HomeMy WebLinkAboutReso - CC - 102-2009RESOLUTION NO. 102-2009
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 AN ALCOHOLIC
BEVERAGE SALES LICENSE FOR 1462 BURLINGAME
AVENUE (BEVERAGES AND MORE)
WHEREAS, Beverages and More has applied to the California Alcoholic Beverage
Control Board ("ABC's for an on -sale license (#42) and a general off -sale license (#21) and intends
to open an alcoholic beverage sales store, a permitted use in the downtown, at 1462 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, Beverages and More 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 downtown 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 Beverages and More for a determination of public
convenience and necessity in its report attached to the staff report;
NOW, THEREFORE, BE TT 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.
Resolution No. 102-2009
2) The City Council determines that the public convenience and necessity would be served
by the issuance of the alcoholic beverages sales licenses to Beverages and More for their
location at 1462 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 alcohol sales licenses for BevMo at 1462 Burlingame Avenue:
1) Ensure that any actual alcoholic beverage window displays be kept to a minimum to
discourage "window smash" type burglaries and thefts when the business is closed.
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.
4) Ensure that shopping carts from the business are retrieved on a regular basis from all
locations within the community.
Ann Kei , 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 I e day of November, 2009, by the following vote to wit:
AYES: Councilmembers BAYLOCK, DEAL, KEIGH RAN, NACEL, O'MAHONY
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
(L !��, 5�" " —
Mary EH4n Kearney, City Clerk