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Home My WebLink About2006-03-01 STAFF REPORTS 2F o�9 PAM S,0 'Z { c G N rt A �R101AiEO iE, F c�`'F°"`'�P CITY COUNCIL STAFF REPORT DATE: March 1, 2006 Consent Calendar SUBJECT: REQUEST BY SCOTT MORGAN FOR THE ADOPTION OF A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL ALCOHOL AT WILD FOR THE VINE LOCATED AT 390 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15. CASE: 5.1096 — 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 to allow the sale of alcohol at Wild for the Vine at 390 North 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 IN ORDER TO SELL ALCOHOL AT WILD FOR THE VINE LOCATED AT 390 NORTH 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 390 North Palm Canyon Drive. 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 i 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. n . 1�C . City Council Staff Report February 22, 2006 5.1096-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 #0446.01 has eight-five on-sale licenses with eight more pending and twelve 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 as follows: GP I Zone Description North CBD CBD Monte Vista Hotel South CBD CBD Downtown Commercial East CBD CBD Downtown Commercial West CBD CBD Terrace Eateries The approximate floor area of the proposed business is approximately 870 square feet and the area to be devoted to the off-site sale of wine would be approximately fifty-two square feet of actual display area or approximately six percent of the total floor area. "The applicant has also proposed to have wine tasting in the rear portion of the public ;space. A Conditional Use Permit has been applied for to allow on-site consumption and a second Resolution of Public Convenience or Necessity will need to be adopted if the Conditional Use Permit is issued. At this time, however, the only action required is to determine whether a Resolution of Public Convenience or Necessity is appropriate for off-site sale of wine. ANALYSIS: i Wine shops are permitted by right-of-zone within the Central Business District. The i display area is limited to a relatively small portion of the business as most of the retail space will be used of accessories such as wine glasses. Therefore, the type and I City Council Staff Report February 22, 2006 5.'1096-PCN Page 3 of 3 intensity of the retail sale of wine is not likely to negatively impact the public safety or welfare. The more intensive use of the on-site wine tasting will be heard in public hearing before the Planning Commission and if the Conditional Use Permit is approved, staff will bring that approval forward when the Resolution of Public Convenience or Necessity is sought for the on-site sale of wine. FISCAL IMPACT: No fiscal impact. ing AI P, Thomas W. Wilpfin, Dir t of PlanrTrng Services Assistant City Manager David H. Ready, City Niger Attachments: rr°° 1. Letter of Request 2. Resolution RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF PUBLIC CONVENIENCE IN ORDER TO SELL ALCOHOL AT WILD FOR THE VINE LOCATED AT 390 NORTH PALM CANYON DRIVE, ZONE CBD, SECTION 15. WHEREAS, Scott Morgan ("applicant") has requested the adoption of a Resolution of Public Convenience or Necessity in order to sell alcohol at the One Stop Market located at 390 North Palm Canyon Drive, Zane CBD, Section 15; and WHEREAS, Scott Morgan ("applicant') agrees to sell alcohol as part of a wine store use and that alcohol sales will be approximately six 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 390 North 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 i tit l! V Scott&Debby Morgan 29044 Campbell Ave Moreno Valley CA 92555 951-242-8875 951-486-0875 fax January 4, 2006 Michael Blumson City of Palm Springs 3200 E T'ahquitz Canyon Way Palm Springs, CA 92262 Re: 390 N Palm Canyon,Palm Springs, CA Dear Michael, Our company, Wild for the Vine is opening a store at 390 N. Palm Canyon Dr. The store will be located in census tract 0446.01, with a population of 6198 people. The ABC has identified as over-concentrated. We are applying for a type 20 offL-saie-liq"ojicensm,.We are asking the City to issue a finding of public convenience and necessity for our store. The following information supports this request. Our company Wild for the Vine has been in business for a year selling wine accessories and wine decor. With our new location, we would like to add bottled wines from around the world. We hope to create a "boutique"approach to our wines, focusing on smaller wineries that aren't carried by the larger chain stores. The store is located on Hwy 111 with only street parking. There are no parking lots, alleys, or back doors for people to loiter around. Our store will be outfitted with security cameras positioned at strategic locations. We will]preserve security tapes for a reasonable period of time and will make them available to law enforcernent officers, upon request. Upon receiving our license, every person working for Wild for the Vine, including myself will be required to attend a training program sponsored by the ABC. As recommended, we will continue our training at regular intervals thereafter. These training programs will focus on selling and serving wine responsibly, and in compliance with California law. On January 5a'we submitted our application to the ABC. Our entire store is handicap accessible, and well lit. This has been a dream of ours for quite some time now, and we're very excited to be bringing our store to the Palm Springs area. All of our neighboring tenants have expressed that they are looking forward'to ' having an upper scale wine boutique in their area. C 5 7ve3� JA N 17 200 Please notify me if any public heu__ gs are required in connection with this ,guest. I am enclosing a check for$791.00 to cover the processing fee. If there are any questions,please feel free to call me at(909) 856- 2625 Thank You Very Much Scott Allan Morgan Owner of "Wild for the Vine" sm f, JAN 2006