HomeMy WebLinkAboutReso 2020-244RESOLUTION NO. 2020-244
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 645 H STREET SUITE B (H STREET
MARKET, 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 Necessit y; 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, H Street Market located at 645 H Street Suite B applied for an off-sale beer
and wine license with the ABC on March 2, 2020; and
WHEREAS, ABC determined there will be an over-concentration of alcohol licenses in
the census tract where the application is submitted, because two (2) are allowed and two (2) ABC
licenses currently exist in the census tract where the store is located; and
WHEREAS, on March 27, 2020, H Street Market Inc. formally requested the Police
Department to conduct a finding of Public Convenience or Necessity; and
WHEREAS, on June 30, 2020, Chula Vista Police Department held a public hearing to
gather input on Public Convenience and Necessity for alcohol sales at the H Street Market; and
WHEREAS, based on comments received at the hearing, by phone and by letter, the
majority of the community opposed to issuing an ABC license to the store because of 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
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Resolution No. 2020-244
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WHEREAS, the Chief of Police determined that Public Convenience or Necessity is not
served, as defined by the ABC, because of community opposition; the store is located in an area
with an over-concentration of alcohol licenses (10 within a two block radius); and the store is
located in a high-crime area compared to other areas in the City with an abundance of alcohol -
related crimes; and
WHEREAS, the Police Department notified the applicant of the decision, which the
applicant appealed to the City Council in a public hearing on October 20, 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
based on the reasons listed above 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 reasons listed above and the public hearing before the Council, that issuing an alcoholic
beverage license at 645 H Street Suite B (H Street Market Inc.) does not serve Public Convenience
or Necessity.
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Resolution No. 2020-244
Page No. 3
Presented by Approved as to form by
Roxana Kennedy Glen R. Googins
Chief of Police City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of October 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2020-244 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 20th day of October 2020.
Executed this 20th day of October 2020.
Kerry K. Bigelow, MMC, City Clerk
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