HomeMy WebLinkAbout35- Planning & Building Services CITY OF SAN BERNA_-DINO - REQUEST FOI, COUNCIL ACTION
From: Al Boughey, Director Subject: State Department of Alcoholic
Beverage Control Required
Dept: Planning & Building Services Determination of Public Convenience
or Necessity; Type 21 Off-Sale Liquor
Date: November 6, 1995 License for the Existing Thrifty Pay
Less Located at 949 Kendall Drive
MCC Date: November 6, 1995
Synopsis of Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council determine that Public Convenience or Necessity is served by issuance of
Type 21 Alcohol License for the Thrifty Pay Less at 949 Kendall Drive and that a letter indicating the
determination be sent from the Department of Planning and Building Services to the Department of Alcoholic
Beverage Control.
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i Contact person: Al Boughey Phone: 384-5357
Supporting data attached: Staff Report Ward: _5
jFUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
REQUIRED DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY; TYPE 21 OFF-SALE LIQUOR LICENSE FOR THE EXISTING
THRIFTY PAY LESS LOCATED AT 949 KENDALL DRIVE
MAYOR AND COMMON COUNCIL MEETING
NOVEMBER 6, 1995
IREQUEST AND LOCATION
The applicant, Thrifty Pay Less, is requesting approval from the State Department of Alcoholic
Beverage Control of a Type 21 Liquor License. This license allows the sale of beer, wine, and
hard alcohol for off-site consumption. The existing Thrifty Pay Less currently offers beer and
wine for off-site consumption and wishes to sell hard alcohol at this location.
I
The subject Thrifty Pay Less store is one of the primary tenants within the existing Stater
Brothers Shopping Center located on Kendall Drive between Shandin Hills Circle and Shandin
Hills Drive. The Shopping Center is zoned CG-1, Commercial General, with the Thrifty Pay
Less, including the alcohol sales, being a permitted use within the land use district. Due to the
fact that the Thrifty Pay Less is an establishment containing 15,000 square feet or more which
does not sell alcoholic beverages as the principal business, it is exempt from the requirement of
obtaining a conditional use permit (MCC 851).
BACKGROUND
On January 1, 1995, the Business and Professions Code was amended to require that the
determination for public convenience or necessity be added. The amendment is a result of the
existence of an "undue concentration" of alcohol establishments in certain areas. Based on the
number of establishments per person living in the area, the ABC has determined that the
urbanized areas of Riverside and San Bernardino Counties have an over concentration of
licenses. As such, the City is required to make the determination that the license serves the
public convenience or necessity.
Section 23958.4(b)(2) of the Business and Professions Code specifically states that "the
Department (ABC) may issue a license...if the local governing body of the area in which the
applicant premises are located determines that public convenience or necessity would be served
by the issuance." At the meeting of August 21, 1995, the Mayor and Common Council elected
to remain the body that reviews and issues requests for letters of Public Convenience or
Necessity.
The Police Department was contacted verbally and in a memorandum dated October 16, 1995.
As of the date this staff report was written, no objection to the proposed sale of hard alcohol has
been received by the Police Department.
DETERMINATION
The applicant's request has been reviewed and the inclusion of alcohol sales at the existing
Thrifty Pay Less store at 949 Kendall Drive will not have a negative impact on the surrounding
community and, due to the nature of the center and the store from which the alcohol will be
sold, will serve the public convenience or necessity. The determination is based on the
following findings:
1. The proposed location is an existing, upscale establishment within a newer commercial
center. The proper security and lighting will allow patrons to purchase alcohol in a safe
setting.
2. The floor area devoted to alcohol sales will be minimal and customers will benefit from
the issuance of the license by purchasing their alcoholic beverages while they shop from
the thousands of items carried in the store.
3. The sale of alcohol is reasonable and common within most Thrifty Pay Less stores. The
inclusion of alcohol sales will allow Thrifty Pay Less shoppers the same opportunities
given throughout the state.
4. The Police Department has reviewed the request and does not object to the sale of
alcohol on-site.
ENVIRONMENTAL DETERMINATION
Due to the fact that this request is not considered a project under CEQA, no determination is
necessary.
RECOMMENDATION
Staff recommends that the Mayor and Common Council determine that public convenience and
necessity is served and direct the Department of Planning and Building Services to prepare a
letter of Public Convenience or Necessity to the Department of Alcoholic Beverage Control for
the Type 21 alcohol license request at the existing Thrifty Pay Less located at 949 Kendall i
Drive.
Prepared by: Conal McNamara, Assistant Planner
for Al Boughey, AICP, Director
Planning and Building Services