HomeMy WebLinkAboutReso - CC - 083-2010RESOLUTION NO. 83-2010
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 -42 ALCOHOLIC BEVERAGE SALES
LICENSE TO AVTAR S. JOHAL (DBA PRESTIVE
LIQUORS/WINE STOP), 1300 BURLINGAME AVENUE
WHEREAS, Avtar S. Johal has applied to the California Alcoholic Beverage Control Board
("ABC") for a "Type -42" license to permit wine-tastings Prestige Liquors/Wine Stop, located at
1300 Burlingame Avenue; 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, Avtar S. Johal has applied to the City for a determination of public
convenience and necessity to obtain a Type -42 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 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 public convenience and necessity, based upon the analysis
contained within its report attached to the City Council staff report, dated October 25, 2010;
follows:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Burlingame as
All of the facts recited above and in the staff report and in all of the attachments
thereto, are true and correct.
b. The City Council determines that the public convenience and necessity would be
served by the issuance of a Type -42 alcohol sales license to Avtar S. Johal for an
existing liquor store, located at 1300 Burlingame Avenue.
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 Type -42 alcohol sales license:
Resolution No. 83-2010
The licensee(s) 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.
2. 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 Sunday, as indicated on form ABC -257, dated February 18, 2010.
3. No noise shall be audible beyond the area under the control of the license(s) as defined
on form ABC -257, dated February 18, 2010.
4. The licensee(s) shall be responsible for maintaining free of litter, the area adjacent to the
premises over which they have control, including sidewalk and gutter.
5. 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(s).
6. Graffiti shall be removed from the premises and all parking lots under the control of the
licensee(s) within 72 -hours of application. If the graffiti occurs on a Friday or weekend
day, or on a holiday, the licensee(s) shall remove the graffiti within 72 -hours following the
beginning of the next weekday.
7. The interior lighting maintained therein shall be sufficient to make easily discernable the
appearance and conduct of all persons and patrons in that portion of the premises where
alcoholic beverages are sold, served, delivered, or consumed.
8. The exterior of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernable 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 neighboring businesses or residences.
9. The licensee(s) shall not make structural changes in the premise's interior without prior
written approval from the City of Burlingame.
10. At no time shall the occupancy of the premises exceed the established lawful limit set by
the Central County Fire Department.
11. There shall be surveillance cameras located at all entrance and exit points so that
patrons are visually recorded as they enter and exit the establishment. A digital
recording shall be maintained by the establishment for no less than 30 -days. The
recording must be available to local law enforcement upon request.
Ia,A /11/L�
Cathy Baylock, Mayor
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Resolution No. 83-2010
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 15t day of November, 2010, by the following vote to wit:
AYES: Councilmembers: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary Ellen Kearney, City Cler
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