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95-134 RESOLUTION NO. 95R-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING PROCEDURES AND DELEGATING CERTAIN RESPONSIBILITIES RELATING TO ISSUANCE OF LICENSES BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA AND AUTHORIZING A PROCESSING FEE 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 desires to delegate 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 to establish a procedure for appeal of such determinations to the City Council, and to provide for certain other procedural matters concerning the review and issuance of such licenses by the Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1 Section 1. Determinations of Public Convenience or Necessity. Determinations within the jurisdiction of the City Council of the City of Anaheim pursuant to subdivision (b) (2) of Section 23958.4 of the Business and Professions Code as to whether the public convenience or necessity would be served by the issuance of a license for premises located within the City of Anaheim are hereby delegated to the Planning Commission of the City of Anaheim. The Planning Commission shall conduct a hearing upon an application for a determination of public convenience or necessity. Notice of said hearing shall be given in the same manner as is required for the processing of applications for conditional use permits as set forth in Section 18.03.060 of the Anaheim Municipal Code. All interested persons shall be permitted to provide oral and documentary evidence to the Planning Commission prior to the determination by the Planning Commission. The decision of the Planning Commission shall be final and conclusive in the absence of a timely appeal or request to review such decision as provided in Section 3 below. Section 2. Filin~ Fees. Filing fees in the amount specified in Attachment A to this resolution shall be paid upon submittal of an application for, or appeal from, the determination required pursuant to subdivision (b) (2) of Section 23958.4, which fees do not exceed the reasonable cost of processing the application. Section 3. Appeals to, or Reviews bv, the City Council. Any determination of the Planning Commission pursuant to Section 1 above shall be final and conclusive twenty-two (22) calendar days following the action thereon, unless within said twenty-two day period a written appeal is filed with the City Clerk by any person aggrieved by such determination, or unless within said period a request to review said decision is made by two or more members of the City Council, or unless within said period the Planning Commission requests a review of its decision. Upon receipt of such timely appeal, or request for review, the city Clerk shall schedule such matter for a de novo determination by the City Council. Appeal of the Planning Commission determination shall be processed in the same manner as is required for the processing of appeals concerning conditional use permits as set forth in Sections 18.03.081 through 18.03.084 of the Anaheim Municipal Code. All interested persons shall be permitted to provide oral and documentary evidence to the City Council prior to the determination by the City Council. The decision of the City Council shall be final and conclusive. Section 4. SeDarate Zonin~ Actions. The determination required pursuant to subdivision (b) (2) of Section 23958.4 of the Business and Professions Code, as described in Section 1 above, shall be a separate determination from any discretionary zoning decision, if any, as may be required by the City Zoning Administrator, Planning Commission or city Council 2 concerning the approval of such use pursuant to the provisions of the Anaheim Municipal Code; however, a determination as to whether the public convenience or necessity would be served by issuance of the license may be made by the Planning Commission or City Council at the same time as any discretionary zoning decision is made by such body provided the notice requirements set forth in Section 1 and/or Section 3 hereof, as applicable, have been met. A determination approving a zoning entitlement for such use shall not constitute, nor be deemed to require, a determination that the public convenience or necessity would be served by the issuance of a license by the Department for such use. Section 5. Concurrent Processinq. The determination required pursuant to subdivision (b) (2) of Section 23958.4 of the Business and Professions Code, as described in Section 1 above, shall be processed concurrently with any required discretionary zoning decision, to the extent such concurrent processing is reasonably feasible. Section 6. Recommendations to the Department of Alcoholic Beveraqe Control. The Chief of Police of the City of Anaheim, or his designee, is hereby authorized to provide information, recommendations, or protests to the Department concerning those matters described in: (a) Section 23958 of the Business and Professions Code; provided, however, no recommendations or protests shall be made which are contrary to, or in conflict with, any determination previously made by the Planning Commission or City Council pursuant to subdivision (b) (2) of Section 23958.4 of the Business and Professions Code; and (b) Subdivision (b) (1) of Section 23958.4 of the Business and Professions Code; provided, however, no recommendations or protests shall be made which are contrary to, or in conflict with, any determination previously made by the Planning Commission or City Council approving any discretionary zoning entitlement for such use pursuant to applicable provisions of Title 18 of the Anaheim Municipal Code. Section 7. License Violations. Nothing contained in this resolution shall be deemed to prohibit any official, officer or employee of the Police Department from monitoring and investigating the activities of establishments licensed by the Department for possible license violations and to file accusations with the Department relating to license violations concerning premises within the City of Anaheim. THE FOREGOING RESOLUTION of the City Council of the City of Anaheim is adopted and approved this 11th day of July , 1995. MAYOR OF THE CITY OF ~AHEIM CITY CLERK OF THE CITY OF ANAHEIM 12293.3\J%JHITE\Ju[y 6, 1995 4 STATE OF CAUFORNIA ) 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. 95R-134 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of July, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: None ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-134 on the 11th day of July, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11th day of July, 1995. 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. 95R-134 was duly passed and adopted by the City Council of the City of Anaheim on July 11th, 1995. CITY CLERK OF THE CITY OF ANAHEIM FEE SCHEDULE Determination or Appeal Where Concurrent Discretionary Zoning Action is Processed $110.00 Determination or Appeal Where No Concurrent Discretionary Zoning Action is Processed $440.00