HomeMy Public PortalAbout2010.141 (07-06-10)RESOLUTION NO. 2010.141
A RESOLUTION OF ,THE CITY COUNCIL OF THE CITY OF LYNWOOD
DELEGATING THE AUTHORITY TO DETERMINE PUBLIC CONVENIENCE OR
NECESSITY FOR ALCOHOLIC BEVERAGE LICENSING TO THE PLANNING
COMMISSION AND CITY MANAGER AND ESTABLISHING A REVIEW PROCESS
WHEREAS, the California Department of Alcoholic Beverage Control (ABC) is
responsible for reviewing applications and issuing licenses for the sale and manufacture
of alcoholic beverages in the State of California; and
WHEREAS, Section 23958 of the Business and Professions Code provides that
ABC shall deny an application for a license if issuance of that license would create a law
enforcement problem or an undue concentration of licenses; and
WHEREAS, notwithstanding Section 23958 of the Business and Professions
Code, Section 23958.4 of the Business and Professions Code permits ABC to issue a
license if a local governing body, or its designated subordinate body or officer,
determines that public convenience or necessity will be served by the issuance of a
license and issues a letter affirming such determination; and
WHEREAS, the determination .of public convenience or necessity can be based
on, inter alia, crime statistics, ratio of licenses to population, and necessity for the
business requesting the license; and
WHEREAS, the City Council finds that, pursuant to the Lynwood Zoning Code,
the Planning Commission has the authority to issue conditional use permits to
businesses that conduct alcoholic beverage sales and to regulate legal nonconforming
uses with alcoholic beverage sales; and
WHEREAS, the City Council finds that, in the interest of administrative economy,
the Planning Commission, in conjunction with the public hearing process of the
issuance of conditional use permits, is the appropriate subordinate body to determine
that public convenience or necessity will be served in the issuance of licenses, and that
an appeal of the decision of the Planning Commission may be made to the City Council
in accordance with Section 25-100-6 of the Lynwood Zoning Code; and
WHEREAS, the City Council desires to authorize the Planning Commission to
make the determination that public convenience or necessity will be served in the
issuance of a license and to authorize the City Manager to issue a public convenience
or necessity letter to ABC upon such determination by the Planning Commission; and
.NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF LYNWOOD HEREBY FINDS, ORDERS AND RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. The City Council hereby designates the Planning Commission as the
subordinate body to determine that public convenience or necessity will be served by the
issuance of a license, and designates the City Manager to issue the public convenience or
necessity letter upon the Planning Commission's determination, pursuant to Section
23958.4 of the Business and Professions Code.
Section 3. In making its determination of public convenience or necessity, the
Planning Commission shall take into consideration the following, when applicable:
(A) Whether the issuance involves an existing business with a license which is
being transferred to a new location, and which will not result in an increase in the total
.number of off-sale retail liquor licenses or on-sale retail liquor licenses in the City, or in
the census tract in which the business would be located.
(B) Whether the business, by reason of its location, character, manner . or
method of operation, merchandise, or potential clientele, will serve a segment of the
City's business or residents not presently being served.
(C) Whether the business will be located within a 600-foot radius of
incompatible facilities, such as public and private schools, day care centers, churches,
parks, homeless shelters, and alcohol rehabilitation centers, and facilities designed and
operated to serve minors.
(D) Whether the location of the license will be in a crime data area covered by
.police department statistics, which has a twenty percent greater number of reported
crimes than the average number of reported crimes for all crime data areas in the City,
over the previous year. For this purpose, "reported crimes" means reported offenses of
criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft,
and motor vehicle theft, combined with all arrests for other misdemeanor or felony
crimes.
(E) Whether the issuance of the license will promote the goals and policies of
the City's General Plan, any. applicable specific plan, or any similar policies that have
been adopted by the City Council.
(F) Whether any other information supplied by the applicant, or other
competent evidence shows that the "public convenience or necessity" will be served by
issuance of the license.
Section 4. A decision determining that public convenience or necessity will not
be served may be appealed to the City Council, pursuant to Section 25-100-6 of the
Lynwood Zoning Code.
Section 5. This Resolution shall become effective immediately upon its
adoption.
Section 6. The City Clerk shall certify to the passage and adoption of this
Resolution.
PASSED, APPROVED and ADOPTED this 6t" day of July, 2010.
I Maria T. Santillan, Mayor
ATTEST:
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Maria Quinonez, Ci y Clerk
APPROVED AS TO FORM:
Fred G lante, City Attorney
APPROVED AS TO CONTENT:
.Roger L. Hale , ity Manager
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 6th day of July,. 2010.
AYES: COUNCIL MEMBERS fLORES, MORTON, RODRIGUEZ, CASTRO
AND SANTILLAN
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
aria Quinonez, City Clerk
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of .Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2010.141 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 6th day of July, 2010.
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aria Quinonez, ity Clerk