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HomeMy WebLinkAboutReso - CC - 091-2014RESOLUTION NO. 91-2014 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 TRANSFER OF TYPE -21 AND TYPE -42 ALCOHOLIC BEVERAGE SALES LICENSES FOR PRESTIGE WINE & SPIRITSMINE STOP TO ITS NEW LOCATION AT 337 PRIMROSE ROAD WHEREAS, Tottenheim Wines & Spirits International LLC's (dba Prestige Wines & Liquors/Wine Stop) has applied to the California Alcoholic Beverage Control Board (ABC) for transfer of its Type -21 (Off -Sale — wine, beer and distilled spirits) and Type -42 (On -Sale — wine tasting) alcoholic beverage licenses from its current premises at 1300 Burlingame Avenue to its new location at 337 Primrose Road; and, WHEREAS, the number of businesses with alcoholic beverage sales licenses in the City's downtown area exceed 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, Tottenheim Wines & Spirits International LLC's (dba Prestige Wines & Liquors/Wine Stop) has applied to the City for a finding of public convenience and necessity to obtain ABC approval of the license transfer; 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 which 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 September 2, 2014 memorandum attached to the City Council staff report, dated October 20, 2014; 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. b. The City Council determines that the public convenience and necessity would be served by transfer of Tottenheim Wines & Spirits LLCs Type -21 (Off -Sale — wine, beer and distilled spirits) and Type -42 (On -Sale — wine tasting) alcoholic beverage licenses from its current premises at 1300 Burlingame Avenue to its new location at 337 Primrose 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 transfer of the licenses: 1. Sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 7:00 p.m., Monday through Saturday, and 12:00 p.m. and 5:00 p.m. on Sundays. 2. Noise shall not be audible beyond the area under the control of the licensee, as defined on the ABC -257 (licensed premises diagram). 3. The applicant 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 under the control of the licensee within 72 hours of application. If the graffiti occurs on a Friday or weekend day, or on a holiday, the applicant shall remove the graffiti within 72 hours following the beginning of the next weekday. 5. The interior lighting within the premises shall be maintained in a condition and at intensity sufficient to permit the observation of 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 nearby properties. 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 control of the applicant, as depicted on the ABC -257. 8. Electronic video surveillance shall be maintained on the premises and shall specifically cover all entrances and exits. Recorded footage shall be retained for a minimum of 30 - days. 9. The sale of distilled spirits in sizes smaller than 200 ml is strictly prohibited. 2 Resolution No. 10. Malt beverages with alcohol content greater than 5.7% by volume shall not be sold on the premises, with the exception of "Dinner Wines" which have been aged two years or more and maintained in corded bottles. 11. The applicant shall not make structural changes to the premises interior without written approval of the Burlingame Police Department. 0 Michael I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that thforegoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 20th day of October, 2014, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary blen Kearney, City Clerk 3 Resolution No. 91-2014 9. Malt beverages with alcohol content greater than 5.7% by volume shall not be sold on the premises, with the exception of "Dinner Wines" which have been aged two years or more and maintained in corded bottles. 10. The applicant shall not make structural changes to the premises interior without written approval of the Burlingame Police Department. Gi2ucV1 . it I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that rtl- Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 201h day of October, 2014, by the following vote: AYES: Councilmembers: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE (� "aA^1 " - Mary 6len Kearney, City Clerk 3