98-267RESOLUTION NO. 98R-267
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 801 SOUTH HARBOR BOULEVARD AND 510
WEST SOURTH STREET, ANAHEIM, CALIFORNIA
(APPLICATION NO. 98-08)
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
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