HomeMy WebLinkAboutReso - CC - 023-2010RESOLUTION NO. 23-2010
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 1160 BROADWAY (WALGREEN'S)
WHEREAS, Walgreen's 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 Walgreen's, located at 1160 Broadway; 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, Walgreen's 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 Broadway 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 approve the application for Walgreen's for a determination of public convenience and
necessity in its report attached to the staff report;
follows:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Burlingame as
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 Walgreen's for an
existing pharmacy and retail store located at 1160 Broadway.
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 licenses for Walgreen's at 1160 Broadway:
Resolution No.
1) Ensure that any actual alcoholic beverage window displays be kept to a minimum to
discourage theft.
2) The interior and exterior designs of the building should include camera monitoring and
recording to assist local law enforcement in the suppression of crime and the
identification and apprehension of violators of the law, in- or outside of the business.
3) The company shall support efforts of the ABC, the Burlingame Police Department, and
local schools related to student education in the areas of alcohol awareness, danger
and avoidance, and education awareness about the dangers of DUI driving in local
high schools that have teenage students at (or near) driving age.
aut-- ti 41--�
Cathy Baylock, 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 19th day of April, 2010, by the following vote to wit:
AYES: Councilmembers: BAYLOCK,
NOES: Councilmembers: NAGEL
ABSENT: Councilmembers: NONE
2
,DEAL, KEIGHRAN
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Mary Ellen Kearney, City CI rk