97-030RESOLUTION NO. 97R
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 A TYPE 21 (GENERAL
LIQUOR) ALCOHOLIC BEVERAGE CONTROL LICENSE
FOR THE PREMISES LOCATED AT 318 NORTH
BROOKHURST STREET, ANAHEIM, CALIFORNIA
(APPLICATION NO. 97 -01)
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 318 N. Brookhurst
Street, Anaheim, California (hereinafter the "premises for a
determination of public convenience or necessity to modify an
existing Type 20 (beer and wine) license to permit the sale and
off premises consumption of general alcohol (Type 21 License) at
an existing 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 6, 1997,
and did receive and consider evidence and testimony for and
against the application, and following said public hearing
adopted its Resolution No. PC97 -3 denying said application and
determining that the public convenience or necessity would not be
served by the proposed sale and off premises consumption of
general alcohol 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 11, 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 Type 21 License by the
Department as requested in the application for the following
reasons:
1. That the Police Department testified the reporting district
in which subject property is located has a crime rate which
is substantially above the average for the City of Anaheim;
2. That the current number of liquor licenses for the
underlying census tract exceeds the number allowed for the
population of said census tract (4 allowed; 6 existing);
3. That subject property is immediately adjacent to a
residential neighborhood, including a pre- school for up to
70 children across Brookhurst Street, and the requested
upgrade to permit sales of general liquor may be detrimental
to the surrounding land uses; and
4. That approval of this request would intensify subject legal
non conforming use.
BE IT FURTHER RESOLVED that, for the reasons hereinabove set
forth, said application to determine that the public convenience
2
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 llth d of 4rch,1997.
MAYOR OF THE CITY O87 ANAHEIM
ATTE
CI CLERK OF THE CITY OF ANAHEIM
0022292.01
3
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 -30 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 11th day of March, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: Daly
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -30 on the 11th day of March, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 11th day of March, 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 -30 was duly passed and adopted by the City Council of
the City of Anaheim on March 11th, 1997.
.>4L4,v -7/( .5.-a„__
CITY CLERK OF THE CITY OF ANAHEIM