city of Chula Vista

File #: 16-0554    Name: Public Convenience or Necessity hearing - 99 Cents Only Store
Type: Public Hearing Status: Filed
In control: City Council
On agenda: 12/6/2016 Final action: 12/6/2016
Title: CONSIDERATION OF THE DECISION OF THE CHIEF OF POLICE AND FINDING REGARDING AN ALCOHOLIC BEVERAGE LICENSE AT A 99 CENTS ONLY STORE LOCATED ON THIRD AVENUE A. 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 1030 THIRD AVENUE (99 CENTS ONLY STORE) DOES NOT SERVE PUBLIC CONVENIENCE OR NECESSITY - OR - B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVERSING THE DECISION OF THE CHIEF OF POLICE AND FINDING THAT AN ALCOHOLIC BEVERAGE LICENSE AT 1030 THIRD AVENUE (99 CENTS ONLY STORE) SERVES PUBLIC CONVENIENCE OR NECESSITY
Attachments: 1. Item 11 - Resolution A, 2. Item 11 - Resolution B, 3. Item 11 - Attachment 1, 4. Item 11 - Attachment 2, 5. Item 11 - Attachment 3, 6. Item 11 - Attachment 4, 7. Item 11 - Attachment 5, 8. Item 11 - Attachment 6, 9. Item 11 - Additional Information
Title
CONSIDERATION OF THE DECISION OF THE CHIEF OF POLICE AND FINDING REGARDING AN ALCOHOLIC BEVERAGE LICENSE AT A 99 CENTS ONLY STORE LOCATED ON THIRD AVENUE



A. 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 1030 THIRD AVENUE (99 CENTS ONLY STORE) DOES NOT SERVE PUBLIC CONVENIENCE OR NECESSITY

- OR -

B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVERSING THE DECISION OF THE CHIEF OF POLICE AND FINDING THAT AN ALCOHOLIC BEVERAGE LICENSE AT 1030 THIRD AVENUE (99 CENTS ONLY STORE) SERVES PUBLIC CONVENIENCE OR NECESSITY

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RECOMMENDED ACTION
Recommended Action
Council conduct the public hearing and adopt Resolution A.

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SUMMARY
Steven Rawlings, consultant to 99 Cents Only Stores, has appealed the Chief of Police's finding that an alcoholic beverage license would not serve Public Convenience or Necessity.

ENVIRONMENTAL REVIEW

Environmental Notice
Environmental Notice
The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

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Environmental Determination



BOARD/COMMISSION RECOMMENDATION
Not Applicable.

DISCUSSION
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. Section 23958 of the California Business and Professions Code gives ABC the authority to deny an application for a license if such a license would result in an over-concentration of licenses and/or a higher than average crime rate in the area. The Business and Professions Code requires the local governing body to determine if a public convenience or necessity is served by the issuance of the alcoholic beverage license given ABC's initial determination of over-concentration and/or high...

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