File #: 16-070    Version: 1 Name:
Type: Consent Item Status: Passed
File created: 2/24/2016 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 4/4/2016 Final action: 4/4/2016
Title: SUBJECT: 2020 East Childs Avenue - Land Use Determination 16-01. Finding of Public Convenience or Necessity to Allow Beer and Wine to Be Sold for Off-site Consumption at an Arco AM/PM Gas Station and Convenience store. REPORT IN BRIEF This report provides options for the City Council to consider in making a Finding of Public Convenience or Necessity (PCN), as required by the Department of Alcoholic Beverage Control (ABC) to allow the sale of beer and wine for off-site consumption at a proposed Arco/AM/PM Gas Station and Convenience Store to be located at the southwest corner of Childs and Parsons Avenue (2020 East Childs Avenue). RECOMMENDATION City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow the issuance of a Type 20 Alcohol License (allows the sale of beer and wine for off-site consumption) for the proposed Arco/AM/PM Gas Station Mini-Mart to be located at the southwest corner of Childs and Parsons Avenue.
Attachments: 1. Att 1 - Provisions for Undue Concentration.pdf, 2. Att 2 - Factors in Determining Public Convenience or Necessity.pdf, 3. Att 3 - Locaiton Map_L.pdf, 4. Att 4 - Site Plan 2-25-16.pdf, 5. Att 5 - Sater Oil, The Petrol Franchise Leaders - ARCO AMPM - BP WEST COAST - Conven.pdf, 6. Att 6 - Letter from Sater Oil.pdf, 7. Att 7 - Res#2983 CUP#1158.pdf, 8. Att 8 - SP #395 (2020 E Childs Ave).pdf, 9. Att 9 - Census Tract 17 - Off-sale Licenses.pdf, 10. Att 10 - Sensistive Uses_reduced.pdf, 11. Att 11 - Childs_hotmap.pdf

Report Prepared by: Julie Nelson, Associate Planner

Title
SUBJECT: 2020 East Childs Avenue - Land Use Determination 16-01. Finding of Public Convenience or Necessity to Allow Beer and Wine to Be Sold for Off-site Consumption at an Arco AM/PM Gas Station and Convenience store.

REPORT IN BRIEF
This report provides options for the City Council to consider in making a Finding of Public Convenience or Necessity (PCN), as required by the Department of Alcoholic Beverage Control (ABC) to allow the sale of beer and wine for off-site consumption at a proposed Arco/AM/PM Gas Station and Convenience Store to be located at the southwest corner of Childs and Parsons Avenue (2020 East Childs Avenue).

RECOMMENDATION
City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow the issuance of a Type 20 Alcohol License (allows the sale of beer and wine for off-site consumption) for the proposed Arco/AM/PM Gas Station Mini-Mart to be located at the southwest corner of Childs and Parsons Avenue.

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

AUTHORITY
Business and Profession Code Section 23958 and 23958.4.

DISCUSSION
State law mandates that ABC deny the issuance of a license to sell alcohol if the area 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 nece...

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