HomeMy WebLinkAboutResolution 95-231 08/21/1995 Resolution No. 95-231 NC.S.
of the City of Petaluma, California
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2 PAYLESS ABC LICENSE
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5 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY IN REGARD
6 TO THE ISSUANCE OF A LICENSE BY THE STATE OF CALIFORNIA
7 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TO PAYLESS DRUG
8 STORE, 365 EAST WASHINGTON STREET, PETALUMA, APN 007-072-041
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to WHEREAS, in census tract areas known by the Department of Alcoholic Beverage
it Control (ABC) to have an undue concentration of on-sale and/or off-sale licenses, a
12 determination must be made by the local governing body that public convenience or
13 necessity would be served by the issuance of such ABC license(s); and
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15 WHEREAS, on June 19, 1995; the City Council elected to make the public
16 convenience or necessity findings required by the Business and Professions Code
17 Section 23958.4; and
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19 WHEREAS, Payless Drug Store at 365 East Washington Street is currently in
20 operation and holds an ABC #20 license which allows the sale. of beer and wine;
21 and
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z 3 WHEREAS, Radona Malin, on behalf of Payless Drug Store has applied to the City
24 Council requesting a determination be made that public convenience or necessity
z 5 would be served by the authorization of an ABC #21 off-sale general license which
26 would in addition to the sale of beer and wine, allow the sale of liquor by Payless
27 Drug Store, at 365 East Washington, located in Census Tract #1509.00; and
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z9 WHEREAS, the request was heard on August 21, 1995 before the City Council at
3 o which time information was heard and considered by the Council; and
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32 NOW, THEREFORE, BE IT RESOLVED as follows, that it is hereby declared
33 that the City Council has found that public convenience or necessity would be
34 served by the issuance of an off-sale general ABC #21 license (beer, wine and
35 liquor) by the Department of Alcoholic Beverage Control to Payless Drug Store
36 based on the following findings and subject to the following conditions:
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95-231 Page 1 of 2
Res. No N.GS.
1 Findin s:
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3 1. The issuance of an off-sale beer, wine, and liquor ABC #2] license as issued
4 by the State of California Department of Alcoholic Beverage Control to
5 Payless Drug Store at 365 East Washington Street, Petaluma, as conditioned,
6 will conform to the requirements of the Petaluma Zoning Ordinance, which
7 allows retail sales of alcohol in commercially zoned districts.
s 2. The issuance of an off-sale beer, wine, and liquor ABC #21 license as issued
9 by the State of California Department of Alcoholic Beverage Control to
to Payless Drug Store at 365 East Washington Street, Petaluma, as conditioned,
11 will not constitute a nuisance or be detrimental to the public welfare of the
12 community, as conditions have been imposed regarding the hours of
13 operation and location of business activities.
14 3. The issuance of an off-sale beer, wine, and liquor ABC #21 license as issued
15 by the State of California Department of Alcoholic Beverage Control to
16 Payless Drug Store at 365 East Washington Street, Petaluma, will serve the
17 public convenience or necessity.
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19 Conditions:
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21 1. Payless Drug Store shall comply with all applicable provisions of the Zoning
2 z Ordinance and ABC regulations.
23 2. All business activities involving the sale of alcoholic beverages shall be
24 confined to the interior of the store at 365 East Washington Street. No
25 parking lot-sales, displays, etc. shall be permitted.
26 3. Hours during which alcohol may be sold shall be limited to that which is
27 existing: Monday through Saturday/lam to lOpm; Sunday/7AM to 9pm.
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29 Under the power and authority conferred upon this Council by the Charter of said City.
}.~,~'ERENCE: I hereby certffy the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) ~~1) meeting form
32 21st A ust S.-.
33 on the daY of ............!!g.._......._ 199.. , by the
34 following vote: - ~~--/1,~--..-.---
ity Attorney
3 5 payleres/jk115
AYES: Hamilton, Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss
NOES: None
ABSENT: $gr185 ,
ATTEST: -...~-~::C:G.~G~...---~a~s~~~
L~~
City.Clerk Mayor
Council File
~a io-as ens. n•~....__95.-231.... ncs. Page 2 oP 2