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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 2