HomeMy WebLinkAboutReso 1995-17989 RESOLUTION NO. 17989
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DELEGATING THE CITY'S AUTHORITY TO DETERMINE PUBLIC CONVENIENCE
AND NECESSITY FOR ALCOHOLIC BEVERAGE LICENSING TO THE POLICE
DEPARTMENT FOR A PERIOD OF SIX MONTHS.
WHEREAS, the State Legislature in 1994, enacted Business and Professions Code
Section 23958.4, authorizing the City to determine whether an alcoholic beverage application
meets public convenience and necessity notwithstanding a determination of an undue
concentration of licenses; and
WHEREAS, the City Council may delegate the duties of determination to a board,
individual, or department; and
WHEREAS, the determination of whether an application meets public convenience and
necessity is based on, among other things, crime statistics and the ratio of licenses to
population in the area; and
WHEREAS, the Council finds that the proposal is categorically exempt from
environmental review as a 15061 (b)(3), General Rule exemption; and
WHEREAS, the City Council finds that the Police Department has the ability and
resources to determine incidence of crime and the effect of undue concentration of liquor
stores and/or bars.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as
follows:
1. That the above recitations are true and correct.
2. For a period of six months and using such due process as the City Attorney
determines is required and appropriate, the Police Chief is authorized to determine whether
an application for an alcoholic beverage license should be approved based on public
convenience and necessity notwithstanding a determination that there is an undue
concentration of licenses. The Police Department shall provide ABC, the Applicant, and the
City Council with written Notice of Determination, and in the case of new applications, report
said Notice to the City Council on their next available agenda as a consent item, during the
trial period.
3. That Applicant may appeal the Police Chief's determination to the City Council
by filing a written appeal with the City Clerk within ten days of mailing of notice.
4. That the City Council will send Applicant and Department of Alcoholic Beverage
and Control Notice of the City Council final determination.
5, That staff shall return to the Council prior to the expiration of the six-month
period with a report and recommendation regarding the permanent treatment of this matter.
Resolution No. 17989
Page 2
6. That Department of Alcoholic Beverage and Control will be bound by the City's
decision in those cases authorized by Business and Professions Code Section 23958.4.
Richard P. Emerson Bruce M, Boogaar~'
Chief of Police City Attorney
Resolution No. 17989
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 1 st day of August, 1995, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
orton, Mayor
ATTEST:
· Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17989 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 1st day of August,
1995.
Executed this 1 st day of August, 1995·
Beveily~. Aut~elet, City Clerk