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HomeMy WebLinkAbout6/7/2017 - STAFF REPORTS - 1.J. 40�?A LM$.D9 iy e u N Cq<�FORN,P CITY COUNCIL STAFF REPORT DATE: June 7, 2017 CONSENT AGENDA SUBJECT: REQUEST BY ELEVATED EXPERIENCES LLC FOR A RESOLUTION OF PUBLIC CONVIENENCE OR NECESSITY (PCN) TO SELL BEER (TYPE 40 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT THE EXISTING CAFE/COFFEE SHOP LOCATED AT AERIAL TRAM VALLEY STATION, 1 TRAM WAY (CASE 5.1412 PCN). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a request to adopt a Resolution of Public Convenience or Necessity (PCN) for the sale of beer for consumption on or off premises (Alcoholic Beverage Control Type 40 license) at a cafe/coffee shop located within the Valley Station of the Palm Springs Aerial Tramway. The Valley Station is located within a Census Tract that is identified by the ABC as an area with over concentration of liquor licenses. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THE PUBLIC CONVENIENCE WILL BE SERVED BY THE SALE OF BEER FOR CONSUMPTION ON OR OFF PREMISES (TYPE 40 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) AT A CAFE/COFFEE SHOP LOCATED WITHIN THE AERIAL TRAMWAY VALLEY STATION, 1 TRAM WAY AND WITHIN CENSUS TRACT #9405." BACKGROUND: Related Relevant City Actions by Planning, Fire,Building, etc... June 15, 1962 Building permit issued for construction of the Valley Station of the Palm Springs Aerial Tramway. Oct. 2, 1996 City Council designated the Valley Station of the Palm Springs Aerial Tramway, as a Class 1 Historic Site. ITEM NO. 1- �. City Council Staff Report June 7, 2017— Page 2 Case No. 5.1412 PCN —Elevated Experiences, LLC The current food and beverage operator for the Aerial Tramway — Elevated Experiences, LLC. — is replacing their liquor license for the cafe that is currently in operation within the Valley Station. Presently, they are operating under a full liquor license, allowing the sale of beer, wine and distilled spirits as a part of a bona fide eating establishment. This liquor license (Type 47) is inconsistent with the current operation as a cafe offering packaged foods and beer. Thus, they are seeking the requested the Type 40 liquor license to allow the sale of beer only. With this change in liquor licenses, it was determined a Resolution of Public Convenience or Necessity (PCN) would be required from the City. The proposed request would not affect the existing liquor license and food service at the Mountain Station. ANALYSIS: The applicant has applied for a "Type 40" liquor license through the State of California Department of Alcoholic Beverage Control (ABC) for the proposed beer sales. The ABC summarizes the "Type 40" license as follows: ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required, however, sandwiches or snacks must be available. Minors are allowed on the premises. The proposed liquor license is located within a Census tract that exceeds the amount of on-sale licenses normally permitted; this is known as an "undue concentration" and is specifically defined by Section 23958.4 of the Business and Professions Code: As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of on-sale retail licenses to population in the county in which the applicant premises are located. The subject property is located within Census Tract #9405, which encompasses much of the mountainous areas and some developed areas on the westerly edge of the city (see attached census map). This tract currently has nine (9) active on-sale liquor licenses (see attached list). Two licenses are authorized for the tract based on its population. The ABC can only issue the proposed liquor license if the Council determines that the public convenience or necessity would be served. As a commercial recreation attraction, food and beverage services are often viewed as a necessity for the convenience of tourists and visitors. The Valley Station cafe would continue to offer beer and packaged foods under the proposed request. In addition, there isn't any other nearby business/use that would be impacted by the issuance of this Resolution of Convenience or Necessity, because the site is an isolated attraction. 02 City Council Staff Report June 7, 2017—Page 3 Case No. 5.1412 PCN — Elevated Experiences, LLC Therefore, staff believes the proposed request serves the public convenience and has prepared a draft resolution for Council consideration. FISCAL IMPACT: No fiscal impact. linn Fagg, AICP Marcus Fuller, .E., M.P.A., P.L.S. Director of Planning Services Assistant City Manager/City Engineer David H. Ready, Esq., Ph. City Manager Attachments: 1 . Vicinity Map 2. Draft Resolution 3. Letter of Request from Applicant 4. Site Plan / Floor Plan 5. List of Authorized License Types in the Subject Census Tract 6. Census Tract Map 03 w Department of Planning Services w o E V Vicinity Map S s t/z a.JRAMVIEW RD ROSAPARKSRD -------- --L- - pSAN RAFAEL DR 11 — - PtCO 90 P VIA OLIVERA C g v L) q U1 w _ m z 'w 1 EL ALAMEDA ALEJO RD ji i Legend _ i SARIS TO RD Site ! - "PAMON RD �500-ft Site Radius _ City Boundary I r CITY OF PALM SPRINGS CASE NO: 5.1412 PCN ADDRESS: 1 Tram Way U � RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THE PUBLIC CONVENIENCE WILL BE SERVED BY THE SALE OF BEER FOR CONSUMPTION ON OR OFF PREMISES (TYPE 40 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) AT A CAFE/COFFEE SHOP LOCATED WITHIN THE AERIAL TRAMWAY VALLEY STATION, 1 TRAM WAY AND WITHIN CENSUS TRACT#9405. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Elevated Experiences, LLC has applied for a California Department of Alcoholic Beverage Control (ABC) Type 40 liquor license to sell beer at an existing cafe/coffee shop located within the Valley Station of the Palm Springs Aerial Tramway, 1 Tram Way Road, Census Tract No. 9405. B. The ABC has determined that there are nine existing alcohol licenses within Census Tact No. 9405, while two (2) alcohol licenses would be allowed based on on- sale retail licenses to population in the County in which the applicant's premise is located. C. The ABC has determined that there is an "undue concentration" of alcohol- related licenses in the Census Tract No. 9405. D. Pursuant to Section 23958.4(b)(2) of the State of California Business and Professions Code, the City Council may determine the public convenience or necessity would be served by the issuance of the requested license. E. The business will be located in Census Tract No. 9405, which encompasses much of the mountainous areas and some developed areas on the westerly edge of the city. As a commercial recreation attraction, food and beverage services are often viewed as a necessity for the convenience of tourists and visitors. Furthermore, as an isolated site that is an attraction destination, there isn't any other nearby business/use that would be impacted by the issuance of this Resolution of Convenience or Necessity. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: That the public convenience would be served by the issuance of Type 40 (On Sale Beer) alcoholic beverage license for the sale of beer at Valley Station of the Palm Springs Aerial Tram, 1 Tram Way, Census Tract No. 9405. 05 Resolution No. Page 2 ADOPTED THIS 7th DAY OF JUNE, 2017. David H. Ready, City Manager ATTEST: Kathleen Hart, Interim City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Kathleen Hart, Interim 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: Kathleen Hart, Interim City Clerk City of Palm Springs, California U6 Elevated @ The Palm Springs Aerial Tramway City of Palm Springs, Regarding Resolution of Convenience & Necessity As the food and beverage operator for the Palm Springs Tramway, when transferring the liquor license for the Valley Station we found that we need to change the type of license to a type 40 beer license from a type 47 full liquor license. When switching these we found that the census tract exceeds the number of licenses allowed. All we need to do is switch the type of license for the location. We will not be adding an additional license so the number of licenses for the census tract will remain the same. ank T,X— 3 You //. /t— -� / t / i 7 John Fritch Owner/General Manager 760-537-4671 jfritch@elevatedpsat.com PLANNING SERVICE DEPAR7AAr7N- I'1R6DIWAY ROAD,PALM SPRINGS,CA 92262 S I � I� 0 7 7 (a77) 242-3451 1;(760)459-1052 Department of Alcoholic Beverage Control C/� Stale of California LICENSED PREMISES DIAGRAM (RETAIL) RCCEIVE© Edmund G Brown Jr.,Governor I APPLICANT NAME 01 Wdmdual Last Wsl,coddle) 2.LCENSEIYPE � vA� AA�t7a It,,�4 (Lc Nov o a 2a� Z v _ !!a PREMISESADDRE55 ISveel comber arW na, iry.zr/pc .) ' t� L— Nf-ARES{(*GSSSTREET (jr — Et.'4s4. YTv11r(AV �UG.dI Lw Zlr The diagram below rs a true and correct description of the entrances,exits,interior walls and exterior boundaries of the premises to be licensed,including diniensions and identification of each room (i.e., "storeroom", "office", etc.). J► f . . . DIAGRAM VAL.L G�/. -STA.`f.IM 1696Y , idpKi . e AWhA NAY CAlm DuTSIDE Sri:-UILV"VILL.TAfE AV& ALL DLerA !/ WOMEN HENS C / yy FIND AtFAS 0114101. r11LEY d CDrlYGNG � // Wt1GNT� / �JAttrtaG / 6 --> a+ a Nneheu �/ GrFrs6.P ALLV. / %/. / ? PATIO It is hereby declared that the above-described boundaries,entrances and planned operation as indicated on the reverse side, will not be changed without first notifying and securing prior written approval of the Department of Alcoholic Beverage Control. I declare under penalty of perjury that the foregoing is true and correct. aPPLICMIT SIGf EtOnry one agnay� wed; (DATES�ED �--- = - _ �I Ilk _ FOR ABC USE ONLY CERi I'IEO ARE%1 (°S,aWrc) IATcp NAME II!15PEETKIN DATF —._- ABC-257(10105) 08 California ABC-License Query System-Data Portal http://www.abc.ca.gov/datport/AHCountyRep.asp California Department of Alcoholic Beverage Control For the County of RIVERSIDE - (On-Sale Licenses) and Census Tract = 9405 Report as of 5/24/2017 License Status License' Orig.Iss. Expir Primary Owner and Pre mises Business Name Mailing Geo Num6e Type Date Date Addr. Address Code 1 11 --)'325737 CTNE47 12l6/1997 l3112018 PALM CANYON SPLASHS INC PALM CANYON SPLASHS 3310 !; 800 S PALM CANYON DR PALM SPRINGS,CA 92264 Census Tract:9405.00 )329362 CTNE 47 4/22l1997 313112018 TER71C,MIRELA MIROS RESTAURANT 'I, 3310 1555 S PALM CANYON DR,STE H101 PALM SPRINGS,CA 92264 ' ensus Traci:9405.00 ' 3)390869 ACTIVE 41 9/13f2002 513V2017 ISHIKAWA,KIYOSHI KIYOSAKU 3310 1555 3 PALM CANYON DR,STE H104 PALM SPRINGS,CA 92264 Census Tract:9405.00 )392528 ACTIVE 47 i1012812004 9l30l2017 GUA CALIENTE DEVELOPMENT 'INDIAN CANYOP6 GOLF I5401 DINAH SHORE DR 3310 ���AUTHORITY RESORT PALM SPRINGS,CA 1097 E MURRAY CANYON DR �92264.5970 PALM SPRINGS,CA 92264 Census Tract 9405.00 _ 5)445623 ACTIVE 47 5/31/2007 4l30l2018 LARNIERE ELEANOft_JOAN 'PALM CANNON I 3310 535 S PALM CANYON DR ROADHOUSE li PALM SPRINGS,CA 92264-7437 Census Tract:9405.00 )465596 ACTIVE 47 18/15/2008 7/31/2017 ARAMARK SPORTS& SJAERIALTRAM G10SMFTHFIELDST,STE3310 ENTERTAINMENT SERVICES LLC 1300 AN JACINTO AERIAL TRAMWAY, PrrTSBURGH,PA ALLEYSTATION 1 5 22 2-251 2 PALM SPRINGS,CA 92262 Census Tract:9405.00 )480009 ACTIVE 47 9/10/2009 8l31l2017 AdUA CAuiENTE DEVELOPMENT INDIANCAwbw GOLF 3310 AUTHORITY RESORT NORTH 1100 E MURRAYCANYON DR PALM SPRINGS,CA 92264-9484 I Census Tract:9405.00 8).541589 UREND 47 6/18/2D14 5131/2017 MIGGYS CANTINA LLC HACIENDA CANTINA& '.1555 S PALM CANYON 3310 ,4:38:10 PM 1555 S PALM CANYON DR,STE BEACH CLUB ;'DR STE B101 '.PALM SPRINGS,CA PALM SPRINGS,CA 92264-8341 ;92264 Census Tract:9405.00 9)i571078 I CTNE 47 1212112016 1113012017 ELEVATED EXPERIENCES LLC 'ELEVATED EXPERIENCES '1 TRAMWAY RD 3300 8 21:14 AM SAN JAC INTO AERIAL TRAMWAY (PALM SPRINGS,CA MOUNTAIN STATION '92262-1827 PALM SPRINGS,CA 92262 Census Tract:9405.00 ---End of Report--- L9 1 of California ABC- License Query System-Data Portal http://www.abc.ca.gov/datport/AHCountyRep.asp For a definition of codes,view our glossary. a 2 of2 Map of Census Tracts ����•>_ 44�1.-:4 0446.05 9413.0n 0446.64 044' 0446.02 9412.• ^ 044 Project Locatinn 0449,2 4414.00 0447.01 1.447.0 0449 c44- •i i 5407.E •448 n41 1 9 i 044, d5 54r8.00 •411.. .i0 44.1. i45: 9405.00 1i spas o..�Ma State of California L 1 6 - 4 2 0 9 8 7 s` Secretary of State n FILED STATEMENT OF INFORMATION 71 Secretary of State (Limited Liability Company) State of California Filing Fee$20.00. If this is an amendment,see instructions. IMPORTANT—READ INSTRUCTIONS BEFORE COMPLETING THIS FORM MAY 19 2016 1. LIMITED LIABILITY COMPANY NAME ELEVATED EXPERIENCES,LLC 21f NT-� �?01�(s2s-Ib This Space For Filing Use Only File Number and State or Place of Organization 2. SECRETARY OF STATE FILE NUMBER 3. STATE OR PWCE OF ORGANIZATiCW(If formed cutsldz cf Calironia) 201604810071 CA No Change Statement 4. If there have been any changes to the information contained in the last Statement of Information filed with the California Secretary of State,or no Statement of Information has been previously filed,this form must be completed in its entirety. If there has been no change in any of the information contained in the last Statement of Information fled with the California Secretary of State,check the box and proceed to Item 15. Complete Addresses for the Following (Do not abbreviate the name of the city. Items 5 and 7 cannot be P.O.Boxes.) 5. STREETADDRESS OF PRINCIPAL OFFICE CITY STATE ZIP CODE 850 E.Vista Chino#37 Palm Springs CA 92262 6. MAILING ADDRESS OF LLC,IF DIFFERENT THAN ITEM 5 CITY STATE ZIP CODE 7. STREET ADDRESS OF CALIFORNIA OFFICE CITY STATE ZIP CODE 850 E.Vista Chino#37 Palm Springs CA 92262 Name and Complete Address of the Chief Executive Officer, If Any 8. NAME ADDRESS CITY STATE ZIP CODE Name and Complete Address of Any Manager or Managers, or if None Have Been Appointed or Elected, Provide the Name and Address of Each Member (Attach additional pages,if necessary.) 9. NAME ADnGFSS CITY STATE ZIP CODE John Fritch 850 E. Vista Chino 437 Palm Springs CA 92262 10. NAME ADDRESS CITY STATE ZIPCOCE Ronals William Wilcox 850 E.Vista Chino#37 Palm Springs CA 92262 11. NAME ADDRESS CITY STATE ZIP CODE Agent for Service of Process If the agent is an individual,the agent must reside in California and Item 13 must be completed with a California address, a P.O. Box is not acceptable. If the agent is a corporation, the agent must have on file with the California Secretary of State a certificate pursuant to California Corporations Code section 1505 and Item 13 must be left blank. 12. NAME OF AGENT FOR SERVICE OF PROCESS Legalzoom.com,Inc. 13. STREET ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA,IF AN INDIVIDUAL CITY STATE ZIP CODE CA Type of Business 14. DESCRIBE THE TYPE OF BUSINESS OF THE LIMITED LIABILITY COMPANY Accommodation and Food Service 16. THE IN FORMATION CONTAINED HEREIN,I NCLUOMG ANY ATTACHMENTS,15 TRUE AND CORRECT. 05/16/2016 Cheyenne Moseley Authorized Representative DATE TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM TITLE SIGNATURE LLC-12(REV 01/2014) APPROVED BY SECRETARY OF STATE ' 12