2004-172RESOLUTION NO. 2004- 172
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 611 SOUTH
BROOKHURST STREET, ANAHEIM, CALIFORNIA
(APPLICATION NO. 2004-00015)
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 611
South Brookhurst Street, Anaheim, California (hereinafter the "premises") for a determination of
public convenience or necessity to permit the sale for off-premises consumption of alcoholic
beverages in conjunction with a proposed pharmacy 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 17, 2004, and did receive and consider evidence and testimony for
and against the application, and following said public hearing adopted its Resolution No. PC2004-56
approving said application and determining that the public convenience or necessity would be
served by the proposed sale for off-premises consumption of alcoholic beverages on the premises;
and
WHEREAS, within the time prescribed by law, a member of the public did appeal
the decision of the Planning Commission to the City Council; and
WHEREAS, on August 3, 2004, 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 be served by the issuance of a license by
the Department as requested in the application for the following reasons:
1. That the petitioner demonstrated that the sale of alcoholic beverages would be a very
minor portion of the proposed business (less than 10%) retail sales.
2. That the accessory sale of alcoholic beverages, as proposed and as approved, will not
have a negative impact on the surrounding area due to the operational characteristics including those
identified in the company's 2002 Policy Information On the Sale of Alcoholic Beverages provided
to the Planning Commission and included as an attachment to the staff report dated May 17, 2004.
3. That the public convenience or necessity will be served because the petitioner would
be the only such retailer (full service pharmacy/drug store and general merchandise) in the area that
would offer alcoholic beverages for off-premises consumption.
4. That one person indicated their presence at the public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby determine
that the public convenience or necessity will be served by the issuance of a license for retail sales
of alcoholic beverages for off-premises consumption in conjunction with a proposed drive through
pharmacy, at this location.
1. That the off premises sale of alcoholic beverages shall expire one (1) year from the date of
occupancy.
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2. That there shall be no exterior advertising or sign of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall
constitute a violation of this condition.
3. That no display of alcoholic beverages shall be located outside of a building or within five
(5) feet of any public entrance to the building. Said information shall be specifically shown on plans
submitted for building permits.
4. That the area of alcoholic beverage displays shall not exceed ten percent (10%) of the total
display area in a building.
5. That the sale of alcoholic beverages shall be made to customers only when the customer is
in the building.
6. That no person under eighteen (18) years of age shall sell or be permitted to sell any alcoholic
beverages without approval of a store supervisor twenty-one (21) years of age or older.
7. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack,
and that wine coolers shall not be sold in packages containing less than a four (4) pack.
8. That the possession of alcoholic beverages in open containers and the consumption of
alcoholic beverages are prohibited on or around these premises.
9. That the parking lot of the premises shall be equipped with decorative lighting of sufficient
power to illuminate and make easily discernible the appearance and conduct of all persons on or
about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy
and use of any neighboring residences. Said information shall be specifically shown on plans
submitted for building permits.
10. That there shall be no amusement machines, video game devices, or pool tables maintained
upon the premises at any time.
11. That there shall be no public telephones on the property that are located outside the building
and within the control of the applicant.
12. That the gross sales of alcoholic beverages shall not exceed thirty-five percent (35%) of all
retail sales during any three (3) month period. The applicant shall maintain records on a quarterly
basis indicating the separate amounts of sales of alcoholic beverages and other items. These records
shall be made available for inspection by any City of Anaheim official when requested.
13. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
14. That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
15. That prior to issuance of a building permit, or within a period of one (1) year from the date
of this resolution, whichever occurs first, Condition Nos. 3 and 9, above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
16. That prior to final building and zoning inspections, Condition No. 14, above-mentioned, shall
be complied with.
17. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any action or findings as to compliance
or approval of the request regarding any other applicable ordinance, regulation or requirement.
18. That ingress/egress to the site for all deliveries by tractor-trailer trucks shall be limited to
Brookhurst Street. At no time shall any tractor-trailer trucks enter or exit the site from Orange
Avenue."
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 3rd day of August, 2004, by the following roll call vote:
AYES: Mayor Pringle, Council Members McCracken, Chavez, Hernandez
NOES: None
ABSENT: None
ABSTAIN: Council Member Ta5t
C~T-Y CLEf~K OF~THE CITY OF ANAHEIM
55174.1
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