Report Prepared by: Valeria Renteria, Associate Planner, Development Services Department
Title
SUBJECT: Land Use Determination #25-02 - Finding of Public Convenience or Necessity for Vallarta Supermarket for Alcohol Sales for Off-Site Consumption at 851 West Olive Avenue
REPORT IN BRIEF
This report provides options for the City Council to consider making a Finding of Public Convenience or Necessity (PCN), as required by the Department of Alcoholic Beverage Control (ABC) to issue a Type 21 alcohol license (allowing the sale of beer, wine, and spirits for off-site consumption) for a new grocery store located at 851 West Olive Avenue.
RECOMMENDATION
City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow Vallarta Supermarket, located at 851 West Olive Avenue to obtain a Type 21 license for off-site consumption allowing the sale of beer, wine, and spirits (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 the request completely; 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 City Council motion).
AUTHORITY
Business and Professions Code Section 23958 and 23958.4.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
State law mandates that ABC deny the issuance of a license to sell alcohol if the Census Tract in which the license will be issued is considered to have an "undue concentration" of existing alcohol licenses. The exception to this rule is that ABC may issue the license if the local jurisdiction makes a finding of "Public Convenience or Necessity" in support of the issuance of an additional license. However, the phrase "public convenience or necessity" is not defined in either the Alcoholic Beverage Control...
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