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ciTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael E. Hays, Director
Subject:
Determination of Public Convenience or Necessity
for a Type 21 Liquor License for the El Tigre
Market located at 1184 West 2nd Street.
Dept: Planning & Building Services
Date: March 19, 1998
MCC Date: April 6, 1998
0IIImNM.
MAR 2 5 1998
Synopsis of Previous Council Action:
1996 The Mayor and Common Council made a determination that the public convenience or necessity would
be served through issuance of a Type 20 liquor license.
Recommended Motion:
That the Mayor and Common Council determine that the public convenience or necessity is served and
direct Planning and Building Services to send a letter to the Department of Alcoholic Beverage Control
for a Type 21 liquor license for the El Tigre Market.
Wfil}fl.,
Mictiael . Hays
Contact person: Michael E. Hays
Phone: 384-5357
Supporting data attached: Staff Re.port
Ward(s): 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes: ,4~/'7 ~ /1? ~ .;zt1
Agenda Item
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Determination of Public Convenience or Necessity -
El Tigre Market, 1184 W. 2nd Street
Mayor and Common Council Meeting of April 6, 1998
APPLICANT
Ken Choi
El Tigre, Inc.
1184 W. 2nd Street
San Bernardino, CA 92410
909.383.3642
REQUEST AND WCATION
The applicant is requesting to upgrade the existing Type 20 liquor license (beer and wine for off-
site consumption) to a Type 21 license (beer, wine, and alcohol for off-site consumption) at the
E1 Tigre Market, at 1184 W. 2nd Street. See Exhibit A, Location Map.
The grocery store is a full service market of approximately 22,000 square feet, offering fresh
meat, produce and dairy products, a bakery, the usual assortment of grocery items and many
specialty food items. The market contains a 780 square foot cooler for beer, and an additional
32 square feet will be used for the alcoholic beverage display/sales area.
The state Department of Alcoholic Beverage Control has notified the applicant that the market
is located in an area that has an over concentration of off-site liquor licenses and a determination
of Public Convenience or Necessity, from the City, is required. See Exhibit D for additional
background information on Public Convenience or Necessity determinations.
ENVIRONMENTAL DETERMINATION
This request is exempt from the California Environmental Quality Act, Section 15301 since it
is a minor change to the operation of an existing business with no physical expansion of the
primary, permitted use.
POLICE DEPARTMENT RECOMMENDATION
The Police Department has indicated that they will not oppose the ABC application. (Exhibit
B).
PCN - El Tigre
1184 W. 2nd Street
MCC Mtg. of 4/06/98
Page 2
DETERMINATION
The applicant provided a letter supporting the request for a Type 21 liquor license (Exhibit C).
Staff feels that a determination of public convenience or necessity can be met. El Tigre Market
completed substantial tenant improvements, and opened for business in 1996 in the old La Plaza
grocery store. The sale of alcoholic beverages for off-site consumption is a service typically
found at grocery stores. The percentage of retail space devoted to the sale of alcohol is limited
and is accessory to the other services and products provided.
FINANCIAL IMPACT
The applicant submitted an application and the applicable processing fee.
RECOMMENDATION
Staff recommends that the Mayor and Common Council determine that the public convenience
or necessity is served and direct the Planning Division to prepare a letter for the Department of
Alcoholic Beverage Control for a Type 21 liquor license at 1184 W. 2nd Street.
Exhibits:
A
B
C
D
Location Map
Police Department Report
Applicant's Letter
Public Convenience or Necessity Determinations
.'
EXHIBIT II A II
LOCATION MAP
EL TIGRE MARKET 1184 W. 2ND ST.
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EXlHBIT "B"
CITY OF SAN BERNARDINO
OEPARTMENT OF PLANNING &
8UiLDING SERVICES
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: VALERIE C. ROSS, PRINCIPAL PLANNER
From: CSR II M. SOTO, VICE/NARCOTICS
Subject: EL TIGRE MARKET, REQUEST TO UPGRADE LIQUOR LICENSE
Date:
February 27, 1998
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Copies:
LT. WES FARMER; SGT. M. KIMBALL
Area Commander, Lt. Frank Mankin states his area staff have
reviewed calls for service and activity in the area of El Tigre
Market and they have no reasons to deny the permit. (Refer to
attached Memorandums by Lt. Mankin and Officer John Vasek) .
El Tigre Market has been owned and managed by the same owners since
June 1996. The business is located within Census Tract 49. There
are 10 existing off-sale licenses and only six are allowed in this
Census Tract, based on ABC criteria. The business is located in
Reporting District SC301. It is in a high crime area based on a
statistical comparison of other reporting districts. The police
department does not foresee any major problems and does not object
to the issuance of a Public Convenience and Necessity. This is
based on information that the business will not be focused on the
sales of alcohol, but will be primarily a grocery outlet. This
location has had an ABC license type 20, Off-sale beer/wine since
September 1996 and we believe that an upgrade liquor license to
type 21 Off-sale general will not have a negative impact on the
crime rate.
THE SBPO IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE TNE QUALITY OF LIFE;
A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
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City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: LT. F. MANKIN
Prom: CSR II M. SOTO
Subject: A.B.C. LICENSE TYPE 21
Date: FEBRUARY 18,1998
Copies:
Applicant, Keun Choi of El Tigre Inc., applied for an upgrade
liquor license from a type 20, off-sale beer/wine to a type 21,
off-sale general.
Please return this form to the Vice Detail with your comments no
later than Februarv 25. 1998 If we do not receive a
response by this date, it will be considered that you do not wish
to have any input.
Address:
1184 W. Second St.
Applicant:
Keun Choi
Type of license: A.B.C. License TYPe 21
Your Comments: #~
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THE SBPO IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LI FE;
A REDUCTION IN CRIME TNROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To:
Sergeant Walt Goggi~ I
Officer John Vasek LJV
Prom:
Subject:
Type 21 Off-Sale General Liquor License at EI Tigre, Inc.
February 23, 1998
Date:
fMoY
Copies:
EI Tigre is a super market that sells a large variety of food
items, including beer and wine. The store also consists of a
butcher shop, a bakery, a small jewelry store, and a check cashing
booth. The business also employs security guards that patrol the
interior of the store, as well as the outside parking lot area. In
conducting any police business on the location, I have had the full
cooperation of the management staff and employees.
I reviewed the calls for service for the past eight years at the
business site. I found that in the past eight years there have
been seven arrests for suspects who had been drunk in public. I
don't find this to be a problem with the location or a poor
reflection on the liquor license that they currently hold. It has
been my experience that the employees at EI Tigre Market call the
police when they see someone under the influence of alcohol or
drugs. When I have arrived in the area for service calls,
employees have actively pointed out and identified the suspects.
The area of the EI Tigre Market is in a commercial/residential
district. There are two small neighborhood stores within a few
blocks. Both sell items covered under the Type 20 liquor license.
There are also two bars within immediate walking distance of the
market. Currently, the only two places in the area where liquor
covered under Type 21 can be purchased is the store on the
southwest corner of Walnut and Mt. Vernon and the store on the
northwest corner of Rancho and Rialto.
Based on my data research and my personal experience and knowledge
of the area, I would not be opposed to the upgrade of EI Tigre's
Type 20 liquor license to that of a Type 21 off-sale general
license.
THE SBPD IS COMMITTED TO PROVIDIHG:
PROGRESSI'l1: llUAllTT POlICE SERVICE;
A SAFEENVIROHMENT TO IHPRM THE QUALITY OF LIFE;
A REDUCTION IH CRIME THROUGH PR08LEM RECOGHITION AND PROBLEM SOLVING
EXIllBIT "e"
TO WHOM IT MAY CONCERN,
EL TIGRE WAREHOUSE IS A 4 STORE CHAIN A 25000 SQ. FT.
SUPERMRKET SPECIALIZING TO HISPANIC COMMUNITIES. THIS
LOCATION USED TO BE LA PLAZA WAREHOUSE ANOTHER GROCERY STORE
AND WAS CLOSED FOR ABOUT 2 YEARS. WE OPENED EL TIGRE IN OCT,
1996 AFTER 6 MONTHS OF REMODELING AND WE EMPLOYEE ABOUT 85 PEOPLE
CUSTOMERS DRIVE TO EL TIGRE FROM NEAR AND FAR THEY COME AS FAR AS
VICTORVILLE, BIG BEAR, AND MANY OTHER SORROUNDING COMMUNITIES.
BECAUSE WE ARE A UNIQUE FULL SERVICE STORE. WE HAVE A COMPLETE
GROCERY PRODUCT LINE. A FULL SERVICE MEAT DEPT WITH QUALITY MEAT,
CUTTERS TO PROVIDE SPECIALTY CUTS OF MEAT, POULTRY, AND FISH.
WE HAVE A HOT FOOD AREA THAT SPECIALIZE IN HISPANIC DISHES.
A BAKERY WHICH OFFERS BREADS, ROLLS, CAKES, SWEET BREADS, ETC....
A TORTILLERIA WHICH MAKES FRESH DAILY TORTILLAS, TOSTADAS, MASA.
BY ADDING A LIQUOR DEPT THIS WILL HELP US TO BE MORE COMPETITIVE
IN A COMPLETE FULL SERVICE STORE THAT CAN BE THE ONE STOP
SHOPPING FOR OUR CUSTOMERS. ALSO OUR OTHER 3 LOCATION HAVE LIQUOR
LISENCE.
SINCERLY YOURS
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EXHlliIT D
PUBLIC CONVENIENCE OR NECESSITY (PeN) DETERMINATIONS
BACKGROUND
The state Business and Professions Code was amended in 1995 and authorizes the Department
of Alcoholic Beverage Control to 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 the Code.
Section 23958.4 defmes undue concentration as an area where any of the following conditions
exist:
1. The premises are located in a crime reporting district that has a 20% or greater number
of reported crimes than the average number of reported crimes as determined from all
crime reporting districts within the jurisdiction of the local law enforcement agency.
2. The ratio of on-sale retail licenses to population in the census tract exceeds the ratio of
on-sale licenses to population in the county. (On-sale licenses are for the sale and
consumption of beverages on-site such as a restaurant, bar, or nightclub.)
3. The ratio of off-sale licenses to population in the census tract exceeds the ratio of off-sale
licenses to population in the county. (Off-sale licenses are for the consumption of
beverages off-site such as a liquor store, convenience store, or grocery store.)
Many census tracts in the City have an undue concentration of on- and off-sale licenses based
on the population ratio.
PUBLIC CONVENIENCE OR NECESSITY DETERMINATION
If any of the above three factors exist, a determination of Public Convenience or Necessity is
required for the following ABC licenses:
- Type 20, Off-sale Beer and Wine
- Type 21, Off-sale General
- Type 42, On-sale Beer and Wine - Public Premise
- Type 61, On-sale Beer - Public Premise
- Type 48, On-sale General - Public Premise
- Type 51, On-sale General - Club
There are several other types of ABC licenses, but these are the most common. All of the above
require a Conditional Use Permit. The applicant is responsible for providing factors supporting
a request for a PCN determination.
.
REVIEW AUTHORITY
The Director of Planning and Building Services is the review authority for restaurants with
incidental alcohol sales (Type 41 and 47 licenses), and businesses over 15,000 square with
ancillary alcohol sales feet (Le. grocery stores), although a PCN determination may be required.
These requests are processed through a Development Permit application. The Director is also
responsible for Zoning Verifications and premises to premises transfers where the establishment
has been licensed and operated with the same type of license within 90 days of submittal to
ABC.
The Planning Commission is the review authority for all Conditional Use Permit applications
not requiring a PCN determination. Conditional Use Permits are required for nightclubs, bars,
convenience stores with alcohol, etc.
The Mayor and Common Council is the review authority for all applications where a PCN
determination is required or where a CUP approval/denial has been appealed.
REVIEW PROCESS
Applications for new developments with a beer and wine and/or alcohol license or existing
business that wish to obtain or upgrade a beer and wine and/or alcohol license are submitted to
the Planning Division and routed to the Police Department. Planning is responsible for
determining whether the use is permitted and if any conditions of approval are applicable. The
Police Department is responsible for determining whether there will be an impact on Police
services. The Police Department provides a report to Planning, who schedules the item for
Mayor and Common Council.
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C I T Y 0 fo
San Bernardino
RACHEL
C L ARK
C 1 T Y C l E R K
April 21, 1998
Mr. Ken Choi
EI Tigre, Inc.
1184 West Second Street
San Bernardino, CA 92410
Dear Mr. Choi:
At the meeting of the Mayor and Common Council held on April 20,
1998, the following action was taken regarding your request for a
determination of public convenience or necessity for a Type 21
liquor license for the EI Tigre Market located at 1184 West Second
Street:
The Mayor and Common Council determined that the public
convenience or necessity is served and directed the
Planning and Building Services Department to send a
letter to the Department of Alcoholic Beverage Control
for a Type 21 Liquor License for the EI Tigre Market
located at 1184 West Second Street.
If we can be of further assistance, please do not hesitate to
contact this office.
Sincerely,
a~w_J i~ _ ~v~
Rachel G. Clark
City Clerk
RGC: lh
cc: Planning & Building Services
P. O. 80X 131'. SAN BERNARDINO. CA '2402
300 NORTH '0' STREET, SAN BERNARDINO.
CALIFORNIA 92418.0001 (101)>''4.1002
(IO')S'4~1102 FAX-(.0.)3.C.5'1.
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C I T Y 0 F-
San Bernardino
RACHEL
C L ARK
CITY CLERK
April 7, 1998
Mr. Ken Choi
El Tigre, Inc.
1184 West Second Street
San Bernardino, CA 92410
Dear Mr. Choi:
At the meeting of the Mayor and Common Council held on April 6,
1998, the following action was taken regarding your request for a
determination of public convenience or necessity for a Type 21
liquor license for the El Tigre Market located at 1184 West Second
Street:
The matter was continued to April 20, 1998.
If we can be of further assistance, please do not hesitate to
contact this office.
Sincerely,
(~)~L ,b CJ..N....L
~ G. Clark
City Clerk
RGC: lh
cc: Planning & Building Services
P. o. BOX 121', SAN BERNARDINO. CA .2402
300 NOATH 'D' STREET. SAN BERNARDINO,
CALIFORNIA 12418-0001 (1.1)31...5002
(101)3'4-1102 FAX-(10')3'4.5151
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