97-182RESOLUTION NO. 97R- 182
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 1244 NORTH HARBOR BOULEVARD,
ANAHEIM, CALIFORNIA (APPLICATION NO. 97 -07)
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
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application from the owner or operator of the premises located at
1244 North Harbor Boulevard, 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 April 28,
1997, and did receive and consider evidence and testimony for and
against the application, and following said public hearing
adopted its Resolution No. PC97 -50 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
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 July 22, 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 denied said application by
operation of law (tie vote); and
WHEREAS, thereafter the City Council did grant a
rehearing of said application and did hold public hearing thereon
on September 23, 1997, and did receive additional evidence and
testimony.
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 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
2. Convenience markets at gasoline service stations offer
an alternative to supermarkets for customers desiring to make
quick purchases of grocery and related items; and
3. 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
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convenience markets) on the premises for off premises
consumption; and
4. 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.
5. The license will acquire an existing ABC license in the
area thereby not increasing the number of licensed premises in
the vicinity.
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 subject to the following condition:
The licenses shall acquire and transfer or
eliminate the existing Alcoholic Beverage Control
license for the premises located at 1067 North
Harbor Boulevard, Anaheim, California.
THE FOREGOING RESOLUTION of the City Council of the City of
Anaheim is adopted and approved this 23rd day of September, 1997.
ATT S
0022105.01
CITY CLERK OF THE CITY OF ANAHEIM
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MAYO. 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 -182 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 23rd day of September, 1997, by the following vote of
the members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Zemel, Daly
NOES: MAYOR /COUNCIL MEMBERS: Lopez
TEMP. ABSENT: MAYOR /COUNCIL MEMBERS: Tait (abstained)
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -182 on the 23rd day of September, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 23rd day of September, 1997.
(SEAL)
v
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 -182 was duly passed and adopted by the City Council of
the City of Anaheim on September 23td, 1997.
)ter, I
CITY CLERK OF THE CITY OF ANAHEIM