HomeMy WebLinkAboutResolution 95-157 06/19/1995RESOLUTION NO. 95-157 N.C.S.
1 of the City of Petaluma, California
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3 RESOLUTION REAFFIRMING THE PLANNING COMMISSION'S FINDING
4 PURSUANT TO THE REQUIREMENTS OF
5 BUSINESS AND PROFESSIONS CODE SECTION 23958.4
6 REGARDING THE ISSUANCE OF LICENSES BY THE DEPARTMENT
7 OF ALCOHOLIC BEVERAGE CONTROL IN AREAS
8 IDENTIFIED AS EXPERIENCING UNDUE CONCENTRATION
9 OF LICENSED PREMISES AND SETTING FORTH
l0 FUTURE AUTHORITY FOR DETERMINING
11 PUBLIC CONVENIENCE AND NECESSITY
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15 WHEREAS, pursuant to Business and Professions Code Section 23958.4(b)(2), the
16 Department of Alcoholic Beverage Control (ABC) may grant certain types of alcoholic beverage
17 licenses as set forth in said section; and
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19 WHEREAS, this section precludes the ABC from issuing new licenses within an area
20 identified as experiencing an undue concentration of licensed facilities unless the local governing
21 body of the area in which the applicant's premises are located determines that the public convenience
22 and necessity would be served by the issuance of said license; and
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24 WHEREAS, the Department of Alcoholic Beverage Control has indicated that the Petaluma
25 City Council may delegate the duties of determining whether or not public convenience and necessity
2 6 are met thiough a subordinate agency or zoning,. planning, or law enforcement official; and
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28 WHEREAS, the Petaluma Planning Commission expressly made the determination of public
29 convenience and. necessity regarding the proposed establishment known as Bankshot Billiards.
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31 NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the Planning
32 Commission was appropriate in making said determination, retroactive to January 1, 1995; and,
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34 BE IT FURTHER RESOLVED that the City Council hereby concludes that, pursuant to
35 Business and Professions Code Section 23958.4(b)(2) the authority and duty to determine whether or
36 not public convenience and necessity would warrant the issuance of a license notwithstanding a
37 determination that there is undue concentration of licenses as defined in Business and Professions
3 8 Code section 23958.4(a), shall, from the date of the adoption of this Resolution, be the City Council
3.9 of the City of Petaluma.
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4 2 Under the power and authority conferred upon this Council by the Charter of said City.
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44 REFERENCE: I hereby certify the foregoing Resolution was introduced end adopted by the Approved as to
4 5 resoABC/jml Council of the City of Petaluma at a (Regular) $7t83b1tlbt'effi;t7(IC(f3FYati) meeting form
46 on the .19.th .............. day of ................r).Unt^...........---..................., 7s.9S.... by the ~p
following wte; _ ....~1~~i1-.-...........
AYES: Shea, Maguire, Stomps, Hamilton, Vice Mayor Read AAtttt
NOES: Barlas s)~/~
ABSENT: Mayor`~~h~~~T/!/~
ATTEST: .....:; _~ ............................~--........................
City Clerk
Council Fila.._.__.._._._....._.._
CA IO~BS Rev. No ............................._ N.C.S.
Mayor ~ v