File #: 20-459    Version: 1 Name:
Type: Consent Item Status: Passed
File created: 8/17/2020 In control: City Council/Public Finance and Economic Development Authority/Parking Authority/Successor Agency to the Redevelopment Agency
On agenda: 10/5/2020 Final action: 10/5/2020
Title: SUBJECT: Land Use Determination #20-01 - Finding of Public Convenience or Necessity for Insanity Nightclub Located at 427 and 429 W. Main Street as Required by the Department of Alcoholic Beverage Control to Issue a Type 48 Alcohol License Which Allows the Sale of Beer, Wine, and Distilled Spirits 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 48 alcohol license (on-sale general allowing the sale of beer, wine, and distilled spirits) for Insanity Nightclub located at 427 and 429 W. Main Street. RECOMMENDATION City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow Insanity Nightclub, located at 427 and 429 W. Main Street, to obtain a Type 48 license for on-sale general allowing the sale of beer, wine, and distilled spirits (Option #1 as shown in the "Council Action" section...
Attachments: 1. Provisions of Undue Concentration.pdf, 2. Factors in Determining Public Convenience or Necessity.pdf, 3. Location Map.pdf, 4. ABC License Type and Privileges, 5. ABC Census Tract Map, 6. Floor Plan, 7. Sensitive Uses Map, 8. Letter from Applicant.pdf, 9. Building Exterior, 10. Density of Incidents within 500 feet of Subject Site, 11. Resolution #3003 for CUP #1168 (Approval for Bar/Nightclub at this Site)
Report Prepared by: Francisco Mendoza-Gonzalez, Associate Planner, Development Services

Title
SUBJECT: Land Use Determination #20-01 - Finding of Public Convenience or Necessity for Insanity Nightclub Located at 427 and 429 W. Main Street as Required by the Department of Alcoholic Beverage Control to Issue a Type 48 Alcohol License Which Allows the Sale of Beer, Wine, and Distilled Spirits

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 48 alcohol license (on-sale general allowing the sale of beer, wine, and distilled spirits) for Insanity Nightclub located at 427 and 429 W. Main Street.

RECOMMENDATION
City Council - Adopt a motion approving the Finding of Public Convenience or Necessity to allow Insanity Nightclub, located at 427 and 429 W. Main Street, to obtain a Type 48 license for on-sale general allowing the sale of beer, wine, and distilled 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 ...

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