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HomeMy WebLinkAbout23901 RESOLUTION NO. 23901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE (TYPE 42 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) FOR THE PROPERTY LOCATED AT 150 EAST PALM CANYON DRIVE, WITHIN CENSUS TRACT 0448.05 (CASE 5.1381 PCN). WHEREAS, Dead or Alive LLC ("Applicant') has requested the adoption of a Resolution of Public Convenience or Necessity (Planning Case No. 5.1381 PCN) for a Type 42 alcohol license to sell beer and wine at a proposed beer and wine lounge located at 150 East Palm Canyon Drive, Zone C-1 , Section 23/T4/R4; and WHEREAS, on September 9, 2015, the Planning Commission approved a Conditional Use Permit for Case 5.1381 CUP with associated Conditions of Approval to operate a beer and wine lounge at 150 East Palm Canyon Drive; and WHEREAS, the applicant has applied with the State of California Alcoholic Beverage Control for a license to sell beer and wine: license type 42 (On-sale Beer and Wine — Public Premises); and WHEREAS, pursuant to Section 23958.4(b)(2) of the California Business and Professions Code, the applicant has requested that the City Council determine the public convenience or necessity would be served if the requested license is issued; and WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in connection with the request for a Resolution of Public Convenience or Necessity, including but not limited to the staff report and all written and oral testimony. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The location of the proposed business, within Census Tract #0448.05, is within the Central Retail Business zone and will provide a service to tourists and residents of the City. The proposed use will not be inconsistent with the desired mix of commercial uses in this Census tract SECTION 2. The City Council finds that an ABC Type 42 liquor license (On-sale Beer and Wine — Public Premises) at 150 East Palm Canyon Drive, serves the Public Convenience. Resolution No. 23901 Page 2 ADOPTED THIS 161h DAY OF SEPTEMBER, 2015. David H. Ready, C' er ATTEST: ames Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23901 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 the 16th day of September, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Hutcheson. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California w�Z �y