HomeMy WebLinkAboutReso - CC - 058-2010RESOLUTION NO. 58-2010
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 1480 BROADWAY (R & M BROADWAY 76)
WHEREAS, R & M Broadway 76 has applied to the California Alcoholic Beverage
Control Board ("ABC") for an off -sale beer and wine license (Type 20) to allow the sale of beer
and wine for off-site consumption from the retail sales area of the existing motor fuel station (a
conditionally permitted use) at 1480 Broadway; and
WHEREAS, the number of businesses with alcoholic beverage sales licenses in the
Broadway commercial district area exceed the number of such licensed businesses permitted by the
ABC for that census tract area (defined as "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 consider issuance of the license; and,
WHEREAS, R & M Broadway 76 has applied to the City for a determination of public
convenience and necessity to obtain an alcoholic beverage sales licenses 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 district; and
WHEREAS, the Burlingame City Council conducted a public hearing on August 16, 2010
during which time, it considered the analysis presented by the Police Department as contained in
the written staff report to the City Council prepared by the Community Development Department,
as well as all other written and oral testimony provided during the course of the public hearing; and
WHEREAS, the Council determined that the R & M Broadway 76 stays open until 11 pm,
longer than other stores selling beer and wine in the immediate area and thereby providing a
convenience to the citizens in the surrounding area; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Burlingame as follows:
1) All of the facts recited above, in the staff report and in all of the attachments thereto, are
true and correct.
RESOLUTION NO. 58-2010
BE IT FURTHER RESOLVED THAT the City Council suggests that the ABC consider the
following conditions as part of the issuance of the alcohol sales licenses for R & M Broadway 76,
located at 1480 Broadway:
1) R & M Broadway 76 shall commit to contribute to alcohol awareness
programs at Burlingame High School (BHS) that will help keep local
children informed about the dangers of alcohol consumption.
2) All alcohol will be sold in a cooler in the back of the convenience store;
large single -serving containers of beer and wine shall not be sold. The
alcohol sales area shall be limited to a maximum area of 75 square feet of
the retail space.
3) On-site video camera surveillance shall be maintained and operated. Live
video feed and/or recordings shall be made available to the Burlingame
Police Department via access to a secure website or video disc. A
prominent sign notifying all patrons that they are being videotaped for their
safety as well as the safety of others shall be displayed on the premises.
4) Signage advertising alcohol sales shall be minimized.
A"�/ a
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 16th day of August, 2010, by the following vote to wit:
AYES: COUNCIL MEMBERS: BROWNRIGG, DEAL, KEIGHRAN
NOES: COUNCIL MEMBERS: BAYLOCK, NAGEL
ABSENT: NONE
Mary tlren'keanicy, City Clerli
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