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Home My WebLink About6/1/2011 - STAFF REPORTS - 5.A. f?ALM u ,n A R �Cp 1°'3Po sF ?ORATES c41 1,,0 P CITY COUNCIL STAFF REPORT DATE: June 1, 2011 NEW BUSINESS SUBJECT: REQUEST BY CORK 'N BOTTLE FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL BEER AND WINE FOR CONSUMPTION OFF PREMISES (TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT THE EXISTING RETAIL STORE LOCATED AT 342 NORTH PALM CANYON DRIVE. CASE: 5.1261 — PCN FROM: David H. Ready, City Manager BY: Craig Ewing, AICP, Director of Planning Services SUMMARY The applicant, Cork 'N Bottle, is requesting the Council to adopt a Resolution of Public Convenience or Necessity (PCN) for the sale of beer and wine for off-site consumption (Alcoholic Beverage Control Type 20 license) at the existing retail store located 342 North Palm Canyon Drive. The store currently sells beer, wine and distilled spirits under a State Alcoholic Beverage Control (ABC) Type 21 license; however, the operator will be downgrading to an ABC Type 20 license to sell only beer and wine. RECOMMENDATION: Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 ALCOHOLIC BEVERAGE CONTROL LICENSE) AT A RETAIL STORE LOCATED AT 342 NORTH PALM CANYON DRIVE." BACKGROUND: The applicant has applied for a "Type 20" license through the State of California Department of Alcoholic Beverage Control (ABC) for the existing retail store located at 342 North Palm Canyon Drive. The "Type 20" license authorizes the sale of beer and wine for off-site consumption; minors are allowed on the premises. Because of the "undue concentration" of liquor licenses in this particular census tract, the ABC will not ITEM NO. City Council Staff Report June 1, 2011 5.1261-PCN—Cork'N Bottle Page 2 of 3 342 N. Palm Canyon Drive issue the license unless the City Council adopts a resolution pursuant to state law, indicating that granting a "Type 20" alcohol license for the subject premises will provide for the public convenience or necessity. ANALYSIS: The applicant is applying for a new "Type 20" alcohol license at 342 North Palm Canyon Drive for the sale of beer and wine for off-site consumption. 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 off-sale retail licenses to the population in that tract (or division) exceeds the ratio of off-sale 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, by granting such license. Currently, the State Department of Alcoholic Beverage Control considers the census tract that the proposed license is to be located as having an "undue concentration" of liquor licenses. The subject property is located within Census Tract #0446.01 (see attached census map). This tract is authorized four (4) off-sale licenses and there are currently fourteen (14) active off-sale liquor 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. Surrounding zoning, general plan land use designations and existing uses are denoted in the following table. Table 1: Surrounding zones, general plan designations and existing land uses Zone General Plan Land Use North CBD (Central CBD (Central Vacant Lot Business District)_ Business District South CBD (Central CBD (Central Commercial / Retail Business District) Business District) East CBD (Central CBD (Central Vacant Lot Business District) Business District) West CBD (Central CBD (Central Commercial / Retail Business District) Business District) City Council Staff Report June 1, 2011 5.1261-PCN—Cork `N Bottle Page 3 of 3 342 N. Palm Canyon Drive x , M M? p k AERIAL PHOTO SHOWING PROJECT SITE AND SURROUNDING DEVELOPMENT Some of the nearby businesses have various types of licenses for the sale and consumption of alcohol, including Shakerz (Cocktail Lounge) at 301 N. Palm Canyon Drive, Wild for the Vine (Wine Shop) at 390 N. Palm Canyon Drive, Torme's Restaurant at 360 N. Palm Canyon Drive. The nearest school is Katherine Finchy Elementary School which is approximately a mile away at 777 East Tachevah Drive. FISCAL IMPACT: No Fiscal Impact. ing, Al Thomas J. W' n, ?irector!�fPlan Services Assistant Cit Manager David H. Ready, Q nager Attachments: 1. 400' Vicinity Map 2. Draft Resolution 3. Letter of Request from Applicant 4. Census Tract Map ♦ALM SA "' N Department of Planning Services w E 4p..N Vicinity Map S ................................................................................... _.... .._..............................7--- i ..................... ........ _... .... ..... ......... I ° E � 1 a ................................................................................... ac -� z W Fi ................... .......... I .._ __. __�.............................. ......._. , .._...__.-............ _._..... �......................... �_ A-MADO R® __. ............__ .. �_.....__. _ Legend — _....... _...._....._.._ ID 400ft Buffer t......,_...._.......__..... Site 1 Parcels { CITY OF PALM SPRINGS CASE NO.: 5.1261 PCN DESCRIPTION: A request by Cork 'N Bottle for a Resolution of Public Convenience or Necessity for APPLICANT: Cork 'N Bottle a Type 20 ABC license in order to sell beer and wine for off-premise consumption at the existing located at 342 N. Palm Canyon Drive, Zone CBD, Section 15. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OF PUBLIC CONVENIENCE IN ORDER TO SELL BEER AND WINE FOR OFF SITE CONSUMPTION (TYPE 20 STATE ALCOHOLIC BEVERAGE CONTROL LICENSE) AT A STORE LOCATED AT 342 NORTH PALM CANYON DRIVE. WHEREAS, Cork `N Bottle ("Applicant") has requested the adoption of a Resolution of Public Convenience or Necessity (Planning Case No. 5.1261 PCN) for a Type 20 alcohol license to sell beer and wine for off-site consumption at a store located at 342 North Palm Canyon Drive, APN 513-081-017, Zone CBD, Section 15/T4/R4; and WHEREAS, the Applicant proposes to sell beer and wine for off-site consumption as part of a convenience store; and WHEREAS, the applicant has made an application to the State of California Alcoholic Beverage Control Board for a Type 20 license to sell beer and wine for consumption off-premises at 342 North Palm Canyon Drive; 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 (ABC); and WHEREAS, on June 1, 2011, 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 City Council finds that a Type 20 liquor license (beer and wine) at 342 North Palm Canyon Drive, serves the Public Convenience. ADOPTED THIS 1 st DAY OF JUNE, 2011. David H. Ready, City Manager ATTEST: James Thompson, City Clerk Resolution No. Page 2 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 The Y CORK"' N BOTTLE Liquor Store April 5,2011 To: Mr.Craig Ewing Planning Director City Of Palm Springs 3200 Tahquitz Canyon Way. Subject:Re guest to the City Council for a Resolution of Public Convenience or Necessi Kindly we are looking for a Request to the City Council for a Resolution of Public Convenience or Necessity for the Alcoholic Beverage Control (ABC)for type 20 off-sale beer and wine license"for our store, '?he Cork n Bottle"at 342 North Palm Canyon Drive. Note that we have sold our Type 21 license for additional cash flow to keep business running in this tough times.and have applied for the Type 20 license that is the subject of this request. Attached is my application fee. Please notify me as soon as this request is ready to be scheduled with the City Council.Thank you Best regards Cork N Bottle Moustapha Khalil Cell:760-774-8464 mo3434@hotmail.com 342 N. Palm Canyon Dr. Palm Springs, CA 92262, Phone:760-774-8464 email: mo3434@hotmail.com PIhU MapYnnt x ar:,%, i vi i ^iY'A. �-,.:.".'+. Ilk W. r e"S i A �I, t' Ji fDr ra 4 ! .. ,.. 1 �t��/ qn :.®ref-TMYgg�++.��.„„yy ®'r'rfp�y,. 4 ACnt�CM°t��. [F k. l �, �^�e �, r, {! !f't1li•r�s,'fw4� "� ems. �, 3l Yld 35 Y c9�.1.t1 IfS{, d «)•A'%d.t {E E i3j1 F� ,�................................................. ....,.......................... 2010 inform ation Street Address 342 N PALM . CANYON DR Legend •— . City Name PALMSPGS Highway State Abbr CA lip Codemm_ 92262 Tract MSA/MD Code 1 40140 Street µ i............................... State Codc..............i 06 County Code 065 ................................................, Tract Code 0446.01