The purpose of this chapter is to add guidelines, criteria and procedures for the issuance or denial of letters of public convenience or necessity requested from the city pursuant to Business and Professions Code Sections 23817.7 and 23958.4, as written or hereafter amended. On January 1, 1995, Business and Professions Code Section 23817.5 became effective and provides for a moratorium on the issuance of licenses for retail off-sale beer or wine to be issued by the state in areas which are overconcentrated as defined by that statute. Business and Professions Code Section 23817.7 provides certain exceptions to the moratorium imposed in Section 23817.5, where the city determines the public convenience or necessity would be served by issuance of a license for the sale of alcoholic beverages. Business and Professions Code Section 23958 provides that new licenses or transfers of licenses shall be denied if issuance of the license would tend to create a crime problem or if issuance would result in undue concentration of licenses except as provided in Section 23958.4.
Business and Professions Code Section 23958.4 provides exceptions permitting the issuance of an original license or transfer of a license to sell alcoholic beverages in an area which is overconcentrated or where a crime problem exists, as provided in the statute. Applicants for certain licenses, as provided in the statute, including nonretail licenses, retail on-sale at a bona fide eating place, licenses issued to hotels, beer manufacturers and wine growers, may provide a letter of public convenience or necessity directly to the state Department of Alcoholic Beverage Control. All other potential licensees must obtain a letter of public convenience or necessity from the local governing body. This section is designed to address cases in which the city may issue a letter of public convenience or necessity pursuant to provisions of the Business and Professions Code.
The city council finds and determines that overconcentration of certain establishments selling alcoholic beverages poses a serious threat to the health, safety, welfare, security, economic viability and stability of the city. The city council also recognizes that certain establishments with licenses to sell alcoholic beverages do not detract from neighborhoods and may, when properly operated, enhance the stability and economic viability of a community. There is no single formula for determining whether public convenience or necessity are served by an additional use in an overconcentrated area. Accordingly, the guidelines, standards and procedures adopted herein for the issuance of letters of public convenience or necessity are designed to achieve the following goals:
A. To permit the issuance of licenses for certain types of establishments which sell alcoholic beverages and which do not pose a threat to the public health, safety or welfare of the city and where issuance of a license would serve the public convenience or necessity;
B. To permit an applicant for a license to meet the criteria set forth in the Business and Professions Code where the issuance of licenses for certain types of establishments will contribute, in a positive way, to the economic viability, stability, convenience or necessity of the city;
C. To provide standards and policy guidelines and to define the circumstances when the city will not issue a letter of public convenience or necessity;
D. To provide standards and policy guidelines and to define circumstances in which the issuance of a letter of public convenience or necessity may be issued upon a showing that issuance of the license to sell alcoholic beverages will not pose a threat to the public health, safety or welfare of the city and where the public convenience or necessity is served;
E. To provide for an appeal process for those circumstances in which an applicant has requested a letter of public convenience or necessity and the request for such a letter has been approved or denied; and
F. To provide a process by which the mayor or a member of the city council may request review of the final decision of the planning and design commission relating to issuance or denial of a request to issue a letter of public convenience or necessity. (Prior code § 30.05.100)