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HomeMy WebLinkAbout7/18/2001 - STAFF REPORTS (22) DATE: JULY 18, 2001 TO: CITY COUNCIL FROM: DIRECTOR OF PLANNING AND BUILDING REQUEST BY SOBHY G. YOUSEF FOR THE ADOPTION OF A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL BEER AND WINE AT AN EXISTING SERVICE STATION WITH RETAIL SALES AREA LOCATED AT 2796 NORTH PALM CANYON DRIVE, RGA/ C1 ZONES, SECTION 3. RECOMMENDATION Thatthe City Council considerthe adoption of Resolution of Convenience and Necessity in order to sell beer and wine at an existing service station with retail sales area located at 2796 North Palm Canyon Drive. SUMMARY The applicant currently owns and operates an existing service station with retail sales area at 2796 North Palm Canyon Drive. The applicant desires to sell beer and wine at this location. The State Department of Alcoholic Beverage Control will not issue a license for such a sale unless the City Council provides a letter indicating that the premises will provide for the public convenience and necessity. BACKGROUND A conditional use permit was issued on the subject property for a Service Station and Retail Sales Area on June 12, 1996. Condition 15 of the Conditional Use Permit states that"should alcohol sales be proposed, a revision to this conditional use shall be required, which must be approved by the Planning Commission." In accordance with Section 9402.G of the Palm Springs Zoning Ordinance, minor revisions to a Condition Use Permit are described as revisions which in no way violate the intent or any of the standards or conditions of the permit or of the zone. The request for alcohol sales will be presented to the Planning Commission during its meeting of July 11, 2001 as a Minor Revision. The results of that meeting will be reported to the City Council. In accordance with Section 23958.4 of the Business and Professions Code which took effect on January 1, 1995,the State Department of Alcoholic Beverage Control will not issue a license forthe sale of beer and wine at this location without a letter from the City Council indicating the premises will provide for the public convenience and necessity. A finding of "Public Convenience and Necessity"means thatthe applicant premises will provide forthe convenient patronage of the public whereby the convenience does not already existing in the immediate area. Necessity implies that the premis s is needed by the community. Director of 06nning and Building City Manager ATTACHMENTS: 1. Resolution RESOLUTION 20136 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL BEER AND WINE AT AN EXISTING RETAIL STORE / GAS STATION LOCATED AT 2796 NORTH PALM CANYON DRIVE, RGA/C1 ZONE, SECTION 3. WHEREAS, Sobhy G. Yousef ("applicant') has requested the adoption of a Resolution of Convenience and Necessity in orderto sell beer and wine at an existing gas station and retail store at 2796 North Palm Canyon Drive, RGA/C1, Section 3; and WHEREAS, the City Council is being asked to adopt a Resolution of Convenience and Necessity pursuant to the requirements of the Alcoholic Beverage Control Board; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited tothe staff report and conditions of approval; and NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Resolution of Convenience and Necessity and associated Conditions of Approval. ADOPTED this 18th day of July 2001. AYES: Members Hodges, Jones and Oden NOES: Member Reller-Spurgin and Mayor &leindienst ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEW AND APPROVED AS TO FORM: OWE CONDITIONS OF APPROVAL 2796 NORTH PALM CANYON DRIVE July 12, 2001 Note that these conditions are in addition to any other conditions in effect on this site. 1. Salesof Beer,Wine, Liquor or other Alcoholic Beverages mustbeoffered onlyin conjunction with the secondary retail sale of food,groceries and sundries in which not less than 50%by value of the retail sales of all products, other than gasoline and other motor vehicle fuels, comprises sales of products other than beer, wine, liquor and other alcoholic beverages. 2. Video recording surveillance cameras shall be used to record all purchases and attempted purchases of alcoholic beverages. Signs shall be posted,one outside the building at or near the gasoline servicing area and another inside the building near the cash register notifying the public that"all alcoholic beverage transactions are monitored in cooperation with the Palm Springs Police Department." The videotape equipment used shall be such as to record at least24 hours of operation,the tapes shall be maintained forthe prior 72 hours, and the film shall be made available to any representative of the Palm Springs Police Department within 24 hours of a request. The tapes shall be made available for use in evidence againstany personwho purchased orattempted to purchase alcoholic beverages as well as for use in any court or administrative proceeding regardless of the type of criminal activity or the party or parties involved.