97-135RESOLUTION NO. 97R -135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE OR NECESSITY WOULD NOT BE
SERVED BY THE ISSUANCE OF AN ALCOHOLIC
BEVERAGE CONTROL LICENSE FOR THE PREMISES
LOCATED AT 2930 WEST LINCOLN AVENUE,
ANAHEIM, CALIFORNIA (APPLICATION NO. 97 -08)
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
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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 2930 West Lincoln
Avenue, Anaheim, California (hereinafter the "premises for a
determination of public convenience or necessity to permit the
sale and off premises consumption of alcoholic beverages at a
proposed convenience market to be located on the premises
(hereinafter the "application and
WHEREAS, the Planning Commission did hold a duly noticed
public hearing to consider said application on May 12, 1997, and
did receive and consider evidence and testimony for and against
the application, and following said public hearing adopted its
Resolution No. PC97 -57 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 July 15, 1997, 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
not be served by the issuance of a license by the Department as
requested in the application for the following reasons:
1. That another ABC liquor license in the underlying
Reporting District 1716 would create an undue over concentration
of licenses in this area (4 permitted; 5 issued);
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2. That the petitioner has not demonstrated that this
request would serve to benefit the public in terms of convenience
or necessity;
3. That an existing convenience market with retail sales
of beer and wine is located immediately adjacent to subject
property (to the west);
4. That there are eleven (11) business with ABC license
within walking distance of subject.
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 denied.
THE FOREGOING RESOLUTION of the City Council of the City of
Anaheim is adopted and approved this 15th day of Jul 1997.
/ten Ps
MAYOR OF THE C Y OF sl.HEIM
ATTEST:
CITY CLERK OF THE CI OF ANAHEIM
0023717.01
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 97R -135 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 15th day of July, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -135 on the 15th day of July, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 15th day of July, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -135 was duly passed and adopted by the City Council of
the City of Anaheim on July 15, 1997.
CITY CLERK OF THE CITY OF ANAHEIM