city of Chula Vista

File #: 17-0378    Name: PCN appeal hearing 7-Eleven at Bonita Road
Type: Public Hearing Status: Passed
In control: City Council
On agenda: 9/12/2017 Final action: 9/12/2017
Title: CONSIDERATION OF THE DECISION OF THE CHIEF OF POLICE AND FINDING REGARDING AN ALCOHOLIC BEVERAGE LICENSE AT 7-ELEVEN LOCATED ON BONITA ROAD A. RESOLUTION NO. 2017-168 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 - 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 4232 AND 4230 A & B BONITA ROAD (7-ELEVEN INC.) SERVES PUBLIC CONVENIENCE OR NECESSITY
Attachments: 1. Item 8 - Resolution A, 2. Item 8 - Resolution B, 3. Item 8 - Attachment 1, 4. Item 8 - Attachment 2, 5. Item 8 - Attachment 3, 6. Item 8 - Attachment 4 (A), 7. Item 8 - Attachment 4 (B), 8. Item 8 - Attachment 5, 9. Item 8 - Attachment 6, 10. Item 8 - Attachment 7, 11. Item 8 - Presentation, 12. Item 8 - Applicant - 7-Eleven Chula Vista Bonita, 13. Item 8 - Correspondence received 9/14/2017
Related files: 20-0391
Title
CONSIDERATION OF THE DECISION OF THE CHIEF OF POLICE AND FINDING REGARDING AN ALCOHOLIC BEVERAGE LICENSE AT 7-ELEVEN LOCATED ON BONITA ROAD

A. RESOLUTION NO. 2017-168 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

- 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 4232 AND 4230 A & B BONITA ROAD (7-ELEVEN INC.) 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
Mike MacFarland of 7-Eleven, Inc. has appealed the Police Department'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 whether 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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