HomeMy WebLinkAboutReso - CC - 067-2012RESOLUTION NO. 67-2012
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 20 ALCOHOLIC BEVERAGE
SALES LICENSE FOR 1390 BAYSHORE HIGHWAY
(BAYSHORE SHELL)
WHEREAS, West Coast Convenience, LLC (dba "Bayshore Shell") has applied to the
California Alcoholic Beverage Control Board ("ABC") for a "Type 20" license to permit the sale of
beer and wine for off -premises consumption at Bayshore Shell, located at 1390 Bayshore
Highway; 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 license 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, Bayshore Shell has applied to the City for a determination of public
convenience and necessity to obtain a Type 20 alcoholic beverage sales license from the ABC;
and,
WHEREAS, the Police Department has reviewed this application, investigated the number
of alcohol related incidents in this census tracts and reviewed the names and locations of
businesses with alcoholic beverage sales licenses in the vicinity of the property; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Burlingame as
follows:
1) All of the facts recited above and in the staff report and in all of the attachments thereto,
are true and correct.
2) The City Council determines that the public convenience and necessity would be served
by the issuance of a Type 20 alcohol sales license to West Coast Convenience, LLC (dba
"Bayshore Shell") for an existing motor fuel station and convenience store located at 1390
Bayshore Highway.
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 issuance of the alcohol sales license for Bayshore Shell at 1390 Bayshore Highway:
Resolution No.
1) Sales of alcoholic beverages shall not be permitted between the hours of midnight and
6:00 a.m. daily.
2) No more than 5% of the square footage of the premises shall be used for the display of
alcoholic beverages.
3) The licensee shall be responsible for ensuring that the area adjacent to the premises that
they control remains free of litter.
4) Graffiti shall be removed from the premises and all parking lots 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 licensee shall remove the graffiti within 72 -hours following the
beginning of the next weekday.
5) 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.
6) 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.
7) All ice shall be sold at or above prevailing prices in the area and in quantities not less than
one pound per sale and shall not be given away free of charge.
8) No person under the age of 21 shall sell or deliver alcoholic beverages.
9) The sale of beer or malt beverages in quantities of 16 oz., 22 oz., 32 oz., 40 oz., or similar
sized containers is prohibited.
10) No beer or malt beverages shall be sold in quantities of less than manufacturer pre-
packaged six packs per sale with the exception of wind -coolers or beer -coolers which
must be sold in manufacturer pre-packaged multi -unit quantities of 4 or more.
11) No wine shall be sold within an alcoholic content of greater than 15% buy 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) All alcoholic beverages shall be inaccessible between the hours of midnight and 6 a.m.
(either locked in cases within the sales area or in a storage room inaccessible to the
public).
14) A copy of the ABC license and applicable operating conditions shall be available during
operating hours for viewing by the general public and law enforcement personnel.
15) Electronic surveillance shall be maintained in the area where alcoholic beverages are on
display.
2
Resolution No.
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 17`h day of September, 2012, by the following vote to wit:
AYES: Councilmembers: BAYLOCR,BROWNRIGG,DEAL,REIGHRAN
NOES: Councilmembers: NAGEL
ABSENT: Councilmembers: NONE
Mary Elle Kearney, City Cler