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Home My WebLink About26-Planning & Building Services , 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 #';?p tP 'Ij.1P /98" 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. N ~ +- -+-"AI~"'_ J!~- . .~-:t: - L -- . - r-- , - .' N ". ~ .~ I , . TOPEKA AND SANT A FE RAILWAY \H "0 mC0rnOWrgfm W MAR i 2 1998 ill; 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 ~'b,\\\qtb 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 r · 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: #~ ~ F~c.~ )00'" .dCnt//?/" ~.? C/ 17c~c,pc. ,;;,,'1' / A-"-17C-eo4,/d-r..J. ~(;NJ ~ ~ ~~ 1?~{/UW6tP &J//.r ~ 7lJ /# ~ A/6- ~ IV" D~ ~/r; By: hqa.(& 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 ~ ... f-llv/'1~ AM3"SIi: 1 NON1I3,\ lW , <:> +-l"'" Q)~ Q) ~'l C\l ~g"")~ -I-'l.....,.1~ _ ~ WI- 00 ~"'\ ~~ '"0,:, e.: - =~~ C\l .::l 00 ,.."...' .".t:~ r~ ,:, ~ Vl. ('J -I Q) :;"..-.... SE ~ (;:~ "'" <1,)0 ~~Q";) 00 ~ '-.,../ M"" 1""i ,'. m ~. . :,~;~ 0 "it ,_., 'I :;',~J " \'. ~ r<,~ j~ :"',_ .d";'~~~'-:' ..p :...r:..P~, :- ...~\/ ( :>"'..1'.... .", ";'" :'-......, ~~~3 ,~ SP CES WET RACK BEVERAGE COOLERS ICE L.lGUO R ~ r- .3.;1.s-t, / VEGETABLES FRUITS PRODUCE w en' <C' u I!: W W <C VEGETABLES FRUITS TORTILLAS ,... HISPANIC FOODS ~ !:l ~ PAPER BATH ALUMINUM TRASH PET TOWELS TISSUE FOIL BAGS FOOD N HARDWARE INSECTICIDES CLEANERS DETERGENT BLEACH BABY DIAPERS FOOD FORMULA FEMININE HIGIENE (") CEREAL COOKIES PANCAKE CAN COFFEE MIX MILK CAN CAN SALT SPICES VEGETABLES FRUIT GELATIN JUICES qo I!: ~ COOKING CAKE FLOUR SUGAR SOUP BREAD w ~ OIL MIX 1= 3 ~ <C ~ PICNIC SPAGHETTI ~ SUPPLIES KETCHUP MAYONNAISE SAUCE RICE BEANS l- I!: ~ o e >- ~ CHARCOAL DRINKING ~ WATER v ~ ~ SELF SERVICE :5::! MEAT LARD ..., LO KOOLAID CHIPS SODAS EXIT .. ENTRANCE J ewLE~Y , - - _J g o<c zW :EO:: en<c <C uz ~W :':rl:J: 130 <c..- ~S2 ~ C=tJ <c w 0:: 6~ :z "*' ~ en ~ o W 5Lf] LlJ I- en ~ :r.: l- e e I- >- 0:: W :::.::: fjJ<C iSm w ~ UJ I!: Cl ...J e S2 Cl <C w :r.: Cl <C I- LtJ tJ) I!: u:: e 0 0- Ct] :;; <C :r.: en ~ 0:: CE",'O W..... NATURiSTA -I ~ :s: ...J W '5 - 0:: <:) ..- <C a: 0:: 1= 0 <1: ..- [Q FIREai -EXIT- - ENTRANCE EXIT 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. tf-:lt:1- '1p '" J) b 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. TDDtTTY -CIOI)3.4-5.... tf-~;.. ,,'fi" ;11-20 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 TDDITTY -'lal)31"-1540