99-012RESOLUTION N0. 99R- 12
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 2180 WEST BALL ROAD, ANAHEIM,
CALIFORNIA (APPLICATION NO. 98-05)
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 pro~Tided 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 Sectio~~
23958, the Department shall iss~.e a license if the applican*_
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
1
WHEREAS, the Anaheim City Planning Commission (hereinafter
the "Planning Commission") did receive an application from the
owner or operator of the premises located at 2180 West Ball Road,
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 in conjunction
with a gasoline service station and accessory convenience market
proposed to be located on the premises (hereinafter the
"application"); and
WHEREAS, the Planning Commission dial hold a duly noticed
public hearing to consider said application on September 14,
1998, and did receive and consider evidence and testimony for and
against the application, and following said public hearing
adopted its Resolution No. PC98R-144 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, following a duly noticed public hearing on October
20, 1998, the City Council adopted its Resolution No. 98R-235
denying said request and affirming the decision of. the Planning
Commission; and
WHEREAS, thereafter, within the time permitted by law, the
applicant filed an application for a rehearing with the City
Council which application for rehearing was granted and the
matter scheduled and duly noticed for a new hearing by the City
Council; and
WHEREAS, on January 12, 1998, the City Council did hold a
duly noticed public hearing (rehearing) 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 0.52 acres of
land located at the southwest corner of Ball Road and Brookhurst
Street, in the City of Anaheim, California, and is located in the
Commercial, Limited ("CL") Zone of the City of Anaheim; and
2
2. The owner or operator of the premises proposes to
operate a gasoline service station and convenience market on the
premises and has applied for a license from the Department to
sell beer and wine for off-premises consumption within the
convenience market to be operated on the premises; and
3. The premises is located in a geographical area which
would allow up to three off-sale retail licenses pursuant to the
provisions of Section 23958.4 of the Business and Professions
Code of the State of California; and
4. That one off-sale retail license currently exists in
the geographical area in which the premises is located; and
5. Convenience markets at gasoline service stations offer
an alternative to supermarkets for customers desiring to make
quick purchases of grocery and related items; and
6. The public convenience would be served by allowing
customers to make only one stop for grocery and related items and
to be able to purchase beer and wine items on the premises for
off-premises consumption; and
7. Sale of beer will be limited to quantities of six packs
or greater and the sale of wine coolers wil]_ be limited t.o
quantities of four packs or greater.
8. Other equally convenient alternatives for the p~.lrchase
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 Council of the City of
Anaheim is adopted and approved this 12th day of nuary, 1998.
MAY R OF THE CITY OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
29013.1
3
WI~Hb'NV ~O J.110 3Hl ~O ~ib~l0 AllO
'6666 4}Z6 tienuep uo wlayeuy;o
/C}l0 ay};o llouno0 ~l0 ay} ~(q pa}dope pue passed ~(lnp seen Z 6-166 'oN uol}nlosa~ ;o leul6uo ay}
s! 6woBa~o; ay} }ey} ~4lUao /~gaaay op `ualayeuy;o ~(}l0 ay};o ~i~al0 ~}!O `THOS 'N b2iON03~ 'I
(~b'3S)
W13H'dNt/ ~O ~lll0 3Hl ~O ~12i~10 ~lll0
~~rG~ ~ ~~
'6666 'tienuep;o ~(ep y}Z6 sly} wlayeuy
;o ~(}l0 ay};o leas lelol~o ay} paw}}e pue puey qua }as o}unaaay aney I '~03~18HM SS~NlIM NI
'6666 `/~enuep;o ~(ep y}Z6 ay} uo Z6-b66 'oN
uol}nlosa~l pies pau6ls ualayeuy ;o ~(}l0 ay} ;o ~o~(eW ay} }ey} l.~llb30 2i3H12if1~ I aNb'
}1el
}1el
ilea
ua~{oe~OoW `6wa~{ `sneypla~
S~188W8W ~IONf100RiO~lb'W
~S2i38W8W ~IONf100210.1b'W
~S2i38W3W ~IONf1002101.`dW
~SZI38W3W ~IONfIOORiO.I`dW
1N~S8b' 'dW81
~43NIb'1S8`d
~S30N
~S3.lt~
:;oaaay}
s~aquaaw ay};o a}on 6ulnnollo3 ay} ~(q `6666 tienuep;o ~(ep y}Z6 ay} uo play llouno0 ~(}l0 ualayeuy
ay;;o `Mel ~(q paplnad Bul}aaw aeln6a~ a;e pa}dope pue paonpoa}ul seM Z6-2i66'oN uol}nlosa~
6ulo6aao; ay} }ey} ~l}~ao ~(gaaay op 'ualayeuy;o i(}10 ay};o ~i~al0 ~}!O `MHOS ~N `d2iON08~ 'I
( W13Hb'Nt/ ~O J~110
~ss ( ~ON`d2i0 ~O AlNf100
( b'IN2lO~I~b'O ~O 31`d1S