File #: 21-178    Version: 1 Name:
Type: Consent Item Status: Passed
File created: 2/19/2021 In control: City Council/Public Finance and Economic Development Authority/Parking Authority
On agenda: 3/15/2021 Final action: 3/15/2021
Title: SUBJECT: Land Use Determination #21-01- Finding of Public Convenience or Necessity for 7-Eleven Gas Station and Convenience Market Located at the Northeast Corner of Yosemite Avenue and G Street as Required by the Department of Alcoholic Beverage Control to Issue a Type 20 Alcohol License Which Allows the Sale of Beer and Wine REPORT IN BRIEF Considers making a Finding of Public Convenience or Necessity (PCN), as required by the Department of Alcoholic Beverage Control (ABC) to issue a Type 20 alcohol license (off-sale allowing the sale of beer and wine) for 7-Eleven Gas Station and Convenience Market located at the northeast corner of Yosemite Avenue and G Street. RECOMMENDATION City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow 7-Eleven Gas Station and Convenience Market, located at the northeast corner of Yosemite Avenue and G Street, to obtain a Type 20 license for off-sale allowing the sale of beer and wine (Option #1 as shown in t...
Attachments: 1. Factors in Determining Public Convenience or Necessity, 2. Location Map, 3. ABC License Types, 4. Census Tract Map, 5. Floor Plan, 6. Sensitive Uses Map, 7. Letter from Applicant, 8. Incidents within 500 feet of Subject Site, 9. Planning Commission Resolution

Report Prepared by: Michael Hren, Principal Planner, Development Services Department

Title
SUBJECT: Land Use Determination #21-01- Finding of Public Convenience or Necessity for 7-Eleven Gas Station and Convenience Market Located at the Northeast Corner of Yosemite Avenue and G Street as Required by the Department of Alcoholic Beverage Control to Issue a Type 20 Alcohol License Which Allows the Sale of Beer and Wine

REPORT IN BRIEF
Considers making a Finding of Public Convenience or Necessity (PCN), as required by the Department of Alcoholic Beverage Control (ABC) to issue a Type 20 alcohol license (off-sale allowing the sale of beer and wine) for 7-Eleven Gas Station and Convenience Market located at the northeast corner of Yosemite Avenue and G Street.

RECOMMENDATION
City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow 7-Eleven Gas Station and Convenience Market, located at the northeast corner of Yosemite Avenue and G Street, to obtain a Type 20 license for off-sale allowing the sale of beer and wine (Option #1 as shown in the "Council Action" section of this Administrative Report).

Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to modifications as conditioned by Council; or,
3. Deny; or,
4. Refer back to staff for reconsideration of specific items as requested by Council; or,
5. Continue item to a future City Council meeting (date and time to be specified in the motion).

AUTHORITY
Business and Professions Code Section 23817.7 and 23958.4.

CITY COUNCIL PRIORITIES
Not applicable.

DISCUSSION
Section 23817.5 of the Business and Professions code permanently established a moratorium on the issuance of off-sale beer and wine licenses (Type 20) in cities and counties where the ration of Type 20 licenses exceed one for each 2,500 inhabitants. The City of Merced is subject to this moratorium. Pursuant to Section 23817.7 of the Business and Professions code, California's Bur...

Click here for full text