HomeMy WebLinkAboutReso - CC - 020-2015RESOLUTION NO. 20-2015
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 A TYPE -21
ALCOHOLIC BEVERAGE SALES LICENSE JEFFREY MEISEL, FOR PROPERTY LOCATED
AT 1846 ROLLINS ROAD
WHEREAS, Jeffrey Meisel has applied to the California Alcoholic Beverage Control Board
(ABC) for issuance of a Type -21 (Off -Sale, General) alcoholic beverage license for his business
located at 1846 Rollins Road; and,
WHEREAS, the number of businesses with alcoholic beverage sales licenses in the area
where the business is located exceeds the number of such licensed businesses permitted by the
ABC for that census tract area (Census Tract 6051) and represents an "overconcentration",
pursuant to ABC policy; 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, Jeffrey Meisel has applied to the City for a finding of public convenience and
necessity to obtain ABC approval of the license; 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 north Rollins Road 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 February 5, 2015 memorandum attached to the City Council staff report, dated
March 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.
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Resolution No. 20-2015
b. The City Council determines that the public convenience and necessity would be served
by issuance of a Type -21 (Off -Sale, General) alcoholic beverage license to Jeffrey Meisel
for accessory alcohol sales from his business located at 1846 Rollins Road.
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 issuance of the licenses:
1. No noise shall be audible beyond the area under the control of the licensees) as defined
on the ABC -257.
2. The petitioner
shall
be responsible for
maintaining
free of litter the area adjacent to the
premises over
which
they have control.
control of the licensee
as depicted on the ABC -257.
3. 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.
4. 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.
5. 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.
Terry Nagel, Mayor
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 March, 2015, by the following vote:
AYES: Councilmembers: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
r;
Mary Ellen Kearney, City Clerk
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