and WHEREAS, the Department of Alcohol Beverage Control has issued a determination that there is an undue concentration of such On -sale Public Premises Beer & Wine Permits within the census tract 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 Public Premises Beer & Wine Permit at such business; and WHEREAS, the Chief of Police 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 Chief of Police concluded that the Applicant did not meet the burden of demonstrating that Public Convenience and Necessity would be served by issuance of such a permit, and the Chief of Police recommended that such a request be denied; and WHEREAS, the City Council did, on May 20, 1996, conduct a Public Hearing on the request for a Letter of Public Convenience and Necessity for 1615 Fourth Street; and, WHEREAS, the City Council did receive numerous statements of support for the proposed liquor license as well as expressions of concern from neighboring property owners and tenants, NOW, THEREFORE BE IT RESOLVED, that the City Council makes the following findings: 1. While concurring with the evaluations in the April 30 staff report concerning Criteria 1, 3, and 4 in Resolution 9450, the City Council does not concur with the evaluations concerning Criteria 2 and 5, and specifically finds that there is competent countervailing evidence with respect to these latter two criteria that shows that Public Convenience and Necessity will be served by issuance to the Applicants of the requested liquor license, as follows: (a) The Applicants' business, the Pint Size Lounge, will serve a segment of the City's residents that are not currently being served, in that there is no facility, such as that proposed by Applicants, that is presently operated to specifically attract young adults with beer and wine and limited food services. (b) The Applicants' business will serve the principles in the City's Downtown Vision, by providing evening entertainment opportunities. (c) These findings are based upon the evidence in the Applicants' application, testimony of speakers at the Public Hearing on May 20, including the Applicants and persons who indicated they would use the Pint Size Lounge, and the City's Downtown Vision. 2. The Council conditionally accepted the assurances of Mr. Bennett and Mr. Violante that their facility would be operated so as not to present a nuisance with litter, noise, or loitering. BE IT FURTHER RESOLVED, that the Chief of Police is directed to send a letter of Public Convenience and Necessity to the California Department of Alcohol Beverage Control subject to the following conditions: 1. This liquor license is for on sale beer and wine in conjunction with food and beverage service. Other allowed uses include one pool table, a maximum of four pinball machines, a projection -screen and a jukebox. Hours of operation are from 4:00 p.m. to 2:00 a.m. Any additional pool tables or coin-operated amusement devices are not allowed unless a use permit is approved by the Planning Commission. Minors are not permitted in this facility. 2. A floor plan showing the location of the proposed facilities must be submitted for the approval of the Fire, Police, and Planning Departments. All coin-operated amusement devices and the pool table must be operated in plain view of all persons, unobstructed by screens, blinds, stained windows, or other devices. 3. The maximum occupancy is 49 unless the Fire Department establishes a lower occupancy level. 4. Live entertainment is not permitted unless a use permit is approved by the Planning Commission. Noise generated within the facility shall not exceed 60 dB Ldn as measured outside the building. Exterior doors shall be equipped to close automatically to contain noise. 5. Adequate cooling and ventilation facilities shall be provided so that doors and windows can be closed. The business must be operated in compliance with the City's noise ordinance. 6. The sidewalk in front of the building shall be swept on a daily basis. The applicant is responsible for cleaning litter from the block frontage from 1616 to 1619 Fourth St. on a weekly basis. The applicant shall submit a schedule for sidewalk sweeping to the Planning Director. 7. The applicant must designate a contact person who can be called if there are any complaints. The phone number and name of the person must be made available to the Planning Department, Police Department, and neighbors. The applicant shall convene a committee to facilitate communications and problem resolution between the neighboring property owners and/or tenants. The committee will meet monthly for the first six months of operations. The Planning Department will send a representative to these meetings. 8. The facility will station a door -person at the principal entry, who shall screen clients to deter potentially disorderly customers. The door - person shall also urge people not to congregate in front of the facility. 9. The City Council shall review the operation of this facility six months after liquor sales begin. The City Council reserves the right to request that the Alcohol Beverage Control Commission revoke this liquor license if the operator does not comply with these conditions. 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 on Monday, the 15th day of July, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS:Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Mayor Boro JEA NE M. LEONCINI, City Clerk