97-138RESOLUTION NO. 97R -138
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 301 SOUTH ANAHEIM BOULEVARD,
ANAHEIM, CALIFORNIA (APPLICATION NO. 97 -09)
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
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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
301 South Anaheim Boulevard, 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,
convenience market, drive through car wash, and two fast food
restaurants proposed 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 June 10,
1996, and did receive and consider evidence and testimony for and
against the application, and following said public hearing
adopted its Resolution No. PC97 -73 approving said application and
determining that the public convenience or necessity would 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
decision of the Planning Commission was set for review by 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 t be served by the issuance of a license by the Department
as requested in the application for the following reasons:
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1. That the petitioner requests a Determination of Public
Convenience or Necessity for a Type 20 (Beer and Wine)
Alcoholic Beverage Control (ABC) license to permit the
retail sales of beer and wine for off premises
consumption in conjunction with the proposed
convenience market.
2. That the Anaheim Police Department recommended approval
subject to certain conditions of approval which were
made part of Resolution No. PC97 -72 adopted in
connection with Conditional Use Permit No. 3939 (to
construct 3,750 sq.ft. service station, including a
convenience market with retail sales of beer and wine
for off premises consumption, a drive through car wash,
and two fast food restaurants) granted in conjunction
with this request.
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 15th day of July,
1997.
CITY CLERK OF THE CITY OF ANAHEIM
0023722.01
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MAYOR O V F THE CITY 0 ANAHEIM
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 -138 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, Zemel, Daly
NOES: MAYOR /COUNCIL MEMBERS: Lopez
TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Tait (abstained)
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -138 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 -138 was duly passed and adopted by the City Council of
the City of Anaheim on July 15th, 1997.
CITY CLERK OF THE CITY OF ANAHE