95-134 RESOLUTION NO. 95R-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING PROCEDURES AND
DELEGATING CERTAIN RESPONSIBILITIES RELATING
TO ISSUANCE OF LICENSES BY THE DEPARTMENT OF
ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF
CALIFORNIA AND AUTHORIZING A PROCESSING FEE
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 desires to delegate
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 to
establish a procedure for appeal of such determinations to the
City Council, and to provide for certain other procedural matters
concerning the review and issuance of such licenses by the
Department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim as follows:
1
Section 1. Determinations of Public Convenience or
Necessity. Determinations within the jurisdiction of the City
Council of the City of Anaheim pursuant to subdivision (b) (2) of
Section 23958.4 of the Business and Professions Code as to
whether the public convenience or necessity would be served by
the issuance of a license for premises located within the City of
Anaheim are hereby delegated to the Planning Commission of the
City of Anaheim. The Planning Commission shall conduct a hearing
upon an application for a determination of public convenience or
necessity. Notice of said hearing shall be given in the same
manner as is required for the processing of applications for
conditional use permits as set forth in Section 18.03.060 of the
Anaheim Municipal Code. All interested persons shall be
permitted to provide oral and documentary evidence to the
Planning Commission prior to the determination by the Planning
Commission. The decision of the Planning Commission shall be
final and conclusive in the absence of a timely appeal or request
to review such decision as provided in Section 3 below.
Section 2. Filin~ Fees. Filing fees in the amount
specified in Attachment A to this resolution shall be paid upon
submittal of an application for, or appeal from, the
determination required pursuant to subdivision (b) (2) of Section
23958.4, which fees do not exceed the reasonable cost of
processing the application.
Section 3. Appeals to, or Reviews bv, the City
Council. Any determination of the Planning Commission pursuant
to Section 1 above shall be final and conclusive twenty-two (22)
calendar days following the action thereon, unless within said
twenty-two day period a written appeal is filed with the City
Clerk by any person aggrieved by such determination, or unless
within said period a request to review said decision is made by
two or more members of the City Council, or unless within said
period the Planning Commission requests a review of its decision.
Upon receipt of such timely appeal, or request for review, the
city Clerk shall schedule such matter for a de novo determination
by the City Council. Appeal of the Planning Commission
determination shall be processed in the same manner as is
required for the processing of appeals concerning conditional use
permits as set forth in Sections 18.03.081 through 18.03.084 of
the Anaheim Municipal Code. All interested persons shall be
permitted to provide oral and documentary evidence to the City
Council prior to the determination by the City Council. The
decision of the City Council shall be final and conclusive.
Section 4. SeDarate Zonin~ Actions. The
determination required pursuant to subdivision (b) (2) of Section
23958.4 of the Business and Professions Code, as described in
Section 1 above, shall be a separate determination from any
discretionary zoning decision, if any, as may be required by the
City Zoning Administrator, Planning Commission or city Council
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concerning the approval of such use pursuant to the provisions of
the Anaheim Municipal Code; however, a determination as to
whether the public convenience or necessity would be served by
issuance of the license may be made by the Planning Commission or
City Council at the same time as any discretionary zoning
decision is made by such body provided the notice requirements
set forth in Section 1 and/or Section 3 hereof, as applicable,
have been met. A determination approving a zoning entitlement
for such use shall not constitute, nor be deemed to require, a
determination that the public convenience or necessity would be
served by the issuance of a license by the Department for such
use.
Section 5. Concurrent Processinq. The
determination required pursuant to subdivision (b) (2) of Section
23958.4 of the Business and Professions Code, as described in
Section 1 above, shall be processed concurrently with any
required discretionary zoning decision, to the extent such
concurrent processing is reasonably feasible.
Section 6. Recommendations to the Department of
Alcoholic Beveraqe Control. The Chief of Police of the City of
Anaheim, or his designee, is hereby authorized to provide
information, recommendations, or protests to the Department
concerning those matters described in:
(a) Section 23958 of the Business and Professions
Code; provided, however, no recommendations or protests shall be
made which are contrary to, or in conflict with, any
determination previously made by the Planning Commission or City
Council pursuant to subdivision (b) (2) of Section 23958.4 of the
Business and Professions Code; and
(b) Subdivision (b) (1) of Section 23958.4 of the
Business and Professions Code; provided, however, no
recommendations or protests shall be made which are contrary to,
or in conflict with, any determination previously made by the
Planning Commission or City Council approving any discretionary
zoning entitlement for such use pursuant to applicable provisions
of Title 18 of the Anaheim Municipal Code.
Section 7. License Violations. Nothing contained
in this resolution shall be deemed to prohibit any official,
officer or employee of the Police Department from monitoring and
investigating the activities of establishments licensed by the
Department for possible license violations and to file
accusations with the Department relating to license violations
concerning premises within the City of Anaheim.
THE FOREGOING RESOLUTION of the City Council of the City of
Anaheim is adopted and approved this 11th day of July ,
1995.
MAYOR OF THE CITY OF ~AHEIM
CITY CLERK OF THE CITY OF ANAHEIM
12293.3\J%JHITE\Ju[y 6, 1995 4
STATE OF CAUFORNIA )
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. 95R-134 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 11th day of July, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-134 on
the 11th day of July, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 11th day of July, 1995.
CiTY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is the original
of Resolution No. 95R-134 was duly passed and adopted by the City Council of the City of Anaheim on
July 11th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
FEE SCHEDULE
Determination or Appeal Where
Concurrent Discretionary
Zoning Action is Processed $110.00
Determination or Appeal Where
No Concurrent Discretionary
Zoning Action is Processed $440.00