97-018RESOLUTION NO. 97R -18
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 3174 WEST BALL ROAD, ANAHEIM,
CALIFORNIA (APPLICATION NO. 97 -02)
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
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owner or operator of the premises located at 3174 West Ball Road,
Anaheim, California (hereinafter the "premises who has an
existing Type 20 ABC License for the sale and off premise
consumption of beer and wine in a convenience market existing at
said location, has applied for a determination of public
convenience or necessity to authorize the issuance of a Type 21-
General ABC License to permit the sale and off premises
consumption of additional types of alcoholic beverages at said
convenience market located on the premises (hereinafter the
"application and
WHEREAS, the Planning Commission did hold a duly noticed
public hearing to consider said application on January 6, 1997,
and did receive and consider evidence and testimony for and
against the application, and following said public hearing
adopted its Resolution No. PC97 -4 denying said application and
determining that the public convenience or necessity would not be
served by the proposed sale for off premises consumption of
"hard" alcohol (in addition to the sale of beer and wine which is
currently permitted pursuant to the existing Type 20 license) for
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 February 25, 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. The premises is developed with a 2,680 square foot
building used as a convenience market and located at the
southeast corner of Ball Road and Western Avenue, in the City of
Anaheim, California, and is located in the Commercial, Limited
"CL Zone of the City of Anaheim; and
2. The owner or operator of the premises proposes to
obtain a Type 21- General ABC License for the sale of "hard"
alcoholic beverages for off- premise consumption in addition to
the sale of beer and wine for off premise consumption which is
currently authorized pursuant to an existing Type 20 license for
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
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provisions of Section 23958.4 of the Business and Professions
Code of the State of California; and
4. Eight off -sale retail licenses currently exist in the
geographical area in which the premises is located, one of which
licenses is for an off -sale Type 21- General License establishment
located at the southwest corner of Ball Road and Western Avenue
which establishment is immediately west of the subject property
separated only by Western Avenue; and
5. The proposed license is not necessary since the area is
already adequately served with Type 21 Licensed premises which
are necessary or convenient to serve the public, the existing
convenience market has an existing Type 20 License for off -sale
of beer and wine, and customers seeking the purchase of "hard"
alcoholic beverages do not normally expect that such beverages
will be available in a convenience market.
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 25th day of February, 1997.
ATTES
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CITY CLERK OF THE CITY OF ANAHEIM
0022103.01
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MA OF T E CIT uF 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 -18 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 25th day of February, 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 -18 on the 25th day of February, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 25th day of February, 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 -18 was duly passed and adopted by the City Council of
the City of Anaheim on February 25th, 1997.
CITY CLERK OF THE CITY OF ANAHEIM