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Home My WebLink About2006-06-07 STAFF REPORTS 2G �O pP1.h1 Sp4 iy V N ♦ r ti k �4104,EiE0}A % 41FORN%4' CITY COUNCIL STAFF REPORT DATE: June 7, 2006 Consent Calendar SUBJECT: REQUEST BY MEHUL SHAH FOR THE ADOPTION OF A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY IN ORDER TO SELL WINE AT FAME TOBACCONIST LOCATED AT 155 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15. CASE: 5.1102 - 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 the sale of wine at Fame Tobacconist located at 155 South Palm 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 WINE AT FAME TOBACCONIST LOCATED AT 155 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION 15." BACKGROUND: The applicant has applied for a liquor license through the Department of Alcoholic Beverage Control for an existing building at 155 South Palm Canyon Drive within the Mercado Plaza. The license is a "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 license unless the City Council adopts a resolution pursuant to state law, indicating that the premises will provide for the public convenience or necessity. Item No. 2 . ^ . City Council Staff Report June 7, 2006 5.1102-PCN Page 2 of 3 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. 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 #0446.01 has eighty-six on-sale licenses with eight more pending and thirteen off-sale with four more pending. The tract has the population to allow six on-sale and four off-sale licenses. 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 detailed on Table 1 as follows: Table 1: Surrounding Land Uses and Zoning GP I Zone Description.... North CBD CBD Desert Hatter (Mercado Plaza retail) South CBD CBD Peppertree Books (Mercado Plaza retail) East CBD CBD Retail Commercial West CBD CBD Mercado Plaza Parking The approximate floor area of the proposed business is approximately 1,580 square feet and the area to be devoted to the off-site sale of wine would be approximately ten square feet of actual display area or approximately .006 percent of the total floor area. The display rack will be located in the existing humidor area of the store. City Council Staff Report June 7, 2006 5.1102-PCN Page 3 of 3 ANALYSIS: Wine shops are permitted by right-of-zone within the Central Business District and they do not require any additional land use authorization. The proposed display area is limited to a two foot by five foot rack inside an existing primary use and is only intended as an accessory use. The proposed accessory use represents less than one percent of the total floor area of the retail space. Therefore, the type and intensity of the retail sale of wine is not likely to negatively impact the public safety or welfare. CONCLUSION: Staff is recommending approval of Case 5.1102-PCN and adoption of a Resolution of Public Convenience for the Fame Tobacconist store to allow issuance of a Type 20 Liquor License and the off-site sale of wine located at 155 South Palm Canyon Drive. FISCAL IMPACT: No fiscal impact. aid Ai�ving, P, Thomas W. Wi on, Director of PI nin Services Assistant City Manager 100 or David H. Ready, City 1Gl nager, ,Attachments: 1. Letter of Request 2. Draft Resolution RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL WINE AT FAME TOBACCONIST LOCATED AT 155 SOUTH PALM CANYON DRIVE, ZONE CBD, SECTION '15. WHEREAS, Mehul Shah ("applicant') has requested the adoption of a Resolution of Public Convenience or Necessity in order to sell alcohol at Fame Tobacconist located at 155 South Palm Canyon Drive, Zone CBD, Section 15; and WHEREAS, Mehul Shah ("applicant") agrees to sell wine as part of a tobacconist use and that retail alcohol sales will be approximately .006 percent of the floor area of the use; and WHEREAS, the City Council is being asked to adopt a Resolution of Public Convenience 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, 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 20 (Off-site 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 20 liquor license (Sale Off-site — Beer and Wine) at 155 South Palm Canyon Drive serves the Public Convenience. ADOPTED THIS day of , 2006. 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 ) I, 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 Fame Tobacconist Mr Mehul Shah 155 S. Palm Canyon Dr. Palm Springs, Ca 92262 Gentlemen; I ant the owner of Fame Tobacconist located in downtown Palm Springs. I would like to sell closed bottles of wine in our retail store for customers to purchase with their cigars. The area that this display would occupy in the store is ten square feet as specified by the Riverside Cotmty Health Department. The type of license I have applied for with the Alcohol Beverage Commission is a type-twenty. I realize that this is for sale of sealed bottles to be consumed off-site only. I believe this would work well in this area as there are no other wine shops on Palm Canyon Drive. Our neighboring businesses include a bookstore, A hat shop, Gift stores, an art gallery and an assortment of restaurants.(please see enclosure) As you requested also,the census tract number for this area is 0446.01. I would appreciate your consideration in this matter at your earliest convenience Y tru , ehul Sl h ilt7� Yc: 1 -, MAR - 1 2006 TIQ I Ire: p+a, iirwill r ','�z• sp,i��e VI'TENTION: A; 'UY S01,1NIERS SP„r'ELLO COMMERCIAL SAX 4- (760)322-600i f OF PAGES: I Page(Inddg cover page) . DATE: JA_NVARY 20, 2005 (12.30 P.M.) ; FROM: GENE WILLIAMS I WVSSMAN DEVELOPMENT [2FFERENCE. MERCADO PLAZA NA-3(TOBACCO SHOP) 1580 SQ. FT. .W 118 INCH SCALE PLAN I I II . _ . I i f-7 A '.. BU I LDING I I �I �n11N6''�„TG�kA6k �PC•i!{ A-3 I90.9 ;4� fA44 :;SEk4tFc aaus . SC 1 , iA �1 a I MAR - 'i 2006 TAIL I II I ei, I, e C�C�aPEKT i ADDRESS 5 S : Q?aLfvl 'CpNYott--A-3 PALM SPRR C,S , CA CtZZ. >j b?-O) A2.O-277$Z