File #: 17-533    Version: Name:
Type: Consent Item Status: Passed
File created: 10/17/2017 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 11/20/2017 Final action: 11/20/2017
Title: SUBJECT: Land Use Determination #17-01 - Finding of Public Convenience or Necessity to Allow Beer and Wine Sales for Off-Site Consumption for Madira Land Convenience Store Located at 1340 W. Olive Avenue, Suite #102 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 for Madira Land Convenience Store, located at 1340 W. Olive Avenue, Suite #102. 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 Madira Land Convenience Store located at 1340 W. Olive Avenue, Suite #102.
Attachments: 1. Attachment 1 - Provisions of Undue Concentration.pdf, 2. Attachment 2 - Factors Determining PCN.pdf, 3. Attachment 3 - Location Map.pdf, 4. Attachment 4 - ABC License Types.pdf, 5. Attachment 5 - Site Plan.pdf, 6. Attachment 6 - Floor Plan.pdf, 7. Attachment 7 - Elevation 1.pdf, 8. Attachment 8 - Census Tract Map.pdf, 9. Attachment 9 - Census Tract Chart.pdf, 10. Attachment 10 - City Wide Crime Map.pdf, 11. Attachment 11 - 500 foot radius.pdf, 12. Attachment 12 - Neighborhood Incidents.pdf, 13. Attachment 13 - Commerical Incidents.pdf, 14. Attachment 14 - Sensitive Uses.pdf, 15. Attachment 15 - Letter from Applicant.pdf, 16. Attachment 16 - Draft Conditions of Approval.pdf

Report Prepared by: Francisco Mendoza-Gonzalez, Planner, Development Services

Title
SUBJECT: Land Use Determination #17-01 - Finding of Public Convenience or Necessity to Allow Beer and Wine Sales for Off-Site Consumption for Madira Land Convenience Store Located at 1340 W. Olive Avenue, Suite #102

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 for Madira Land Convenience Store, located at 1340 W. Olive Avenue, Suite #102.

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 Madira Land Convenience Store located at 1340 W. Olive Avenue, Suite #102.

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 Act or in ABC's Implementing Regulations, nor are spe...

Click here for full text