HomeMy WebLinkAboutReso - CC - 116-2018RESOLUTION NO. l'16-20'18
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 FOR wlNE REVELRY, LLC, LOCATED AT 310
LORTON AVENUE
WHEREAS, Wine Revelry, LLC has applied to the California Alcoholic Beverage Control
Board (ABC) for issuance of a Type 42 (On-Sale Beer and Wine - Public Premises) alcoholic
beverage license for its business located at 310 Lorton Avenue; and
WHEREAS, the number of businesses with alcoholic beverage sales licenses in the area
where the business is located exceeds the number of such licensed businesses permitted by the
ABC for that census tract area (Census Tract 605'l) and represents an "overconcentration",
pursuant to ABC policy; and
WHEREAS, pursuanl 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 licenses 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, Wine Revelry, LLC has applied to the City for a flnding of public convenience
and necessity to obtain ABC approval of the license; and
WHEREAS, the Police Department has reviewed this application, investigated the number
of alcohol-related incidents in this census tract, and reviewed the names and locations of
businesses with alcoholic beverage sales licenses in Downtown Burlingame and the surrounding
area, and
WHEREAS, the Police Department, after determining that no facts or circumstances exist
that would prevent the City's determination of public convenience and necessity, recommends that
the City Council adopt a finding of public convenience and necessity, based upon the analysis
contained within its August 20, 2018 memorandum attached to the City Council staff report, dated
September 4, 20 18.
NOW, THEREFORE, BE lT RESOLVED, by the City Council of the City of Burlingame as
follows
All of the facts recited above and in the staff report and in all of the attachments thereto,
are true and correct.
1
a.
Resolution No. 1 16-2018
The City Council determines that the public convenience and necessity would be served
by issuance of a Type 42 (On-Sale Beer and Wine - Public Premises) alcoholic beverage
license for Wine Revelry, LLC, located at 310 Lorton Avenue.
BE lT 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 ABCs issuance of the licenses:
1. No noise shall be audible beyond the area underthe control ofthe licensee(s)
The licensee(s) shall be responsible for maintaining, free of litter, the area in front of and
adjacent to the premises over which they have control.
Graffiti shall be removed from the premises and all parking lots under the control of the
licensee(s) within seventy-two (72) hours of application. lf the graffiti occurs on a Friday or
weekend day, or on a holiday, the licensee(s) shall remove the graffiti within seventy-tlvo
(72) hours following the beginning of the next weekday.
The exterior of the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible 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 residences.
Loitering (loitering is defined as "to stand idly about; linger aimlessly without lawful
business") is prohibited on any sidewalks
lrilicha ngg,I
Councilmembers: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
Councilmembers: NONE
Councilmembers: NONE
2
M n l-Shearer,CIerk
b.
2.
4.
J.
l, Meaghan Hassel-shearer, 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 4rh day of September, 2018' by the following vote
AYES:
NOES:
ABSENT: