99-079RESOLUTION NO. 99R- 79
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 727 SOUTH EAST STREET, ANAHEIM,
CALIFORNIA (APPLICATION NO. 99-03)
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
727 South East Street, 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 at an existing proposed gasoline service station and
accessory 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 March 1,
1999, and did receive and consider evidence and testimony for and
against the application, and following said public hearing
adopted its Resolution No. PC99-39 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 April 27, 1999, 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. The premises consists of approximately 0.49 acres of
land located at the northwest corner of South Street and East
Street, in the City of Anaheim, California, and is located in the
Industrial, Limited ("ML") Zone of the City of Anaheim; and
2. The owner or operator of the premises operates 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 operated on the premises; and
3. The premises is located in a geographical area which
would allow up to four 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 five off-sale retail license currently exists in
the geographical area in which the premises is located; and
5. The proposed license is not necessary since the
convenience market is only an accessory use to the primary use of
the premises as a gasoline service station and adequate off-sale
retail establishments currently exist in the area of the premises
to conveniently serve the public.
6. The proposed license is not necessary to meet any
special interest or needs of the residents or businesses in the
area which are not currently being adequately satisfied by other
similar establishments in the area.
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 27th day of April,
1999.
ATT~ y ~
CITY CLERK OF T CiTY OF ANAHEI~
MA~OR O~F T HEIM
30752.1
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. 99R-79 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 27th day of April, 1999, by the following vote of the members
thereof:
AYES:
NOES:
TEMPT.ABSENT:
ABSTAINED:
MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly
MAYOR/COUNCIL MEMBERS: Kring
MAYOR/COUNCIL MEMBERS: Tait
MAYOR/COUNCiL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 99R-79 on the 27th day of April, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 27th day of April, 1999.
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. 99R-79 was duly passed and adopted by the City Council of the City
of Ariahelm on April 27th, 1999.
CITY CLERK OF THE CITY OF ANAHEIM