Upon receipt of an application for the sale of alcohol, regardless of whether the application is for a Use Permit, PCN determination, or both, the Director shall refer such application to the Economic Development Division, the Sheriff’s Department, Environmental Health Division, Building Division, Fire District, School District, and citizens advisory committee for review and comment. If no response is received by the Planning, Public Works and Environmental Services Department from any reviewing agency or interested party within ten (10) working days from the date the application is forwarded, it shall be presumed that the agency or party has no objection.
If any of the following determinations are made during the review of the application for a PCN determination, the Department shall recommend denial of the application to the deciding body unless the applicant can demonstrate that clearly overriding considerations and/or substantial community benefits resulting from the proposed application outweigh the negative determination(s):
(a) The subject premises for the ABC license does not have a Use Permit, or the applicant has not concurrently applied for a Use Permit, to allow for the sale of alcohol or alcoholic beverages, unless otherwise exempt under Section 8-6.104, above.
(b) There is a pending code enforcement action regarding the subject premises for the ABC license that has not been properly abated to the satisfaction of the appropriate agency.
(c) The subject premises for the ABC license does not have a valid business license or the business license is not currently in good standing.
(d) Substantial protests have been lodged with the State ABC in relation to the applicant’s request for the license.
(e) There is a history of law enforcement actions or known criminal activity at the subject premises or in the area surrounding the subject premises, as documented by the Sheriff’s Department.
(f) The subject premises do not have the appropriate General Plan land use designation or zoning and/or have not received all required entitlements to permit the sale of alcoholic beverages described in the application.
(g) The proposed application would result in negative economic impacts, as determined by the Economic Development Division.
(Ord. 1445, eff. August 14, 2014)