HomeMy WebLinkAbout5/19/2004 - STAFF REPORTS (4) DATE: MAY 19, 2004
TO: CITY COUNCIL
FROM: DIRECTOR OF PLANNING AND ZONING
REQUEST BY CLYDE VERN WRIGHT FOR THE ADOPTION OF A RESOLUTION OF
CONVENIENCE AND NECESSITY IN ORDER TO SELL ALCOHOL (WINE ONLY) AT A
PROPOSED NEW WINE SHOP LOCATED AT 333 SOUTH INDIAN CANYON DRIVE, SUITE
E. ZONE C-B-D. SECTION 14.
RECOMMENDATION
That the City Council consider the adoption of a Resolution of Convenience and Necessity in
order to sell alcohol at a proposed new wine shop located at 333 South Indian Canyon Drive,
Suite E. A draft resolution is attached.
SUMMARY
As per the Zoning Ordinance, Section 92.09.01.A.58 allows the use of a wine shop. The
Department of Alcoholic Beverage Control does not have a wine only license. The proposed
business will be a retailer of premium wines. An on-site wine tasting room is also proposed, but
a Conditional Use Permit will be required for that portion of the business. The applicant has
stated that the retail store will sell wine only and that a Conditional Use Application will be
processed for the tasting room and/or other items for sale.
Department of Alcoholic Beverage Control, a license is pre-defined and cannot be altered or
modified to reflect an agreement between an applicant and the City. Once the City Council
adopts a resolution pursuant to state law, the applicant can sell any type of alcohol allowed by
the Department of Alcoholic Beverage Control license they have applied for.
The applicant has applied for two (2) liquor licenses through Department of Alcoholic Beverage
Control. The two (2) licenses are as follows:
License Type of License
Number
21 Off-Sale General (beer, wine and spirits)
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 adopts a resolution pursuant to state law, indicating that the premises
will provide for the public convenience and necessity.
A
BACKGROUND
The subject property is in a commercial area. Abutting uses are as follows
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 Retail
In accordance with Section 23958.4 of the Business and Professions Code which took effect on
January 1, 1995, 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 indicating
the, premises will provide for the public convenience and necessity. 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 existing in the immediate
area. Necessity implies that the premise is needed by the community.
Currently the State Department of Alcoholic Beverage Control, pursuant to 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 attached draft resolution approves the sale of alcohol.
Director of 71apping and Zoning City Manager
ATTACHMENTS:
1. Letter of Request
2. Draft Resolution
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 333 SOUTH INDIAN
CANYON DRIVE, SUITE E, C-B-D ZONE, SECTION 14.
WHEREAS, Clyde Wright ("applicant") has requested the adoption of a Resolution of
Convenience and Necessity in order to sell alcohol at a proposed new store at 333 South Indian
Canyon Drive, Suite E, C-B-D Zone, Section 14; and
WHEREAS, Clyde Wright ("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 21 - Off-Sale General (beer, wine and spirits) and
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 the Off-Sales General (beer,
wine and spirits) and On-Sales Beer and Wine located at 333 South Indian Canyon Drive, Suite
E.
ADOPTED this 19th day of May 2004.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEW AND APPROVED AS TO FORM: A c?o