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99-012RESOLUTION N0. 99R- 12 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 2180 WEST BALL ROAD, ANAHEIM, CALIFORNIA (APPLICATION NO. 98-05) 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 pro~Tided 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 Sectio~~ 23958, the Department shall iss~.e a license if the applican*_ 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 1 WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning Commission") did receive an application from the owner or operator of the premises located at 2180 West Ball Road, 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 and accessory convenience market proposed to be located on the premises (hereinafter the "application"); and WHEREAS, the Planning Commission dial hold a duly noticed public hearing to consider said application on September 14, 1998, and did receive and consider evidence and testimony for and against the application, and following said public hearing adopted its Resolution No. PC98R-144 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, following a duly noticed public hearing on October 20, 1998, the City Council adopted its Resolution No. 98R-235 denying said request and affirming the decision of. the Planning Commission; and WHEREAS, thereafter, within the time permitted by law, the applicant filed an application for a rehearing with the City Council which application for rehearing was granted and the matter scheduled and duly noticed for a new hearing by the City Council; and WHEREAS, on January 12, 1998, the City Council did hold a duly noticed public hearing (rehearing) 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. The premises consists of approximately 0.52 acres of land located at the southwest corner of Ball Road and Brookhurst Street, in the City of Anaheim, California, and is located in the Commercial, Limited ("CL") Zone of the City of Anaheim; and 2 2. The owner or operator of the premises proposes to operate a gasoline service station and convenience market on the premises and has applied for a license from the Department to sell beer and wine for off-premises consumption within the convenience market to be operated on the premises; and 3. The premises is located in a geographical area which would allow up to three off-sale retail licenses pursuant to the provisions of Section 23958.4 of the Business and Professions Code of the State of California; and 4. That one off-sale retail license currently exists in the geographical area in which the premises is located; and 5. Convenience markets at gasoline service stations offer an alternative to supermarkets for customers desiring to make quick purchases of grocery and related items; and 6. The public convenience would be served by allowing customers to make only one stop for grocery and related items and to be able to purchase beer and wine items on the premises for off-premises consumption; and 7. Sale of beer will be limited to quantities of six packs or greater and the sale of wine coolers wil]_ be limited t.o quantities of four packs or greater. 8. Other equally convenient alternatives for the p~.lrchase of beer and wine for off-premises consumption are not currently available in the area of the premises. 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 12th day of nuary, 1998. 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