2003-045RESOLUTION NO. 2003-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE OR NECESSITY WOULD BE
SERVED BY THE ISSUANCE OF AN ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PREMISES
LOCATED AT 1287-A EAST LINCOLN AVENUE,
ANAHEIM, CALIFORNIA (APPLICATION NO. 2002-
00009)
WHEREAS, pursuant to applicable provisions of the Business
and Professions Code, the Department of Alcoholic Beverage
Control (the "Department") is charged with the responsibility of
reviewing applications and issuance of licenses ("licenses") for
the sale and/or manufacture of alcoholic beverages in the State
of California; and
WHEREAS, Section 23958 of the Business and Professions Code
provides that the Department shall deny an application for a
license if issuance of that license would tend to create a law
enforcement problem, or if issuance would result in or add to an
undue concentration of licenses, except as provided in Section
23958.4 of said Business and Professions Code; and
WHEREAS, Section 23958.4 of the Business and Professions
Code provides that, notwithstanding the limitations of Section
23958, the Department shall issue a license if the applicant
shows that public convenience or necessity would be served by the
issuance of such license; and
WHEREAS, said Section 23958.4 further provides that the
determination of "public convenience or necessity" shall be made
by the Department with regard to certain applications, and shall
be made by the local governing body of the area in which the
applicant premises are located with regard to certain other
applications; and
WHEREAS, as a local governing body within the meaning of
said Section 23958.4 of the Business and Professions Code, the
City Council of the City of Anaheim (hereinafter the ~City
Council") has heretofore adopted Anaheim City Council Resolution
No. 95R-134 delegating determinations regarding "public
convenience or necessity" which determinations are otherwise
within the authority of the City Council to the Planning
Commission of the City of Anaheim, and establishing procedures
for the processing of such determinations, including the appeal
of such determinations to the City Council, and providing for
certain other procedural matters concerning the review and
issuance of such licenses by the Department; and
WHEREAS, the Anaheim City Planning Commission (hereinafter
the ~Planning Commission") did receive an application from the
owner or operator of the premises located at 1287-A E. Lincoln
Avenue, Anaheim, California (hereinafter the "premises") for a
determination of public convenience or necessity to permit the
sale and off-premises consumption of beer and wine (Type 20
license) in conjunction with a legally non-conforming convenience
market located on the premises (hereinafter the "application");
and
WHEREAS, the Planning Commission did hold a duly noticed
public hearing to consider said application on January 27, 2003,
and did receive and consider evidence and testimony for and
against the application, and following said public hearing
adopted its Resolution No. PC2003-17 denying said application and
determining that the public convenience or necessity would not be
served by the proposed sale and off-premises consumption of beer
and wine on the premises; and
WHEREAS, within the time prescribed by law, the owner or
operator of the premises did appeal the decision of the Planning
Commission to the City Council; and
WHEREAS, on March 18, 2003, the City Council did hold a duly
noticed public hearing to consider said application and did
receive and consider evidence and testimony for and against the
application, and based thereon does hereby make the findings and
determinations hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the public convenience and necessity would
be served by the issuance of a license by the Department as
requested in the application for the following reasons:
1. The premises consists of approximately 4.2 acres of
land located at 1287-A East Lincoln Avenue, Anaheim, California,
and is located in the Commercial, Limited ("CL") Zone of the City
of Anaheim; and
2. The owner or operator of the premises proposes to sell
beer and wine for off-premises consumption in connection with an
existing, legal non-conforming convenience market on the premises
and has applied for a Type 20 license from the Department to sell
beer and wine for off-premises consumption within the convenience
market currently operated on the premises; and
3. The premises is located in a geographical area which
would allow up to five off-sale retail licenses pursuant to the
provisions of Section 23958.4 of the Business and Professions
Code of the State of California; and
2
4. That four off-sale retail licenses currently exist in
the geographical area in which the premises is located; and
5. Convenience markets offer an alternative to
supermarkets for customers desiring to make quick purchases of
grocery and related items; and
6. Other equally convenient alternatives for the purchase
of beer and wine for off-premises consumption are not currently
available in the area of the premises.
BE IT FURTHER RESOLVED that, for the reasons hereinabove set
forth, said application to determine that the public convenience
or necessity would be served by the approval of said license is
hereby approved.
THE FOREGOING RESOLUTION of the City/~ouncil ~f~the
City
of
Anaheim is adopted and approved this 18t/~ay offish, 2003.
MAYOR ~-~ CITY OF ANAHEIM
ATTE S T:
CI/~Y CLERK/OF ~HE CITY OF ANAHEIM
48787.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2003R-.45 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 18th day of March, 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Chavez, Hemandez, McCracken, Pringle, Tait
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
LERK'~:)F TH~: CITY'OF ANAHEIM
(SEAL)