CC - 2010-34 - Adopting Procedures for off-sale or Onsale Liquor License were undue concentration made by the Department of Alcohol and BeverageRESOLUTION 2010-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
ADOPTING PROCEDURES AND CRITERIA FOR DETERMINATION OF
WHETHER PUBLIC CONVENIENCE OR NECESSITY WILL BE
SERVED BY ISSUANCE OF OFF-SALE OR ON-SALE LIQUOR
LICENSES WHERE A FINDING OF UNDUE CONCENTRATION HAS
BEEN MADE BY THE DEPARTMENT OF ALCOHOL BEVERAGE
CONTROL
WHEREAS, Business and Professions Code Sections 23958 and 23958.4
condition issuance of all off-sale liquor licenses, and certain on-sale liquor license, upon
a determination by the local governing body or its designated subordinate body or
officer that public convenience or necessity will be served by issuance of a license,
where the Department of Alcohol Beverage control has determined that there is an
undue concentration of such licenses, based upon county-wide averages, in the census
tract in which the proposed license would be located; and
WHEREAS, a conditional use permit approved by the planning commission is
required in the City of Rosemead for alcohol sales, thus the planning commission is
already charged under the Rosemead Municipal Code with the duty of reviewing
establishments that require a liquor license.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS:
Section 1. All off-sale or on-sale liquor license applications that require a local
determination of public convenience or necessity as a condition of issuance of the
license, pursuant to Business and Professions Code Sections 23958 and 23958.4 shall
be handled hereafter as follows:
1. Application and Fees
A completed application for a determination of public convenience or necessity,
in a form prescribed by the Community Development Director, shall be filed by
the applicant with the Planning Division, together with an application processing
fee equal to that required for general Planning Commission public hearing
requests.
2. Review and Processinq of Application
a. The determination of public convenience or necessity shall be made by the
Planning Commission as a regular, non-public hearing, agenda item.
b. Within 90 days following the receipt of the completed public convenience or
necessity application, the Community Development Director shall set the
application for a determination in accordance with the criteria provided in
section 3. In the case of a public convenience or necessity application for
which a separate conditional use permit is required, the public convenience or
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necessity application shall not be deemed complete unless the application for
the separate conditional use permit is also complete.
c. The Sheriff Department shall provide input with respect to such criteria as
related to criminal activity and security issues, together with any proposed
operational conditions to address such uses.
d. The burden shall be placed upon the applicant to show that public
convenience or necessity will be served by the issuance of the license
according to the criteria established hereafter.
e. A decision to find public convenience or necessity may be conditioned on
operating restrictions and other conditions to ensure that the public
convenience and necessity will be served.
f. A decision approving or denying a determination of public convenience or
necessity may be appealed by the applicant or any other interested party to
the City Council by filing a written appeal within 10 days after the decision of
the Planning Commission together with any required filing fee. Such appeal
shall be subject to the same appeal procedures prescribed in 17.124.070 of
the Rosemead Municipal Code.
g. The Planning Division shall give written notice of any final decision approving
or denying a determination of public convenience or necessity to the
Department of Alcohol Beverage Control.
3. Criteria for Determination of Public Convenience or Necessity.
For purposes of determining whether public convenience or necessity will be
served by issuance of an on-sale retail liquor license or off-sale retail liquor
license, the following criteria may be considered.
a. Whether the issuance involves an existing business with a license which is
being transferred to a new location, and which will not result in an increase in
the total number of off-sale retail liquor licenses or on-sale retail liquor
licenses in the City, or in the census tract in which the business would be
located.
b. Whether the business, by reason of its location, character, manner or method
of operation, merchandise, or potential clientele, will serve a segment of the
City's businesses or residents not presently being served.
c. Whether the business will be located within 1000-foot radius of incompatible
land uses such as public and private schools, day care centers, churches,
parks and alcohol rehabilitation centers and facilities designed to operate and
serve minors.
d. Whether the location of the business will be in a crime data area covered by
Sheriff Department statistics, which has a twenty percent (20%) greater
number of "reported crimes" than the average number of report crimes for all
the crime data areas in the City, over the previous year. For this purpose,
..reported crimes" means reported offenses of criminal homicide, forcible rape,
robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft,
combined with all other arrests for other misdemeanor or felony crimes,
except traffic citations.
e. Whether the issuance of the license involves an existing business, which has
been located at a site which has had three or more "reported crimes" within
the previous one year period.
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f. Whether the issuance of the license would enhance or facilitate the vitality of
an existing commercial area without being detrimental to the health, safety,
and welfare of the community.
g. Whether the off-sale of alcoholic beverages is incidental and appurtenant to a
larger retail use and provides a more complete and convenient shopping
experience.
h. Whether the issuance of the license will promote the goals and policies of the
City's General Plan, any applicable specific plan, or any similar policies that
have been formally adopted by the City Council.
i. Whether any other information supplied by the applicant, or other competent
evidence shows that the public convenience or necessity will be served by the
issuance of the license
Section 2. The Mayor shall sign this resolution and the City Clerk shall attest to
the adoption thereof.
PASSED, APPROVED, AND ADOPTED THIS 8t' DAY OF JUNE, 2010.
aylor, `yor
APPROVED AS TO FORM:
Joseph ity Attorney
ATTEST:
Gloria olleda, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing
Resolution No. 2010-34 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, ADOPTING PROCEDURES AND CRITERIA
FOR DETERMINATION OF WHETHER PUBLIC CONVENIENCE OR NECESSITY WILL
BE SERVED BY ISSUANCE OF OFF-SALE OR ON-SALE LIQUOR LICENSE WHERE A
FINDING OF UNDUE CONCENTRATION HAS BEEN MADE BY THE DEPARTMENT OF
ALCOHOL BEVERAGE CONTROL
was duly and regularly approved and adopted by the Rosemead City Council on the 8th of June,
2010, by the following vote to wit:
Yes: Armenta, Low, Ly, Taylor
No: None
Abstain: None
Absent: Clark
Gloria Molleda
City Clerk
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGE
DATE: JUNE 8, 2010
SUBJECT: ESTABLISHMENT OF PROCEDURES AND CRITERIA FOR
DETERMINATION WHETHER PUBLIC CONVENIENCE OR NECESSITY
WILL BE SERVED BY ISSUANCE OF OFF-SALE OR ON-SALE LIQUOR
LICENSES WHERE A FINDING OF UNDUE CONCENTRATION HAS
BEEN MADE BY THE DEPARTMENT OF ALCOHOL BEVERAGE
CONTROL
SUMMARY
The proposed Resolution No. 2010-34 (Exhibit A) would establish procedures and
criteria for reviewing the public convenience or necessity of issuing alcohol licenses in
areas where the Department of Alcohol Beverage Control has determined an undue
concentration of licenses exists. The resolution designates the Planning Commission as
the decision making body for such findings.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2010-34.
DISCUSSION
The Department of Alcohol and Beverage Control (ABC) is the sole agency that has the
authority to issue alcohol licenses. In certain circumstances where there is an undue
concentration of licenses in a census tract, ABC will not issue a new off-sale license or
certain on-sale licenses unless the local government body first grants a determination of
public convenience or necessity (PCN). The PCN process was established by ABC to
allow a local jurisdiction to consider additional licenses in over-concentrated areas and
determine if the additional licenses would serve the public convenience or necessity. A
PCN can be granted and the alcohol license may be issued by ABC if the local decision
making body or official determines that the public convenience or necessity would be
served by the new license.
The proposed resolution would establish procedures for an applicant to request a PCN
determination. It also contains nine criteria for the decision making body to use when
evaluating whether or not to grant the PCN determination.
ITEM[ NO. 9A
City Council Meeting
June 8, 2010
Page 2 of 2
Business and Professional Code Section 23958.4 allows the local governing body (i.e.,
City Council) or its designated subordinate officer or body to make the PCN finding.
Most recently, the PCN authority has resided with the Mayor. However, it was recently
confirmed that before any other subordinate officer or body is assigned the duty of
determining PCN that the City Council should formally delegate the responsibility in an
adopted resolution.
It is recommended that PCN authority be delegated to the Planning Commission, with
appeal rights to the City Council. The Planning Commission currently considers
Conditional Use Permit (CUP) applications for on-sale and off-sale of alcoholic
beverages, so they have experience reviewing the operational characteristics and land
use impacts of establishments that serve alcohol.
The proposed resolution would set up parallel procedures for the Planning Commission
to also review PCN findings. The processing of PCN findings would most likely happen
simultaneously with the processing of a CUP for new licenses. However, since PCN
determination review is initiated after the applicant has filed for a license with ABC, the
PCN determination may also be done after an alcohol CUP has already been approved
because sometimes an applicant will not make an application with ABC until they have
received approval of their alcohol CUP.
LEGAL REVIEW
This staff report has been reviewed and approved by the City Attorney.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by: *Submifted Paul Garry Senior Planner
evelopment Director
EXHIBITS:
A. Resolution No. 2010-34