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Home My WebLink About4/4/2007 - STAFF REPORTS - 2.F. PALM SA ti c U n °ennxereo -0`'F°R CITY COUNCIL STAFF REPORT DATE: April 4, 2007 Consent Calendar SUBJECT: REQUEST BY VERN WRIGHT FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (CASE: 5.1149-PCN) IN ORDER TO SELL ALCOHOL AT PS WINE LOCATED AT 188 SOUTH INDIAN CANYON DRIVE, ZONE CBD, SECTION 14. CASE: 5.1149- PCN FROM: David H. Ready, City Manager BY: Director of Planning Services SUMMARY Staff is requesting that the Council adopt a Resolution of Public Convenience or Necessity to allow wine tasting at Wild for the Vine at 188 South Indian Canyon Drive. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER TO SELL ALCOHOL AT PS WINE LOCATED AT 188 SOUTH INDIAN CANYON DRIVE, ZONE CBD, SECTION 14." BACKGROUND: The applicant has applied for two licenses through the Department of Alcoholic Beverage Control for an existing building at 188 South Indian Canyon Drive. The licenses are "Type 42" license authorizing the sale of beer and wine for on-site consumption and "Type 20" license authorizing the sale of beer and wine for off-site consumption. The State Department of Alcoholic Beverage Control will not issue the licenses unless the City Council adopts a resolution pursuant to state law, indicating that the premises will provide for the public convenience or necessity. DISCUSSION: The applicant is applying for a new liquor license at the location (for beer and wine only). The Department of Alcoholic Beverage Control is requiring a resolution from the City Council to approve an "undue concentration" of such licenses. ITEM NO. City Council Staff Report April 4, 2007 5.1149-PCN Page 2 of 3 In accordance with Section 23958-4 of the Business and Professions Code which took effect on January 1, 1995, "undue concentration" means a property that is located in a census tract (or division) where the ratio of on-sale retail licenses to the population in that tract (or division) exceeds the ratio of licenses to the population in the subject county. When an undue concentration is determined to exist, the State Department of Alcoholic Beverage Control will not issue a license for the sale of alcohol without a letter or resolution from the City Council which indicates the premises will provide for the public convenience or necessity. Currently the State Department of Alcoholic Beverage Control considers the City of Palm Springs as having an "undue concentration" of liquor licenses —that is, more liquor licenses per capita in Palm Springs than throughout Riverside County. For the subject property, Census Tract #0101 has forty-six on-sale licenses and four off-sale licenses. The tract has the population to allow one off-sale license. State law was enacted to allow local government the opportunity to regulate the number and location of such uses. By making a finding of "Public Convenience or Necessity", the City Council may determine that the subject premises will provide for the convenient patronage of the public whereby the convenience does not already exist in the immediate area. The subject property is in a commercial area. Abutting uses are as follows: GP Zone Description North CBD C-2 Hotel Zoso South CBD CBD Downtown Commercial East RC CBD Downtown Commercial West CBD C-2 Downtown Commercial The floor area of the proposed business is approximately 1,720 square feet. The area where wine will be sold and consumed is approximately 1,300 square feet. A dining area and the wine bar will provide seating for 26 patrons. A Conditional Use Permit application to allow the wine shop is pending review by the Planning Commission at its April 11, 2007 hearing. A Resolution of Public Convenience or Necessity from the City Council is still necessary for the ABC to issue a license to address the area's undue concentration. CONCLUSION: Staff is recommending approval of Case 5.1149-PCN and adoption of a Resolution of Public Convenience or Necessity for the PS Wine store to allow issuance of a Type 20 (Off-Sale Beer and Wine) and Type 42 (On-Sale Beer and Wine) Liquor Licenses located at 188 South Indian Canyon Drive. City Council Staff Report April 4, 2007 5.1149-PCN Page 3 of 3 FISCAL IMPACT: Finance Director Review: No fiscal impact. A. ing, P, Thomas W. W' on, Dir r of Pla in Services Assistant City Manager David H. Ready, City M er Attachments: 1, 500' Vicinity Map 2. Letter of Request 3. Draft Resolution 4. Floor Plan d" Department of Planning Services Vicinity Map vvE I � TAHO UITZ❑R LCMYON WV I I I _IL 10 ARENAS RO V W ARENAS Rp a v ARENAS ft0 mII � I I II Legend — — - — I l 500'Radius - ---- - - Surrounding Parcels I lii li , CITY OF PALM SPRINGS CASE NO: 5,1149 PON DESCRIPTION: To consider an application by Vern Wright to allow sale of wine and cheese for on-site APPLICANT: Vern Wright and off-site consumption located at 188 South Indian PS Wine Canyon Drive, Zoned C-2. The Wine Steward, Inc- DBA: PS Wine 333 S- Indian Canyon Ste E Palm Springs, CA 92262 March 12, 2007 Greg Ewing City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: IS S. Indian Canyon, Palm Springs, CA Dear Mr- Ewing, Our company, PS Wine, is currently located at 333 S. Indian Canyon, Ste E- We have been operating as a retail wine shop and tasting bar for almost three years at this location. We currently have a type 20 off-sale and a type 42 on-sale liquor license. We have applied for a transfer of our licenses to 188 S. Indian Canyon. We are currently posted at this location per the ABC's requirement. We are asking the City to issue a finding of public convenience and necessity for our new store. We would like to expand our business to include serving wine and beer by the glass, as well as maintaining our retail store. We offer wines that are not readily available in the larger chain stores. We feel that there is an opportunity to offer a unique store that can be enjoyed by our local regular customers as well as the many tourists Palm Springs attracts. Our current customers are very excited about our new venture and are looking forward to celebrating our Grand Opening with us. As we will be serving alcohol on the premises, and we are not a restaurant, the entire store will be off limits to any person under the age of 21. We are currently remodeling the store to make it handicap accessible. We will be working with the Department of Envirotunemal Health to ensure that our wine bar is up to code- Please notify us of any required hearings in connection with this request. Enclosed is a check in the amount of$ to cover the processing fee. If there are any questions, Please contact either of us, Paulette or Vern, at (760)322-4411 or(760)799-7028. r 1157 25 i i Thank you very much, Paulette and Vern Wright Owners Of PS Wine i RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER TO SELL ALCOHOL AT PS WINE LOCATED AT 188 SOUTH INDIAN CANYON DRIVE, ZONE CBD, SECTION 14. WHEREAS, Vern Wright ("applicant") has requested the adoption of a Resolution of Public Convenience or Necessity in order to sell alcohol at PS Wine located at 188 South Indian Canyon Drive, zone CBD, Section 15; and WHEREAS, Vern Wright ("applicant") agrees to sell alcohol for wine-tasting as part of a wine store use and that for on-site alcohol sales, there will be approximately 1,300 square feet of floor area designated; and WHEREAS, the City Council is being asked to adopt a Resolution of Public Convenience or Necessity pursuant to the requirements of the Alcoholic Beverage Control Board and applicant; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Resolution of Public Convenience or Necessity, including but not limited to the staff report; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell alcohol: license number 42 (On-Sale Beer and Wine) and license number 20 (Off-Sale Beer and Wine) THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that a Type 42 liquor license (On-Sale Beer and Wine) and Type 20 liquor license (Off-Sale Beer and Wine) at 188 South Indian Canyon Drive serves the Public Convenience or Necessity, because the site located within the City's Downtown / Central Business District, which is identified in the General Plan as a "...multi-purpose destination" to serve local residents, regional shoppers and an international tourist market. ADOPTED THIS day of 2007. David H. Ready, City Manager Resolution No. Page 2 ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 1, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California tea. l�%7i1'Ti.7 G�I�1%�ce Slotzl�L�= .�J�LC°� :7�JZ,iw7S� Lr� 1 (6 r 4d, U CP 13 I f 5r;d�'Ts;-� �2ct1 I I L, i I