HomeMy WebLinkAboutReso - CC - 148-2020DocuSign Envelope ID: E697604C-9B2F-4FCA-82FB-9EOOD1C78A23
RESOLUTION NO. 148-2020
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 A & A GAS INC. AT 1100 BROADWAY
WHEREAS, A & A Gas Inc. has applied to the California Alcoholic Beverage Control
Board (ABC) for issuance of a Type 20 (Off -Sale of Beer and Wine) alcoholic beverage license for
its business located at 1100 Broadway; 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 6051) and represents an "overconcentration",
pursuant to ABC policy; 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 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, A & A Gas Inc. has applied to the City for a finding 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 the Broadway commercial district 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 May 26, 2020 memorandum attached to the City Council staff report, dated
November 16, 2020.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Burlingame as
follows:
a. All of the facts recited above and in the staff report and in all of the attachments thereto,
are true and correct.
DocuSign Envelope ID: E697604C-9B2F-4FCA-82FB-9EOOD1C78A23
Resolution No. 148-2020
b. The City Council determines that the public convenience and necessity would be served
by issuance of a Type 20 (Off -Sale of Beer and Wine) alcoholic beverage license for A &
A Gas Inc., located at 1100 Broadway.
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 ABCs issuance of the licenses:
1. 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.
2. 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. If the graffiti occurs on a Friday
or weekend day, or on a holiday, the licensee(s) shall remove the graffiti within seventy-
two (72) hours following the beginning of the next weekday.
3. 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.
4. Electronic video surveillance shall be maintained at the premises, minimally covering the
entrances and exits. Footage shall be maintained for at least 30 days.
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).
=DOCUSIgned8D_..
Emily Beach, Mayor
I, 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 161" day of November, 2020 by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
E DocuSigned
by:
SD4UU84C3D80E7449...
Meaghan Hassel -Shearer, City Clerk
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