HomeMy WebLinkAboutReso 2017-168RESOLUTION NO. 2017-168
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE DECISION OF THE CHIEF
OF POLICE AND FINDING THAT AN ALCOHOLIC
BEVERAGE LICENSE AT 4232 AND 4230 A & B BONITA
ROAD (7 -ELEVEN 'INC.) DOES NOT SERVE PUBLIC
CONVENIENCE OR NECESSITY
WHEREAS, the Department of Alcoholic Beverage Control (ABC) is responsible for the
issuance of licenses for the sale of alcoholic beverages in the State of California; and
WHEREAS, Section 23958 of the California Business and Professions Code authorizes
the ABC to deny an application for a license if such a license would result in an undue
concentration of licenses and/or a higher than average crime rate in the area; and
WHEREAS, Section 23958.4(b)(2) of the California Business and Professions Code
authorizes the local governing body or its designated subordinate officer or body to determine
whether issuance of an alcohol license serves Public Convenience or Necessity; and
WHEREAS, Chula Vista Municipal Code section 5.09.010 designates the Chief of Police
to consider and approve, disapprove or modify applications for determinations of Public
Convenience or Necessity; and
WHEREAS, Chula Vista Municipal Code section 5.09.050 authorizes the applicant or an
interested party to appeal the Chief of Police's determination of Public Convenience or Necessity
to the City Council; and
WHEREAS, the 7 -Eleven store located at 4232 and 4230 A & B Bonita Road applied for
an off -sale beer and wine license with the ABC; and
WHEREAS, ABC determined there is an over -concentration of alcohol licenses in the
census tract where the application is submitted, because three (3) are allowed but six (6) ABC
licenses exist in the census tract where the store is located; and
WHEREAS, on April 10, 2017, Sherrie Olson of 7 -Eleven Inc. formally requested the
Police Department to conduct a finding of Public Convenience or Necessity; and
WHEREAS, on June 20, 2017, the Chula Vista Police Department held a public hearing
to gather input on Public Convenience and Necessity for alcohol sales at the 7 -Eleven store; and
WHEREAS, based on comments received at the hearing (9 attendees), by phone (29
calls) and by letter (26 received by the Police Department), the majority of the community is
opposed to issuing an ABC license to the store because of existing over -concentration of alcohol
licenses, easy access to alcohol by transients, increase in alcohol-related crimes, increase in
traffic congestion and decrease in quality of life; and
Resolution No. 2017-168
Page No. 2
WHEREAS, the Police Department noted 26 alcohol-related calls for service, to include
drunk driver and drunk in public, and 17 transient -related calls for service in the last Fiscal Year;
and
WHEREAS, the Chief of Police determined that Public Convenience or Necessity is not
served, because of community opposition, alcohol-related and transient -related calls for service,
and, as defined by the ABC, the store is located in an area with an over concentration of alcohol
licenses; and
WHEREAS, the Police Department notified the applicant of the decision, which the
applicant appealed to the City Council in a public hearing, which was held on September 12,
2017.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, based on the foregoing and the public hearing before the Council, that it affirms the
decision of the Chief of Police.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, based on
the foregoing and the public hearing before the Council, that an alcoholic beverage license at
4232 and 4230 A & B Bonita Road (7 -Eleven store) does not serve Public Convenience or
Necessity.
Presented by Approved as to form by
llL
Roxa a Kennedy
Chief of Police
Resolution No. 2017-168
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of September 2017 by the following vote:
AYES: Councilmembers: Aguilar, McCann, Padilla, and Salas
NAYS: Councilmembers: Diaz
ABSENT: Councilmembers: None
Mary Sal , Mayor
ATTEST:
Kerry K. 'i elow,AMC, Acting City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry K. Bigelow, Acting City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2017-168 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 12th day of September 2017.
Executed this 12th day of September 2017.
Kerry K.i elow, M AC, Acting City Clerk