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97-030RESOLUTION NO. 97R 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 A TYPE 21 (GENERAL LIQUOR) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PREMISES LOCATED AT 318 NORTH BROOKHURST STREET, ANAHEIM, CALIFORNIA (APPLICATION NO. 97 -01) 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 318 N. Brookhurst Street, Anaheim, California (hereinafter the "premises for a determination of public convenience or necessity to modify an existing Type 20 (beer and wine) license to permit the sale and off premises consumption of general alcohol (Type 21 License) at an existing 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 -3 denying said application and determining that the public convenience or necessity would not be served by the proposed sale and off premises consumption of general alcohol 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 March 11, 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 Type 21 License by the Department as requested in the application for the following reasons: 1. That the Police Department testified the reporting district in which subject property is located has a crime rate which is substantially above the average for the City of Anaheim; 2. That the current number of liquor licenses for the underlying census tract exceeds the number allowed for the population of said census tract (4 allowed; 6 existing); 3. That subject property is immediately adjacent to a residential neighborhood, including a pre- school for up to 70 children across Brookhurst Street, and the requested upgrade to permit sales of general liquor may be detrimental to the surrounding land uses; and 4. That approval of this request would intensify subject legal non conforming use. BE IT FURTHER RESOLVED that, for the reasons hereinabove set forth, said application to determine that the public convenience 2 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 llth d of 4rch,1997. MAYOR OF THE CITY O87 ANAHEIM ATTE CI CLERK OF THE CITY OF ANAHEIM 0022292.01 3 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 -30 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of March, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez NOES: MAYOR /COUNCIL MEMBERS: None ABSENT: MAYOR /COUNCIL MEMBERS: Daly AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -30 on the 11th day of March, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of March, 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 -30 was duly passed and adopted by the City Council of the City of Anaheim on March 11th, 1997. .>4L4,v -7/( .5.-a„__ CITY CLERK OF THE CITY OF ANAHEIM