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