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File #: 19-507    Version: 1 Name:
Type: Consent Item Status: Passed
File created: 8/22/2019 In control: City Council/Public Finance and Economic Development Authority/Parking Authority
On agenda: 9/16/2019 Final action: 9/16/2019
Title: SUBJECT: Approval of a Finding of Public Convenience or Necessity for the New Arco AMPM to be Located at 3297 Santa Fe Avenue (Land Use Determination #19-02) REPORT IN BRIEF 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 20 alcohol license (off-sale general allowing the sale of beer and wine) for the new Arco AMPM to be located at 3297 Santa Fe Avenue. RECOMMENDATION City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow Arco AMPM, to be located at 3297 Santa Fe Avenue, to obtain a Type 20 ABC license for off-sale general allowing the sale of beer and wine (Option #1 as shown in the "Council Action" section of this Administrative Report).
Attachments: 1. Attachment 1 - Provisions of Undue Concentration.pdf, 2. Attachment 2 - Factors in Determining Public Convenience or Necessity.pdf, 3. Attachment 3 - Location Map.pdf, 4. Attachment 4 - License Types.pdf, 5. Attachment 5 - ABC Census Tract Map, 6. Attachment 6 - Site Plan and Floor Plan.pdf, 7. Attachment 7 - Sensitive Uses.pdf, 8. Attachment 8 - Letter from the Applicant.pdf, 9. Attachment 9 - CIty-Wide Hot Spot Map.pdf, 10. Attachment 10 - Incidents within 500 feet fo Subject Site.pdf, 11. Attachment 11 - Res. #4018 CUP #1229(Alc sales off-site for new gas station).pdf

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

Title
SUBJECT: Approval of a Finding of Public Convenience or Necessity for the New Arco AMPM to be Located at 3297 Santa Fe Avenue (Land Use Determination #19-02)

REPORT IN BRIEF
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 20 alcohol license (off-sale general allowing the sale of beer and wine) for the new Arco AMPM to be located at 3297 Santa Fe Avenue.

RECOMMENDATION
City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow Arco AMPM, to be located at 3297 Santa Fe Avenue, to obtain a Type 20 ABC license for off-sale general 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 (Option #1); or,
2. Approve, subject to modifications as conditioned by Council; or,
3. Deny the request completely and provide direction to staff on the reasons for denying the request (Option #2); 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. This regulation also applies if a business is applying for a new ABC license (as opposed to buying an existing license) within a Census Tract that is not over concentrated with alcohol licenses. In this case, Arco AMPM is purchasing a new ABC license and will be loca...

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