97-022RESOLUTION NO. 97R -22
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 520 WEST BALL ROAD, ANAHEIM,
CALIFORNIA (APPLICATION NO. 97 -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
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owner or operator of the premises located at 520 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 did hold a duly noticed
public hearing to consider said application on February 3, 1997,
and did receive and consider evidence and testimony for and
against the application, and following said public hearing
adopted its Resolution No. PC97 -10 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 in
accordance with the provisions of the Anaheim Municipal Code; 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
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 0.98 acres of
land located at the southeast corner of Ball Road and Harbor
Boulevard, in the City of Anaheim, California, and will be
located in the Commercial, Limited "CL Zone of the City of
Anaheim; and
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 proposed to be operated on the premises; and
3. The premises is located in a geographical reporting
district which has a crime rate 32% lower than the City average;
and
4. Convenience markets at gasoline service stations offer
an alternative to supermarkets for customers desiring to make
quick purchases of grocery and related items; and
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5. 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 (which items are
customarily associated with other food and meal items in
convenience markets) on the premises for off- premises
consumption; and
6. Sale of beer will be limited to quantities of six packs
or greater and the sale of wine coolers will be limited to
quantities of four packs or greater.
7. Other equally convenient alternatives for the purchase
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 25th day of February, 1997.
ATTES
CITY CLERK OF THE CITY OF ANAHEIM
0022105.01
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OR OF THE CITY OF
AHEIM
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 -22 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, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Tait
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -22 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 -22 was duly passed and adopted by the City Council of
the City of Anaheim on February 25th, 1997.
,,,,-/„Jc___
CITY CLERK OF THE CITY OF ANAHEIM