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HomeMy WebLinkAbout2/16/2005 - STAFF REPORTS (11) DATE: FEBRUARY 16, 2005 TO: CITY COUNCIL FROM: DIRECTOR OF PLANNING SERVICES REQUEST BY MICHAEL AND KATHY JUDSON-CARR WITH THREE THINGS LLC. FOR THE ADOPTION OF A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL ALCOHOL (WINE ONLY) AT A PROPOSED NEW WINE TASTING ESTABLISHMENT LOCATED AT 242 NORTH PALM CANYON DRIVE, ZONE C-B-D. SECTION 15, APN 513- 091-011. RECOMMENDATION That the City Council consider the adoption of a Resolution of Convenience and Necessity in order to sell alcohol at a proposed new retail wine store located at 242 North Palm Canyon Drive, a draft resolution is attached. SUMMARY As per the Zoning Ordinance, Section 92.09.01.A.58 allows the use of a retail wine store subject to a Conditional Use Permit. The Department of Alcoholic Beverage Control does not have a wine only license. The proposed business will be a retailer of wines. An on-site wine tasting room is also proposed, but a Conditional Use Permit will be required for the alcohol portion of the business. A gift shop and art gallery are also proposed and allowed by right of zone according to Zoning Ordinance 92.09.01. The applicant has stated that the retail store will sell wine only. On Wednesday January 12, 2005 the Planning Commission of seven commissioners, voted 5-0, (1 abstained), (1 absent), to approve the Conditional Use Permit for the on-site wine tasting room, and on-sale of wine. The applicant has applied for one (1) liquor license through Department of Alcoholic Beverage Control. The one (1) license is as follows: License Type of License Number 42 On-Sale Beer and Wine for Public Premises *Source: Department of Alcoholic Beverage Control website The State Department of Alcoholic Beverage Control will not issue a license for such a sale unless the City Council, as the local governing body, or its designated subordinate officer or body, adopts a resolution pursuant to state law, indicating that the premises will provide for the public convenience and necessity. BACKGROUND The subject property is in a commercial area. Abutting uses are as follows: j 2. 02, . GP Zone Description North CBD C-B-D Retail South CBD C-B-D Retail East CBD C-2 Retail West CBD C-B-D Cocktail Lounge In accordance with Section 23958.4 of the Business and Professions Code which took effect on January 1, 1995, "undue concentration" means the case in which the applicant premises for an original or premise-to-premise transfer of any retail license are located in an area where 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 State Department of Alcoholic Beverage Control will not issue a license for the sale of alcohol at this location without a letter or resolution from the City Council or its designated subordinate officer or body, indicating the premises will provide for the public convenience and necessity. This business differs in use from the surrounding cocktail lounge and liquor stores as it is wine tasting only and on-sale of wines in addition to the gift and art gallery portion of the business. A finding of "Public Convenience and Necessity" means that the applicant premises will provide for the convenient patronage of the public whereby the convenience does not already exist in the immediate area. Necessity implies that the premise is needed by the community. Currently the State Department of Alcoholic Beverage Control, pursuant to Section 23958.4 of the 1995 state law, considers the City of Palm Springs as over-concentrated relative to establishments that provide alcoholic beverages. State law was enacted to allow local government the opportunity to regulate the number and location of such uses. Currently in the South Palm Canyon Drive and South Indian Canyon Drive corridor there are five (5) businesses that sell alcoholic beverages (Club Liquor, Palm Canyon Liquors & Deli, Cork 'N' Bottle Liquor Store & Deli, One Stop Liquor and Costa Wine Store). The atta ed draft resolution approves the sale of alcohol. D"Planninces City Manager ATTACHMENTS: 1. Letter of Request 2. Draft Resolution 44 23958.4. (a) For purposes of Section 23958, "undue concentration" means a case in which the applicant premises for an original or premises-to-premises transfer of any retail license are located in an area where any of the following conditions exist: (1) The applicant premises are located in a crime reporting district that has a 20 percent greater number of reported crimes, as defined in subdivision (c) , than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. (2) 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. (3) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. (b) Notwithstanding Section 23958, the department may issue a license as follows : (1) With respect to a nonretail license, a retail on-sale bona fide eating place license, a retail license issued for a hotel, motel, or other lodging establishment, as defined in subdivision (b) of Section 25503.16, a retail license issued in conjunction with a beer manufacturer's license, or a winegrower's license, if the applicant shows that public convenience or necessity would be served by the issuance. (2) With respect to any other license, if the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance. The 90-day period shall commence upon receipt by the local governing body of (A) notification by the department of an application for licensure, or (B) a completed application according to local requirements, if any, whichever is later. If the local governing body, or its designated subordinate officer or body, does not make a determination within the 90-day period, then the department may issue a license if the applicant shows the department that public convenience or necessity would be served by the issuance. In making its determination, the department shall not attribute any weight to the failure of the local governing body, or its designated subordinate officer or body, to make a determination regarding public convenience or necessity within the 90-day period. (c) For purposes of this section, the following definitions shall apply: (1) "Reporting districts" means geographical areas within the boundaries of a single governmental entity (city or the unincorporated area of a county) that are identified by the local law enforcement agency in the compilation and maintenance of statistical information on reported crimes and arrests. (2) "Reported crimes" means the most recent yearly compilation by the local law enforcement agency of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. (3) "Population within the census tract or census division" means the population as determined by the most recent United States decennial or special census. The population determination shall not operate to prevent an applicant from establishing that an increase of resident population has occurred within the census tract or census division. (4) "Population in the county" shall be determined by the annual population estimate for California counties published by the Population Research Unit of the Department of Finance. (5) "Retail licenses" shall include the following: (A) Off-sale retail licenses: Type 20 (off-sale beer and wine) and Type 21 (off-sale general) . (B) On-sale retail licenses: A11 retail on-sale licenses, except Type 43 (on-sale beer and wine for train) , Type 44 (on-sale beer and wine for fishing party boat) , Type 45 .(on-sale beer and wine for boat) , Type 46 (on-sale beer and wine for airplane) , Type 53 (on-sale general for train and sleeping car) , Type 54 (on-sale general for boat) , Type 55 (on-sale general for airplane) , Type 56 (on-sale general for vessels of more than 1,000 tons burden) , and Type 62 (on-sale general bona fide public eating place intermittent dockside license for vessels of more than 15,000 tons displacement) . (6) A "premises to premises transfer" refers to each license being separate and distinct, and transferable upon approval of the department. (d) For purposes of this section, the number of retail licenses in the county shall be determined by the most recent yearly retail license count published by the department in its Procedure Manual. (e) The enactment-of this section shall not affect any existing rights of any holder of a retail license issued prior to April 29, 1992, whose premises were destroyed or rendered unusable as a result of the civil disturbances occurring in Los Angeles from April 29 to May 2, 1992, to reopen and operate those licensed premises . (f) This section shall not apply if the premises have been licensed and operated with the same type license within 90 days of the application. JAN-06-2005 16:02 FROM ABC RNCHO MRGE TO 93228jbb r.e3 1 .:,;: .+. . .�..7 pp?L. Ti4`R .,jvftE tt �, Y•q', vs.n «r: ..,..s:U' ''lr.l�4l�ti''� '4� Yy l 1� �✓1`��.�"C'l:k,d :'\"'1.'i'S�. 1>;•�. ,.. . .. �+: . �.isll.�n:'�iY�'�1i.1�L.�.�,��`i�.s's�.N.. IeS;<l:.liG_"lf.r.:;?t•':...":�::,1:[:�.f�:.J.�a.. al, ALCOHOLIC HBVERAGE CONTROL ACT 73 that a daily on-sale general license issued pursuant to Ssxliou?AIX5.1 shall not aura dW the foregoing rights and privileges.None of the lieens= mentioned in this section may,by reason of any license mentioned in this seixi*label,bottle,package,or refill any package with any alcoholic beverage, eo...te lC .19ft� '�s�betxewu.rra7lNl� r� r• �'t `M�4 ,, . .,. .23402. Purchases by reta lion: No retail on-or off-sale liomsee,except a daily on-sate general licensee holding a license issued pursuant to,section 24045.1, shall purchase alcoholic beverages for resale from any person except a person holding a beer manufactm er's,wine grower's,hedifier's;brandy manidhe u es,or wholesaler's license, instam—ftk%1faycr.140,k effmt SWk=bW11,120,ad&&'%Mft ch. I1fL.a,eBeceNo�nabee re,lhav,wdeaacpua.lN'd1$�•'eMtaeid Gem.en ,r. 23403, Retail sale of tmilenatui+ed''akohol No epil'licensee>except apharmxc}7 or drag store registered with the California State 1 6iil of Pharmacy,shall sell Or possess on his licensed premises any undenat. alcohol of any proof or compound thereof which is an alcoholic beverage as defined'in Sew 23004 containing more than 60 percent of alcohol by volume.Undenattttrd a o6W shall be s aid at retail only upon the prescription or order of th6'holder of a physician's'and surgeon's certificate or a dentist's or veterinarian's license.Any person who violates any,of the provisions of this section is guilty of a misdemeanor. 23404. 5alestnatt violating stct It is uniawvfui for any salesman to aid or abet in the violation of any of tic provisions(if this division or knowingly to become a t party,either directly or indirectly,in the violation of'any of tha provisions of this division. 23405, Transfer of corporate stock. "(a) Any oorpponation holding a license under this division shall maintain a,record of its shatelwklers at the principal office of the corporation in California and fire record of its shareholders shall be available to the department for inspection.The eorpotation'shall report to the department in writing any of the following: ri (1) Issuamee or transfer of any sharps of stock to any person where the issuance or transfer results in the person owning 10 percent or more of the corporate stock. (2) Chango,in any of the corporate officers which aro,tequired by Section 312 of the Corporation Code. .. . (3) Change of the members of its board of directors. The report shall be filed with the department within 30 days after the issuance or transfer of corporate stock, change in corporate Officers, or change in members of the board of directors, as the case may be.' Qt) Any licensee within the.purvkw of dqs secliert who is required by federal law to report to the federal government under the provisions of the Federal Alcohol Administration Act or rite Internal Rovenue Cods:rite iidorntition required by this section may send to the department a copy of'tho report of$he same time as it is sent to the federal governirmt,and the copy of the report sent to the department by the licensee shall be deemed sufficient compliance with the provisions of this section. (c) The provisions of this section shall not apply to any of the following: (1) A corporation the stock of which is listedon'k stock exchange in this state or in the City of New York,State of New York. (2) A bank,trust company,financial institution or title company to which a license is issued in a fiduciary capacity. .. .l:M:as,Mh'rti;'T"•"yT:nTn4R'r'Sx�V++"'s;•S`o,,N..,,...,.h.. ::Fe. .: is •-�y V'')'1 .> �� ,:: 1 .t. l TOTAL P.03 JAN-06-2005 16:01 FROM ABC RNCHO MRGE TO 93228360 P.02 .72 Ai.CoxordcBMRACEcoW't OLACc ` , `] ? farmers' market sales permit.The department shall notify the city,eounry,or city and �T. . . county and applicable law enforcement agency wheie the certified farmers'market is to be held of the issuance of the permit,A"Certified farmers"initket'.'mcums a location operated in accordance with Chapter 103(comm6ricirig with Section 47000) of Division 17 of the Food and Agricultural Code,and the regulation adopkd.purivint thereto. (b) The licensed winegrower eligible for the Certified farriers'market asks parnif shall not sell more than 5,000 gallons of wine annually ptnatiant Oft certified fanners' . market sales permits held by any single winegrower.'11ae licensed winegrower shall report total certified farmers' market wine sales to the department on an annual basis. The report may be included within the annual report of production submitted to the department, or pursuant to any regulation as may be prs6ibed by ti'te department (c) The fee for any permit issued pursuant to this section shall be forty dollars($40)., (d) All money collected as foes pursuant to this section"shall be deposited in the Alcohol Beverage Control Fund as provided in Section 25761. .: Hurry.—Added by aiwis*NO,Ch.Sal,erreed"JAWi4ty t,ML 23399.5. Limousine, hot air balloon ride services sirvimg alcoholic ' beverages. (a) No license or permit is required for the serving of alcolTolic beverages in a limousine by any person operating a limousine service regulated by the Public Utilities Commission;provided there is no extra charge or fee for the alcoholic beverages, Por purposes of this subdivision,there is no extra charge•or fee for the alcoholic beverages when the fee charged for the limotsine service is the same regardless of whether alcoholic'beverages are served (b) No license or permit is required for the serving of alcoholic beverages as part " of a h6t air balloon ride service,provided there is no extra charge or fee for the alcoholic beverages. - .1 t'` .• ' .. ' For purposes of this subdivision,there is no extra charge or fee for the alcoholic beverages when the fee charged for the hot air balloon ride service is the same regardless of whether alcoholic beverages are served, Hi=T1,IM,a dsnt,(4)1 CL.fiat,m eiderJm�aey r,rffT.Aaasded►y Been.lfdq ca.od.fnamaa Jenuary i,1?99,adds cct..fb)Yot air ballooe ride aeretm 23399.7. Golf cart sales. 'Any license issued to arty golf course facility,or any license issued to a licensee that operates at any golf course facility,emitter the licence ' to make.sales of alcoholic beverages from any golf tart,as defined in Seed.on 345 of the Vehicle.Code,that ibe'licensee operates on the golf course premises. rtiRtoq+•-Added Mseatsrm,eh.sr;:o eabek J.seQ,mpYr. . 23400. On-sale general,package sides. An on-sale general license authorizes the purchase and possession of distilled spirits in packages which packages shall conform with standards of fill for distilled spirits in all respects to the regulations issued pursuant to Vedeml Alcohol Administration Act(27 U.S.C.Swa.201 et segJ and any amendments thereto.An on-sale general license shall not authorize the purchase of distilled spirits in packages containing less than six ounces or whiskey,;gin, dr vodka in packages containing one-tenth gallon. ` Hrehq.—ata/a.Ism Oh.ldr,+n effect Jaaneer.I.M%dorreee P66km rt�b tleet4Hoel and added r<aaircmeMerocewra+atgmcis.with redsal'eeaalatiees andaeMud deeeleaeel.' _ . 23401. Off'-sale privfeges tmder en-sale Beers,s. An on-sale general license, with respect to beer and wine, and any on-sale license,with respect to the particular beverage or beverages mentioned in the license,also authorizes the exercise of the rights and privileges granted by an off-sale beer and wine license;provided,however, 1 .,ti`: .1,j•, : • i l.r i,t .11 L' ,, PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORN[A County of Riverside - i Nc.0729 NOTICE OF PUBLIC HEARING PLANNING COMMISSION CITY OF PALM SPRINGS Case 51028 Conditional Use Permit Palm I am a citizen of the United States and a resident of 242 North APN: 513-691- 11 Drive the County aforesaid;I am over the age of eighteen NOTICE IS HEREBY GIVEN that the Planning years,and not a party to or interested in the Commission of the City of Palm Springs, Califor- nia, will hold a public hearing at its meeting of above-entitled matter.I am the principal clerk into January 12,, 2005. The Planning Commission printer of the,DESERT SUN PUBLISHING `Mg atz begins jtin the PCouncil bChambe�nat city COMPANY a newspaper of general CIYCUIa[i0n, Sall. 3200 E. Tahquitz Canyon Way, Palm P printed and published in the city of Palm Springs, The purpose of this heating is to consider an ap- County of Riverside,and Which Newspaper has been plication by Michael and Kathy Judson-Carr for a Conditions) Use Permit to allow construction of a adjudged a newspaper of general circulation by the wine tasting and wine home shop, gift shop, end Superior Court of the Conti of Riverside,State of art gallery and operating as an O1-Sale Beer and P tY Wine for Public Premises site, located at 242 California under the date of March 24, 1988.Case North Palm Canyon Drive CBD Zane, Section 15. Pursuant to Section 92.I .o1.D 1 of the Zoning Number 191236; that the notice,of which the Ordinance: liquor stores and coclRail lounges are allowed in the GET) zone with a Contlitional Use annexed is a printed copy(set in type not smaller Perms,An approval of tna conditional use Permit than non ariel,has been published in each regular by the Planning Commission would be final, un- p P g less appealed to the It Council and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: January 3"' -�--.1 �- --------- -----------_-__-_'-__-----------_---—__.__________----'_- All in the year 2005 I certify(or declare)under penalty of perjury that the foregoing is true and correct. �— M,�o, c�cm.�o a ,ukscsiev�n.,ri Dated at Palm Springs,California this----4......day Ot------Jallua - 20115 Aciron- tIOEevie whereas tt o Section 15 oiv:;�•n limn �_ ______, m e the 6301 (Existing ental Quality t, ( wine tasting and hoit, e shop, �in shop, and art gallery meets the conditions eutined for minor addiuons to ex- [sting structures. , Signature If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or In written correspondence at,or ITO- or to, the Planning Commission hearing. An opportunity will be given at said hearing for all Interested persons to be heard.Questions regard- ing this case may be directed to Diane Bullock, Assistant Planner at (760) 323-8245. Si necesita ayuda con esta carts,par avor(lame a la Ciudad de Palm Sprm9s y puede nobler con Nadine Fieger. Te[efeno ( 60) 323-8245. Gary Wayne - D[r "P imig " vi RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A RESOLUTION OF CONVENIENCE AND NECESSITY IN ORDER TO SELL ALCOHOL AT A PROPOSED NEW STORE LOCATED AT 242 NORTH PALM CANYON DRIVE, C-B-D ZONE, SECTION 15, APN 513-091-011. WHEREAS, Michael and Kathy Judson-Carr of Three Things LLC, ("applicant') has requested the adoption of a Resolution of Convenience and Necessity in order to sell alcohol at a proposed new store at 242 North Palm Canyon Drive, C-B-D Zone, Section 15; and WHEREAS, Michael and Kathy Judson-Carr of Three Things LLC, ("applicant') agrees to sell wine only, no tasting room and no other sales items until a Conditional Use Permit is processed and approved: and WHEREAS, the City Council is being asked to adopt a Resolution of Convenience and Necessity pursuant to the requirements of the Alcoholic Beverage Control Board; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Resolution of Convenience and Necessity, 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 42 - On-Sale Beer and Wine for Public Premises; NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Resolution of Convenience and Necessity for On-Sale Beer and Wine located at 242 North Palm Canyon Drive. ADOPTED this 16" Day of February 2005. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager REVIEW AND APPROVED AS TO FORM: Department of Planning Services w E V N Vicinity Map 'Q3l poRs�� ML rn r AMADO RD z a a z a z 0 r C] z A C� O ANDRE RD CITY OF PALM SPRINGS CASE NO.: 5.1028 DESCRIPTION: Application by Three Things LLC. Lessee for the sale of wine, APPLICANT: Three Things LLC. and a tasting room at 242 North Palm Cyn. Dr., Zone CBD, Sec 15. APN:513091011 .