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HomeMy WebLinkAboutReso - CC - 013-2015RESOLUTION NO. 13-2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE SERVED BY THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD'S ISSUANCE OF TYPE -20 AND TYPE -42 ALCOHOLIC BEVERAGE SALES LICENSES FOR DEL OLIVA INCORPORATED, LOCATED AT 1440 BURLINGAME AVENUE WHEREAS, Del Oliva Incorporated has applied to the California Alcoholic Beverage Control Board (ABC) for issuance of Type -20 (Off -Sale - Wine) and Type -42 (On -Sale - wine tasting) alcoholic beverage licenses for its business located at 1440 Burlingame Avenue; and, WHEREAS, the number of businesses with alcoholic beverage sales licenses in the City's downtown area exceeds the number of such licensed businesses permitted by the ABC for that census tract area ("overconcentration"); and, WHEREAS, pursuant to California Business and Professions Code section 23958.4, an applicant for a beverage sales license in an area of "overconcentration" of alcoholic beverage sales licenses can request the local governmental agency to determine that the public convenience and necessity would be served by the issuance of the alcohol beverage sales license and, if the local agency so finds, the ABC will issue the license; and, WHEREAS, Del Oliva Incorporated has applied to the City for a finding of public convenience and necessity to obtain ABC approval of the licenses; and WHEREAS, the Police Department has reviewed this application, investigated the number of alcohol-related incidents in this census tract and reviewed the names and locations of businesses with alcoholic beverage sales licenses in the Burlingame Avenue commercial area; and WHEREAS, the Police Department, after determining that no facts or circumstances exist that would prevent the City's determination of public convenience and necessity, recommends that the City Council adopt a finding of public convenience and necessity, based upon the analysis contained within its November 5, 2014 memorandum attached to the City Council staff report, dated February 2, 2015; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Burlingame as follows: a. All of the facts recited above and in the staff report and in all of the attachments thereto, are true and correct. 1 Resolution No. 13-2015 b. The City Council determines that the public convenience and necessity would be served by issuance of Type -20 (Off -Sale — Wine) and Type -42 (On -Sale — Wine Tasting) alcoholic beverage licenses for Del Oliva, located at 1440 Burlingame Avenue. BE IT FURTHER RESOLVED THAT, based upon the Burlingame Police Department's review of the matter, the City Council suggests that the ABC consider the following conditions as part of the ABCs transfer of the licenses: Sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 6:00 p.m Monday through Saturday, and 11:00 a.m. and 5:00 p.m. on Sundays. 2. No noise shall be audible beyond the area under the control of the licensee(s) as defined on the ABC -257. 3. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. 4. Graffiti shall be removed from the premises and all parking lots under the control of the licensee within seventy-two (72) hours of application. If the graffiti occurs on a Friday or weekend day, or on a holiday, the licensee shall remove the graffiti within seventy-two (72) hours following the beginning of the next weekday. 5. The interior lighting maintained therein shall be sufficient to make easily discernible the appearance and conduct of all persons and patrons in that portion of the premises where alcoholic beverages are sold, served, delivered or consumed. 6. The exterior of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the premises. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 7. Loitering (loitering is defined as "to stand idly about; linger aimlessly without lawful business") is prohibited on any sidewalks or property adjacent to the licensed premises under the control of the licensee as depicted on the ABC -257. 8. No person under the age of 21 shall sell or deliver alcoholic beverages. 9. The sale of distilled spirits in sizes smaller than 200 ml is strictly prohibited. 10. No malt beverage shall be sold with an alcoholic content great than 5.7% by volume or in quantities of 16 oz. or greater. Resolution No. 13-2015 11. No wine shall be sold with an alcoholic content of great than 15% by volume except for "Dinner Wines" which have been aged two years or more and maintained in corded bottles. 12. Wine shall not be sold in bottles or containers smaller than 750 ml. 13. Petitioner shall not make structural changes in the premises interior without prior written approval from the Department. Terry Na el, Ma or I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 2nd day of February, 2015, by the following vote: AYES: Councilmembers: BROW NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ,REIGHRAN,NAGEL,ORTIZ,ROOT 3 (Vi L��L6 " - Mary EII n Kearney, City Clerk Ruben Hurin-Senior Planner Community Development Department Planning Department City of Burlingame 501 Primrose Road Burlingame, CA 94010-3997 OCT 2 3 2011 CITY OF BURLINGAME ODD -PLANNING DIV. RE: Request for Determination of Public Convenience & Necessity for Type 20 and Type 42 ABC Licenses for "De Oliva" @1440 Burlingame Avenue, Burlingame. CA 94010 Dear Mr. Hurin, My husband, Mohammad Reza Sohirad, and I, Seyedeh Homa Ijadi, are the owners of De Oliva store at the above address, We are in the process of filling out an ABC application for the sales and service of Beer & Wine at our above listed store. The Department of Alcoholic Beverage Control will require from the City of Burlingame to make a determination of Public Convenience & Necessity for the premises, under Sec. 23958A of the Business & Profession Code, before they can approve our application. We are respectfully requesting that the City of Burlingame after reviewing our application, determine that a type 42 and a type 20 license at our store will serve Public Convenience and Necessity. The type 42 License is an On Sale Beer & Wine Public Premises License, (21 & Over only) and the type 20 License is an Off Sale Beer & Wine License for purchases to take away from the premises. Please see below the way we wish to utilize these licenses and how they will help to improve our business operation. Type 42 License: On Sale Privilege of Beer & Wine, would allow us to utilize the back room of our store as a designated area for wine tastings (see diagram). This area would be posted for 21 and over only as required by State Law and would be for our customers who wish to sample various; high end wines that we wish to carry. The customers would then be able to make an informed determination of wines they wish to add to their gift baskets or for purchases to be made and enjoyed at home. This experience will allow our customer to sample our fine wine selection and to make a decision based on their personal taste and experience prior to selecting wines they wish to purchase. Type 20 License: Off -Sale Beer & Wine License, which permits the sale of beverages to be sold for consumption away from the premises. This license would allow the customer to then purchase the wines they have selected to utilize for their enjoyment at their homes, gift baskets or gifts to friends. We would request this license so that we can then have the required license to sell the wine purchased as gifts or in gift baskets made to order per the request of our customer. We have been owner operators of our store since 2010 and have been so grateful to be part of the City of Burlingame and the community. Our location, is on the main downtown shopping district of Burlingame Avenue and is located next to numerous shops and restaurants. Our business is very unique to the avenue as we are a specialty type store. We are a small family operated business and also work full time at our store. Our store offers the freshest organic olive oils, balsamic vinegar and related food items to compliment the wonderful gift baskets and purchases made by our customers. We specialize in bringing in and providing the freshest product to our customers and have received praise for our integrity of product and service to our community. We have enjoyed being part of this community and are attempting to upgrade our business by providing more products and items so that we will increase our customer base. Although the addition of these licenses will be incidental to the overall business that we now have, we feel the approval of the above licenses for our store will help us to be more financially competitive with other like type stores in the community. In addition, our customers frequently ask to add special wines to their gift baskets or to compliment their meals at home. We feel that these improvements will increase our business which will in tum be financially beneficial to us, and to the city by the taxes we now pay and the increased anticipated revenue. Our business has received such positive reviews from our customer base and also from online reviews. We feel that the approval and issuance of the two requested licenses will not be detrimental to the health and welfare of our surrounding neighbors. The City of Burlingame does not maintain crime statistics, however, we feel confident that the type of business operation that we run will not add or increase police activity. We will continue to be good neighbors and have always maintained a positive impact on our surrounding neighbors. Our hours of operation and our family type business will continue to be an asset to the community. In conclusion, we are very responsible business owners and know that we will be more financially secure in our business by the addition of the type 42 and type 20 licenses. This will help to increase the profits for our business and in tum provide a much requested service to our customer base. We understand the Rules & Regulations of the Alcoholic Beverage Control and we would like the City to know that we will attend the ABC LEAD Training Class that is offered by the ABC. This is not a mandatory class, but we feel that it is very important to know the laws regarding the sale and service of alcoholic beverages, checking of ID's, and therefore feel we must attend. Based on all of the above, we feel that we are in compliance and fall within the pervue of Sec 23958.4 of the Business & Profession Code. We hope that the City of Burlingames findings will be favorable so that the Department of Alcoholic Beverage Control will also approve issuance of the applied for licenses. Please see the attached diagrams that will indicate the area that would be utilized for the type 42 and type 20 licenses, If you have further questions or need further documents, please do not hesitate to call me, I can be reached at (408) 644-5927. Sincerely, Homa Ijade & Mohammad Reza Del' Oliva Department of Alcoholic Beverage Control PLANNED OPERATION (RETAIL) SECTION 1- FOR ALL RETAIL APPLICANTS 1. APPLICANTNAME(S) 2 LICENSETYPEM �- 3. PREMISES ADDRESS (Street number and name, day.ep cod�e)'•� 4. NEAREST CROSS STREET 5.TYPEOFBUSINESS(Choo lhatbaettleam(lbeeth Pla Oc ❑Full Service Restaurant []Cafatarii ralbn) JHofbrau ❑Cocktail Lounge ❑Private Club ❑Deli or Specialty Restaurant []Comedy) Club ❑ Night Club ❑ Veterans Club ❑Cafe/Coffee Shop ❑Brew Pub ❑Tavern ❑ Fraternal Club Breakfast []Theater ............... ❑Wine Tasting Room ..................... . .. ........... _....................................... _........ _...... ............... _....... .❑Bed$ . .......... I .... _ ......... ❑Supermarket ❑Membership i._.........._......_.._....._ Store ❑Service Station []swap Meet/Fiea Market ❑Liquor Store ❑De artaient Store ❑Convenience Market ❑Drive-in Dairy ❑Vadety/DrugStore ❑GiftShop/Horist ❑Convenience Marketw/Gasoline Opther - describe: S. PATRON CAPACITY 7. SURROUNDING AREA Commercial []Rural 3. PREMISES IS LOCATED IN a Standing Building ❑Residential []Industrial ShnppingCenter (Name): ❑Other _ ❑10 Units or Less E] More than 10 Units 9. FOODSERVICE 10. PARKINGLCT? 11. PATIO? 12. WU YOU HIRE MANAGE -1-57 13. WILLYDUHAVEA FOODLESSEE?(Rule 57.7) one ❑Minimal ❑Full Meals ❑No El Yes No - ❑Yes 3E1 o []Yes o 14. EALTYPE R. TYPE OFF D 16. HOURS OF FOOD SERVICE BREAKFAST HOURS []Dinner House []Seafood ❑American ❑ k []Indian []French From: .To„ ..... ❑Fast Food/Deli []Other: []Chinese roan []Italian []Thai LUNCH HOURS From: .To; ......- ............................. .................. _... ❑Piva/Pasta . ❑J anese OE] Other: ,'INNER HOURS From: To: lr. OPERATING HOURS Sunday I Monday Tuesday Wednesday Thursday Friday Saturday Opening Time /% ru rr— A Iva— "" 6 P• W- Closing Time 4J R r M 10,ENTERTAINMENT conear mom may -ply. Pleasedascdbe t0Non❑ e ❑*Ampliflled antedeNmentwM an ealerick Music (')belpv+) ❑ Patron Dancing []Card Rood Recorded Music ❑"Live ElI ntertainment ❑ Hikini/ioplesa/Exotic ❑Movies ❑Juke Box ❑*Floor/Stage Shows ❑ Pool/Billiard Tables ❑"Hot Spot"/Lottery I-l*nthor nKaraoke n*Amateur/Pro Sports Events ❑Video/Coin-Operated Games *Description: 19. PREMISES IS LOCATED ON��{T 20. TYPE OF STRUCTURE []Major Thoroughfare K (Seco �dary Street 'd Single Story []TWO -Story []Other�"� ❑ Multi -Story - Number of stories: 21. PASSTHROUGHWINDOW? 22. FI%E08A 57 ?3. WHAT PERCENTAGE OF YOUR 11 PI, �/'A ,�(' *rCOHMICBEVERAaG1ES? Dyes �'N0 I ❑Yes -POW many: �J �o FOR ABC USE ONLY V 24. INFORMATION GIVEN (R-27, R407, Be. 258125, Sec. 23790 5, elcU 25. ,'PTE ENTERED INTO CABIN ABC -257 (REVERSE) (5105) Department of Alcoholic Beverage Control - state of caliroRmia LICENSED PREMISES DIAGRAM (RETAIL) 1. APPLICANT NAME (Lasa Amt middle) 2 LICENSE TYPE 3. kI!MISESADDRESS (Sheetnumberand iwne, dky, Yp mde) '4 NEARESTCROSSSTREET ltiqo- - The diagram below is a true and correct description o the entrances, exits, interior walls and exterior boundaries of the premises to be licensed, including dimensions and identification of each room (i.e., "storeroom" „o,�lc_.e..:; etc). ._....-_.. .............. .......... ......_- DIAGRAM .......... ..�....................................... ........... I...... '1;_,-�:I':•. ............ `f............�_... ... ............... .................. .,.. .... ..._ .............. . --.._..i'-. ._ .. .-. . . . . . . . , . . • . . . . . . . . . . ......,> .. } 1. . . ................... ii..:..C:..............f .......................... ..... 1. .... .i .................. . .... I..... .. .. ........... I ...... ........................... . ... .- ............ ST^ -i- .................. ..............�.. ..- ...............................'i...............ti..�.,............... .$ ............ .............I. ................................... .............i,�.:.`...... ._ pis;.=;. ........................................... E ........... LL i . ~.........).:k4. n: -t .. ................ .. .. ..... ... . .. .... i:.. .................•...•............•....•...•....'. I1���:!. ......... I.....••. '. y' .................... .Y ......................... ..............�1._........... ...... :.. ... ............................... .. .... "';f w; ...... . . ... ... . . . . . . . . . . . :J. .. r_ ... - '� .. . .. . . . ... . . . . . .. . . . . . ........................:............................................ ....... ........................ ..........p............ ........................... .. ......'uh:i.....: 4 a�=..•.C-,...."�r . ........ ............ ......... ...... .. . v ............. ..... .............. ... .... ... .......... .... ... It is hereby declared that the abovo-described boundaries, entrances and planned operation as indicated on the reverse side, will not be changed without first notifying and securing prior written approval of the Department of Alcoholic Beverage Control. I declare under penalty of perjury that the foregoing is true and correct. --E'--i __-._ .... _. _ . APPLICANT SIGNATURE ly ane signaWre regoNed) _ - DATE SIGNED ,_- __ OR ABC USE ONLY CERTI ... ......... .. ... -' - IlgnaWre) INSPECTION DATE - ABC 257 (5105) Department of Alcoholic Beverage Control i ZONING AFFIDAVIT Instructions to the Applicant. Complete Items I -14. State of Califomia ARNOLD SCHWARZENEGGER, Govemor and date the form and submit it to ABC. name. W. ZIP noel ................ _. ,county Aaaeseors emm) contact ci planning, ifoutside, contact conn planning. x', r"I eWARE APPLICANT PREMISEa ZGNEOT STATE TYPE a... 'U rammmdel,"R"resitlet'Na(etc) Under the penalty of perjury, I declare the information in ibis affidavit is true to the best of my knowledge. ' C.U.P. Approved -I C.U.P. Denied GENERAL -Section 23790 of the Business and Professions Code says that ABCmay not issue a retail license contrary to a valid zoning ordinance. This form will help us determine whether your proposed business is properly zoned for alcoholic beverage sales. •A conditional use permit (CUP) (Item 11) is a special zoning permit granted after an individual review of proposed land -use has been made. CUP's are used in situations where the proposed use may create hardships or hazards to neighbors and other community members who are likely to be affected by the proposed use. The ABC district office will not make a final recommendation on your license application until after the local CUP review process has been completed. If the local government denies the CUP, ABC must deny your license application. 23790. Zoning ordinances. No retail license shalt be issued for any premises which are located in any territory where the exercise of the rights and privileges conferred by the license is contrary to avalid zoning ordinance of any USE ONLY tMATiON Premises which had been used in the exercise of those rights and privileges at a time prior to the effective date of the zoning ordinance may continue operation under the following conditions: (a) The premises retain the same type of retail liquor license within a license classification. (b) The licensed premises are operated continuously without substantial change in mode or character of operation. For purposes of this subdivision, a break in continuous operation does not include: (1) A closure for not more than 30 days for purposes of repair, if that repair does not change the nature of the licensed premises and does not increase the square footage of the business used for the sale of alcoholic beverages. (2) The closure for restoration of premises rendered totally or partially inaccessible by an act of God or a toxic accident, if the restoration does not increase the square footage of the business used for the sale of alcoholic beverages. BURLINGAME POLICE DEPARTMENT Memorandum To: William Meeker, Community Development Director From: Eric Wollman, Police Chief Subject: Determination of Public Convenience or Necessity for 1440 Burlingame Ave (Del' Oliva) Date: November 5, 2014 Del' Oliva, a small, independently run, specialty store that sells fresh organic olive oils, balsamic vinegar, and related food items, requests approval of a Finding of Public Convenience and Necessity (FOPCN) to allow on-site consumption and off-site sales of beer and wine (License Type 42 and 20). The Alcohol Beverage Control Board (ABC) enforces the licensing of alcoholic retailers regulated by State Law under Section 23958 of the Business and Professional Code. ABC will deny any application if issuance of the license will create a law enforcement problem or if issuance will result in or add to an undue concentration of licenses. Del' Oliva is currently located in Census Tract #6055, which roughly consists of downtown Burlingame and its surrounding area. There are currently 53 total licenses in this Census Tract (48 on -sale licenses and 5 off -sale licenses). The phrase "public convenience and necessity" is not defined in either the Alcohol Beverage Control Act provisions of the State Business and Professions Code or in the ABC guidelines. Other than the number and location of licensed alcohol premises, the Burlingame Police Department used the following factors to determine the level of support for a finding of "public convenience and necessity": Del' Oliva has operated in this area for over 4 years with no police related calls for service; Their on-site consumption will be limited to a small, separate section of their retail space and limited to wine tasting only; Their off-site sales will be limited to gift baskets which include a bottle(s) of wine; Del' Oliva is located in the Downtown Burlingame Business District with no parks, schools, or residential housing in the area. BPD's conclusion is as follows: Del' Oliva, is a small, independently run, specialty store that sells fresh organic olive oils, balsamic vinegar, and related food items. They have provided this service to the community for over 4 years without any negative impact on the community. Their on-site consumption will be limited to a small, separate section of their retail space and limited to wine tasting only. Their off-site sales will be limited to the sale of gift baskets which include a bottle or bottles of wine. It does not appear as if their request will create a law enforcement problem in that area. The police department has no reason to deny the request; however, we recommend that any approval of their transfer request be subject to the following conditions: Sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 6:00 p.m Monday through Saturday, and 11:00 a.m. and 5:00 p.m. on Sundays. No noise shall be audible beyond the area under the control of the licensee(s) as defined on the ABC -257. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control. Graffiti shall be removed from the premises and all parking lots under the control of the licensee within seventy-two (72) hours of application. If the graffiti occurs on a Friday or weekend day, or on a holiday, the licensee shall remove the graffiti within seventy-two (72) hours following the beginning of the next weekday. The interior lighting maintained therein shall be sufficient to make easily discernible the appearance and conduct of all persons and patrons in that portion of the premises where alcoholic beverages are sold, served, delivered or consumed. The exterior of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the premises. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. Loitering (loitering is defined as "to stand idly about; linger aimlessly without lawful business") is prohibited on any sidewalks or property adjacent to the licensed premises under the control of the licensee as depicted on the ABC -257. No person under the age of 21 shall sell or deliver alcoholic beverages. The sale of distilled spirits in sizes smaller than 200 ml is strictly prohibited. No malt beverage shall be sold with an alcoholic content great than 5.7% by volume or in quantities of 16 oz. or greater. No wine shall be sold with an alcoholic content of great than 15% by volume except for "Dinner Wines" which have been aged two years or more and maintained in corded bottles. Wine shall not be sold in bottles or containers smaller than 750 ml. Petitioner shall not make structural changes in the premises interior without prior written approval from the Department.