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HomeMy WebLinkAbout14-Development ServicesCITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Valerie C. Ross Director Dept: Development Services Date: July 28, 2008 Synopsis of Previous Council Action: None Subject: Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 license (Off-sale Beer & Wine) for SM Asian Market located at 333 South "E" Street. MCC Date: August 18, 2008 Recommended Motion: That the Mayor and Common Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to contact the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license (Off-sale Beer & r`", Wine) to SM Asian Mazket located at 333 South "E" Street, subject to conditions of approval ~~// recommended by the Police Department. ~~~ G ~t e~ Valerie C. Ross Contact person: Aron L1anQ Pbone: 384-5057 Supporting data attached: Staff Report Ward(s): FUNDING REQUIREMENTS: Amount: Source: (Acct. No.l (Acct. Descrintionl Finance: Council Notes: Agenda Item No. =t+ ~ ~' 9-~a-o9 CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Determination of Public Convenience or Necessity for an Alcoholic Beverage Type 201icense (Off-sale Beer and Wine) for SM Asian Mazket located at 333 South "E" Street. OWNER/APPLICANT Scott Dang SM Asian Mazket, LLC 333 South "E" Street San Bernardino, CA 92401 (951)565-8157 REQUEST The applicant requests a determination of public convenience or necessity for an Alcoholic Beverage Control (ABC) Type 201icense (Off-sale Beer and Wine) for SM Asian Mazket located at 333 South "E" Street in the CG-1, Commercial General land use district (Attachments A & B). SM Asian Mazket is a grocery store located in an existing single-tenant commercial building. of approximately 15,000 square feet in floor azea. SM Asian Mazket is a bona fide grocery store that sells fresh produce, vegetables, fish, meat and many other grocery goods. Therefore it is exempt from the Conditional Use Permit requirement for an ABC license, pursuant to Development Code Section 19.06.030 (2) (B). A Type 20 license is requested by SM Asian Market to expand their product lines and sales. A detailed statement from the applicant supporting the Public Convenience or Necessity determination is attached (Attachment C). The proposed alcoholic beverage display and sales azea would account for no more than 2% - 3% of the total floor azea. SM Asian Mazket is open from 8:00 a.m. to 9:00 p.m., seven days per week. Based on ABC concentration criteria, one liquor license is allowed in Census Tract 0059.00. Currently, there aze 3 existing licenses in this tract. Therefore, pursuant to the Alcoholic Beverage Control Act, Section 23817.7 (3), the State Department of Alcoholic Beverage Control notified the applicant that a determination of Public Convenience or Necessity from the City is required. The Police Department provided a comment letter with recommended conditions of approval to the ABC Department (Attachment D). The conditions would limit the sale of alcohol to the hours of 8:00 a.m. to 8:00 p.m. and would impose other restrictions to minimize potential conflicts with the restaurant/night club across the street. FINANCIAL IMPACT None. The applicant paid the applicable filing fees. RECOMMENDATION Staff recommends that the Mayor and Common Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to contact the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license (Off-sale Beer & Wine) to SM Asian Mazket located at 333 South "E" Street, subject to the conditions of approval recommended by the Police Department. ATTACHMENTS A Location Map B Site Plan & Floor Plan C Applicant Statement D Police Depamnent Recommendations Q ATTACHMENT A CITY OF SAN BERNARDINO LOCATION MAP PROJECT: PCN No. 07-02 PLANNING DIVISION HEARING DATE: 08/4/2008 NORTH C t V ~~~ m I Project Site fC} ~ity,of San Bernardi ".,~ ,.; `1 i% r .r ;_.~.K t;~' .~ 0 aft 4 -. anuany p~eppo~s ATTACHMENT B E street Site Plan e f C~ 0 ® y R ~PI~ i~ i ~i a - Beer cooler & wine shelves Floor Plan ATTACHMENT C PROPOSED FINDINC3S OF PUBLIC CONVENIENCE AND NECESSITY (ACTS This is a proposed findings of public convenience and necessity for an off-sale beer and wine alcoholk beverage sales license located at SM Asian Market LLC on 333 South E Street, San flemardino, California 92401. Yvonne Kist ~ the owner of SM Asian Market LLC bated at 333 South E Street, San gemardino, Calffomfe 92401 and has applied to open a 35,000 square foot wpermarket in the City of San liemardino. Within this stnxture, this company proposes to sell Asian grocery items such as spedahy meats, exotic fruits & vegetables, oriental household supplies, and rwn-alcohol and alcohol beverages (krduding imported Asian beer and wines). PURPOSE & GOAL The goal of SM Asian Market LLC is to increase access to Asian foods by establishing an Asian specialty grocery store in the City of San eemardino. The additbn of thB Asian supermarket will compilment tha visbn of the city with respect to safety, heakh, comfort, and convenience for persons widdn the City of San Bemerdino and vicinity thereof in the folbwing ways: E~NOMICS Our sense of community and patkrw:e has eroded do the point of extindbn. SM Asian Market will contribute tothe dq/s overall plan for comrenkmt publk transportation, dose shops that provide basic needed servkes/products, and aifordaDle'msts of living. Yes, there are other businesses seldng akohol beverages in the area; however, SM Asian Market is urdque in that its service has become a necessity when development is taoming and the law of supply and tlsmand affects the need to serve a growing dfversi0ed community to have an Asian specialty supermarket. CONVENIENCE Spedficagy, SM Asian Market w~ otkr imported and exotk Asian products and akxrhoi beverages that are not available in local supermarkets. With a wide variety of products, thb supermarket wiR bring convenience to many who do not have transportation to travel from home to an Asian grocery store let abne another store for skohol beverages. For families who have trsrKportatkxy the supemwrket offers the oomrenferKe of not having to get aught up b traffic and waste gas between stores, home, schools, work, and sitters. dRME REDUCf10N The imwnt! Of the I'kense W Ili NOT AGGRAVATE or CONTRIBUTE TO THE CRIME RATE IN THE ARE/t. On the contrary, R will reduce the number of persons having to go out to night clubs or restaurerKS to COIFSIgn[ akAhol H~tc~ad of hoyinEUre oomen~noeofenjoy~ ~Irtts athome. Tt~re are nearb~r restaurants and night clubs, which carve altohoi on the premises. As a resuR, the wmmuMry suffers a w higher rate of driving under the influence (twrs). In fact, recently, a woman was Mt by a car driven by a (V'; patron fmm one of these twslnesses. With thLt supermarket in the area, the people in this hxadon have one more optan of txrying off-site alcohol to consume at home and avoid drhAng under the influence. In addition, SM Asian Market has planned to implement a number of precautions or guidelines to insure that its premises w81 be operated properly such as: • Regular contact with local law enforcement • Owner to attend losses sponsored by ABC to lean and erdorre ABC Rules and Regulations • Empkryee Orientation regarding ABC Rules and Regulations NECESSITY A study was completed by SM Asbn Market shows that singer businesses within the County of San Bernardino, Riverside, arid Orange have beer and wine Rantes k is normal and cixitomary for these Asian supermarkets to also sell beer snd vrkrea, aspeBaily knported akphol beverages. Presently, the CRY of San Bernardino has only one Asian supemarket in town. Thk severely Bruits the abiBry of its residents to purchase Asian spedalry and reasonably priced domestk and imported products. Due to this Rmftatbn, many residents face undue hardship when their oMy option for purchasing Asian groceries is to travel out of their community t0 buy these items. With SM Asian Market in their vicinity, San Bemerdlno residents an now enJoy the convenknce of shopping for Asian groceries and akohot beverages st the same bcatlon. CONCLUSION The granting of anoff-site beer and wine sale Bcense to SM Asian Market is necessary to advance the city's Interest in promoting comrenknoa, affordable Bving, and safety to ks residents. Partkularly, the cltY has an interest in geriereting revenue vrithbr the oiry and not having its residents pour hard earned income into As(~ markets loafed U nearby ekks. Nespectfully Submitted, -~ _% SM Aspn Market i1C ey YV~nJNF Ki~tT Q ATTACHMENT D March 25, 2008 Barbara Heatley License Representative Depazlmcnt of Alcohol Beverage Control 3737 Main Street, Suite 900 Riverside CA 92501 PoraCE D&PAa'111s6NT MrcfuBJ. A. BQ.LDT - CxIRC os t'otres P.O. Box 1559 • San BcrnaMino • CA 92402.1559 909.3845742 www.atreity:org ~~~~~ '~^ f e ~~c-trol AIco1~~~RB ~ de Dcaz Ms. Heatley, (~', The San Bernardino Police Department (SBPD) received notification that "SM Asian Market, V LLC" is seeking an ABC Type 20 (off-sale beer and wine) license for a new market. Yvomte Dang Kiat was listed as "member" in the company off cer information of the AIiC License Query System Summary. "SM Asian Marko" is located at 333 S. "E" Street in the City and County of Saa Bcmazdino. The police department does not oppose the issuance of this license. However, we (SBPD) do have concerns and would like them to be considered when placing conditions on SM Asian Market's ABC Type 201iccnsc. Tn addition to the conditions ABC will place on the ABC lice~ue at SM Asian Mazket, the police department would like the following conditions in place; 1- Sales of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 8:00 p.m. Monday Through Sunday. 2- No alcoholic beverages shall be consumed on any grope adjacent to the licensed premises under the control of the licensce. No alcoholic bever~es shall be consumed along the exterior of the business, in any parking area or on any adjacent street or alleyway. 3- Loitering is prohibited on or around these premises and all areas under the control of the licensee(s). ~!^rL~1'~ 711 © 1..G1 ~' ~1/ i.::':? 2 7 Z~tlB AiC0i10iIC i3eVef2ge COrltrOi LeAt~ts tx Serrn~ta as¢ $rnrmAan of Exc~.[.sntce Riverside 4- No beer or malt beverage product shall be sold regardless of container size, in quantities of less than six (6) per sale, other than quart bottles. Our concerns aze that SM Asian Market is located in census tract 59. Three off-sale ABC Type 20 licenses aze currently in existence within this tract. However, only one is authorized per the census tract information. There will be a reduction in the quality of life for the citi~xns of San Bernardino and more particularly of that community. This will affect the health, safety and welfare of the community. Of particulaz concern is the "Brandin Iron" bazlnightclub and a 24-hour adult bookstore located immediately to the West of 5M Asian Mazket. The "Brandin Trori' has a Type 47 license For on- sale sales of alcohol in a dining establishment. The "Brandin Iron" is open seven days a week during the evening hours. Six out of the seven days of operation, the "Brandin Iron" caters to persons under the age of 21. During the nights of operation catering to persons under the age of 21, it is the experience of the SBPD that large waiting lines occur that extend along the East Side and run South. This area is directly across from SM Asian Mazket. It is also the experience of the SBPD that persons waiting to go into the "Brandin Iron" consume alcoholic beverages in or about their vehicles on City streets and in public and private parking lots. Individuals bring this alcohol to the club. With the authorization of SM Asian Mazkct's Type 201icense it will give patrons of the ""Brandin Iron" easy access to alcoholic beverages with ~' the cost of it being much cheaper at SM Asian Market than at the "Brandin Iron." The alcoholic beverages may be purchased at the market and consumed while awaiting entrance into the "Brandin Iron." Yours truly, YG 6i DWI T Michael A. Billdt, Chief of Police San Bernardino Police Department ~~ i? 1~~ LT. f~~~~ ea~~ 2 7 ,