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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 1 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); 2 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 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 -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