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Home My WebLink About23- Development Services CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION From: Michael E. Hays Subject: Determination of Public Convenience or Necessity for a Type 40 Liquor License Lolita's Mexican Food Dept: Development Services located at 1035 East Baseline Street Date: January 6, 1999 MCC Date: January 25, 1999 JAN 11 ]qqq Synopsis of Previous Council Action: None OR G I NA L Recommended Motion: That the Mayor and Common Council determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 40 (on-site beer only) liquor license for Lolita's Mexican Food located at 1035 East Baseline Street subject to the Police Department's Conditions of Approval. M Michael Hays Contact person: Michael E. Hays Phone: 384-5357 Supporting data attached: Staff Report Ward(s): 2 FUNDING REQUIREMENTS: Amount: Source: (Acct No.) (Acct Description) Finance: Council Notes: Agenda Item No. �� CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Determination of Public Convenience or Necessity—Lolita's Mexican Food— 1035 E. Baseline Street Mayor and Common Council Meeting of January 25, 1999 APPLICANT OWNER Hector Gonzalez Shirley Lyon 6930 Del Rosa Ave 7234 Poppet Drive San Bernardino, CA 92410 Highland, CA 92346 (909) 381-0995 (909) 889-6746 REQUEST AND LOCATION The applicant is requesting to establish a Type 40 liquor license (on site sale—beer only) at a 1,023 square foot fast food restaurant(Lolita's Mexican Food) located at 1035 E. Baseline Street. Under previous operators,the restaurant had a Type 41 license for on-site beer and wine from October 1994 through September 1995 and again from December 1995 through August 1996. The new operators are now seeking to establish the sale of beer only. The state Department of Alcoholic Beverage Control has determined that the Census Tract is over- concentrated with on-site sale licenses (6 permitted, 8 existing) and requires the City to make a determination that the proposal will serve the Public Convenience or Necessity, before a license will be issued. The restaurant has seating for 28 people at tables and booths;there is no lounge or bar. The hours of operation are 9 a.m. to 9 p.m. Under conditions proposed by the Police Department the sale of alcohol for off site consumption is prohibited and the sale of alcohol can only be made in conjunction with the sale of food. ENVIRONMENTAL DETERMINATION This request was reviewed in accordance with the California Environmental Quality Act and found to be exempt per Section 15301. POLICE DEPARTMENT RECOMMENDATION The Police Department has indicated that they will not oppose the ABC application and have provided Conditions of Approval (Exhibit B). PCN—Lolita's Mexican Food 1035 E. Baseline St. MMC Mtg. of 1125199 Page 2 DETERMINATION Staff feels that a determination of public convenience or necessity can be met. The applicant has submitted a letter in support of his proposal with some signatures in support. The sale of alcoholic beverages for on-site consumption is a service typically found at restaurants. The conditions proposed by the Police Department serve to ensure that alcohol sales will be accessory to the sale of food. 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 40 liquor license at 1035 East Baseline Street subject to the Police Department's Conditions of Approval. Exhibits: A Location Map B Police Department Report C Applicant's Letter of Request CITY OF SAN BERNARDINO PLANNING . .ITEM# AND BUILDING DEPARTMENT LO-CATION I 'r 1� ■ _ ri ■ IRS,& -- 6 �J R y.�i EXHIBIT B City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: MICHAEL MARTIN, ASSISTANT PLANNER From: MARTHA SOTO, C.S.R. II, POLICE DEPT. (VICE)/)7 Subject: PCN FOR TYPE 40 ABC LICENSE AT 1035 E. BASELINE Date: December 15, 1998 Copies : PROBLEM: On 12-1-98, Assistant, Planner, Michael Martin, sent me a Memorandum regarding a PCN for an ABC license type 40 . RECOMMENDATIONS• Approval for the PCN is recommended as long as the applicant is subject to the listed six conditions. (Refer to attached conditions. ) FINDINGS• The business is located in reporting district SC527 and Census Tract 64 . There are six on-sale ABC licenses allowed and there are eight existing ABC licenses . There are 123 Part One Crimes and 68 Part Two Arrests totalling 191 . This puts the reporting district barely over the high crime area. A Memorandum was sent to Area Commander, Lt. Gile, asking for his input regarding this permit . Lt. Gile has no objection to the issuance of this permit as long as the normal restrictions (conditions) are placed on the permit . (Refer to attached conditions . ) The San Bernardino Police Department agrees with Area Commander Lt . Gile and does not object tot he issuance of this permit providing the applicant is subject to the listed six conditions. ATTACHMENTS: 1 . Police concerns . 2 . Conditions . THE SBPD IS COMMITTED TO PROVIDING: PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING A.B.C. APPLICATION FOR TYPE 40 LICENSE POLICE CONCERNS LOCATION: 1035 E. Baseline - LoLita's Mexican Food Public Convenience & Necessity (P.C.N. ) No. Reporting District SC527 (Stats for 1997) Part I Crimes 123 Persons 21 Property 102 Part II Arrests 68 Alcohol related arrests 8 Calls for service 1, 244 Census Tract 0064 Existing On Sale 8 Existing Off Sale Allowed On Sale 6 Allowed Off Sale GENERAL VICINITY: Distance To Nearest : Distance School Bradley Elementary School . 05 mi . Church United Baptist Church . 01 mi . i ! Park Rick Spiechler Memorial Park 2 .2 mi . ABC On Sale License Premises Silver Fox . 04 mi . ABC Off Sale Licensed Premises Savers Market . 09 mi . Page two Distance of parking lot to residence : 1162 N. Barton St . 25' Area Commander Comments : Lt . M. Gile states he has no objection to the issuance of this _permit as loncr as the normal restrictions (conditions) are placed on the permit . (Refer to attached conditions . ) i Police Department Recommendations : j Refer to attached Interoffice Memorandum CSR II M. Soto. I i I l I CONDITIONS 1035 Baseline St. 1 . The licensee shall be responsible for posting of signs prohibiting litter and loitering, with management enforcing this and maintaining the area free of litter and graffiti . 2 . Exterior lighting shall be sufficiently and properly maintained to illuminate al areas of the exterior of the building and property for easy detection of suspicious and criminal activity. 3 . No alcoholic beverages shall be consumed on any property adjacent to the license premises under the control of the licensee. 4 . The sale of alcoholic beverages for consumption off the premises shall be prohibited. 5. If public telephones are located on the premises, they shall be fixed for outgoing calls only. 6 . At all times when the premises are open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. EXHIBIT C BIRRIERIA AGUASCALIENTES August 23 1998 City of San Bernandino Planning and Building Services 300 No D Street San Bernandinc, CA. Dear Planning and Building Services I Hector Gonzalez is writting you a letter on the reasons why you should issue me an alcoholic beverage license, and what conviniece or necessity will bring tothe public I found that it is a convinience to the public The area around the future restaurant is more commercial., There is people always shopping around the area. Probabilies are that thre will always be some one will want to stop and enjoy a meal (anal) or a beer. This type of food is not very common in that area, that was the main reason I decided to open a restaurant serving this type of food. This type of food is to be known that customers always asked to be served with a beer With us offerring a different type of food will bring more people to the area and that means...more buisness to the existing buisnessess. Is also a challenge for me to bring or to offer different type of food . I will also be offering jobs in the future. which it will help the neihborhood. The few of the closest residents to the restaurant don' t d seem to mind about my purose of selling alcoholic beverages . I spoke to some of the residentsthey said there won' t be any problem witth them because I am oppenning a restaurant riot I an providing some signature frome some of the residents . ( see attached) There wiil be a limit to each customer on the cc summing of drinks . I wont have any drinking outside the restaurant. The residents won' t be kept from the quiet enjoyment_ of their homes . Give a chance to compl on what I am writting you in this letter. Sincerely RL HECTOR L GONZALF,L ( 909) 381 -5829 1035 E Baseline CITY OF SAN BER.NARDINO Department of Planning and Building Services Applicant Pronesed Fin .rgs of 7+:blic Convenience or Necessity Directions to the Ap Ip icant: Complete this form by providing Findings for why your alcoholic beverage sales tense is necessary for the Public's Convenience or Necessity. Use addition i sheets if necessary. It is important you take great care in providing the reasons you believe your sales license is necessary to the public's convenience or necessity since approval or denial of your r may on the reasons you provide. lease print or type) �,. /0/,y (?(,c.c /�3 , 9 r I / I �i7Y / Airi #t � 3 y�RNARDI.yG. an bernardino R A C H E L C L A R K C I T Y C L E R K January 26, 1999 Mr. Hector Gonzalez 6930 Del Rosa Avenue San Bernardino, CA 92410 Dear Mr. Gonzalez : At the meeting of the Mayor and Common Council held on January 25, 1999, the following action was taken regarding determination of public convenience or necessity for a Type 40 Liquor License for Lolita' s Mexican Food located at 1035 East Baseline Street in San Bernardino : The Mayor and Common Council determined that the public convenience or necessity is served and directed the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 40 (on-site beer only) Liquor License for Lolita' s Mexican Food located at 1035 East Baseline Street, subject to the Police Department' s Conditions of Approval . If you need further assistance, please contact the Economic Development Agency at (909) 384-5081 . Sincerely, � I �J Rachel G. Clark, CMC City Clerk CC : Mike Hays, Director of Development Services Shirley Lyon, Owner P . O . 0 0 X 1 3 1 9 , 5 A N 0 E R N A N D I N 0 , C A 9 2 9 0 2 , 3 0 0 N O R T H D S T R E E T S A N 6 E R N A R D I N 0 C A L I F O R N I A 9 2 4 1 5 - 0 0 0 1 19 0 0 1 3 9 4 - 5 0 0 2 ( 9 0 9 ) 5 9 4 . 5 1 0 2 F A X - ( 9 0 9 ) 3 9 9 . 5 1 5 9 T D 0 IT T Y -( 0 0 0 1 3 0 4 . 5 5 9 0