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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: ~ ~- 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. ~- ~--. aria Quinonez, ity Clerk