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File #: 19-239    Version: 1 Name:
Type: Consent Item Status: Passed
File created: 4/25/2019 In control: City Council/Public Finance and Economic Development Authority/Parking Authority
On agenda: 5/20/2019 Final action: 5/20/2019
Title: SUBJECT: Approval of a Finding of Public Convenience or Necessity to Allow Beer and Wine Sales for Off-Site Consumption for Exxon Mobil/Mobil Mart Located at 782 Carol Avenue (Land Use Determination #19-01) 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 Exxon Mobil/Mobil Mart located at 782 Carol 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 Exxon Mobil/Mobil Mart located at 782 Carol Avenue.
Attachments: 1. Provisions of Undue Concentration.pdf, 2. Factors Determining Public Convenience or Necessity.pdf, 3. Location Map.pdf, 4. ABC License Type and Privileges.pdf, 5. Site Plan.pdf, 6. Floor Plan.pdf, 7. Elevations.pdf, 8. ABC Census 17 Tract Map, 9. City-Wide Crime Map, 10. Incident Map Near Subject Site (within 500-foot Radius), 11. Sensitive Uses Map, 12. Letter from Applicant.pdf, 13. Conditions of Approval (CUP #1213)

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

Title
SUBJECT: Approval of a Finding of Public Convenience or Necessity to Allow Beer and Wine Sales for Off-Site Consumption for Exxon Mobil/Mobil Mart Located at 782 Carol Avenue (Land Use Determination #19-01)

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 Exxon Mobil/Mobil Mart located at 782 Carol 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 Exxon Mobil/Mobil Mart located at 782 Carol Avenue.

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 specific guidelines provided. This determination ...

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