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HomeMy WebLinkAboutReso - CC - 143-20221 RESOLUTION NO. 143-2022 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 41 ALCOHOLIC BEVERAGE SALES LICENSE FOR TOTTENHAM WINES & SPIRITS INTERNATIONAL LLC, LOCATED AT 339 PRIMROSE ROAD WHEREAS, Tottenham Wines & Spirits International LLC has applied to the California Alcoholic Beverage Control Board (ABC) for issuance of a Type 41 (On-Sale Beer & Wine Eating Place) alcoholic beverage license for a new restaurant located at 339 Primrose Road; 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 6055) 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, Tottenham Wines & Spirits International LLC 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 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 November 29, 2022 memorandum attached to the City Council staff report, dated December 5, 2022. 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: D912CBC0-C128-4FA4-B82D-6FF31F8C38EC Resolution No. 143-2022 2 b. The City Council determines that the public convenience and necessity would be served by issuance of a Type 41 (On-Sale Beer & Wine Eating Place) alcoholic beverage license for Tottenham Wines & Spirits International LLC, located at 339 Primrose Road. 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. No noise shall be audible beyond the area under the control of the licensee(s). 2. 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. 3. 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. 4. 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. 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). ____________________________________ Ricardo Ortiz, Mayor I, Meaghan Hassel-Shearer, City 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 5th day of December, 2022 by the following vote: AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O’BRIEN KEIGHRAN, ORTIZ NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ___________________________________ Meaghan Hassel-Shearer, City Clerk DocuSign Envelope ID: D912CBC0-C128-4FA4-B82D-6FF31F8C38EC