Brisbane Municipal Code Ch. 5.70 Determination of Public Convenience or Necessity for an Alcoholic…

The purpose of this chapter is to execute the city's authority to review applications for the city's determination of public convenience or necessity for alcohol beverage sales for all retail licenses of on-premises sale or off-premises sale establishments, excluding retail licenses for on-sale bona fide eating places, hotels, motels, or other lodging establishments, or retail licenses issued in conjunction with a beer manufacture or a wine grower's license, when such applications are referred to the city by the California Department of Alcohol Beverage Control in those areas that are deemed to be over-concentrated with on-sale or off-sale outlets or those areas that are considered high crime, as specified in Business and Professions Code Section 23958.4, and following, as the same may be amended from time to time.

(Ord. No. 652, § 1, 6-18-2020)

A. The community development director shall review and take action on applications for the determination of public convenience or necessity except as provided in subsection B of this Section 5.70.020. The director's action on the application shall be final unless appealed as provided in Section 5.70.060 of this chapter.

B. In any case where the applicant is required to obtain a separate use permit, variance, design permit, planned development permit, zoning ordinance amendment, or other land use permit(s) that otherwise would be considered by the planning commission, then the application for the determination for public convenience or necessity shall be reviewed and action taken on such application by the planning commission in conjunction with the separate land use permit(s). The planning commission's action shall be final unless appealed in accordance with Chapter 17.52.

(Ord. No. 652, § 1, 6-18-2020)

For the purposes of this chapter, the following definitions apply:

A. "Determination" means a decision of public convenience or necessity by the city to assist the state in the issuance of a license for the on-premises sale and off-premises sale of alcoholic beverages by the California Department of Alcoholic Beverage Control in those areas that are deemed to be over-concentrated with on-sale or off-sale outlets or those areas that are considered high crime, as specified in Business and Professions Code 23958.4, and following, as the same may be amended from time to time.

B. "Decision-making body" shall mean the community development director, the city manager, the planning commission of the city, of the city council of the city, as such terms are defined in this section and in Title 2 of this Municipal Code.

C. "Director" means the community development director or the Director's designee.

D. "On-premises sale" means the same as on-sale outlet and refers to the sale of alcoholic beverages for consumption on and off the premises.

E. "Off-premises sale" means the same as off-sale outlet and refers to the sale of alcoholic beverages for consumption off the premises in original, sealed containers from an alcoholic beverage company.

(Ord. No. 652, § 1, 6-18-2020)

Within ninety (90) days of receipt of a complete application for a determination of public convenience or necessity, the director shall either grant or deny the application pursuant to the findings in Section 5.70.050 of this chapter. Notice of the director's action on the application shall be mailed to the applicant, the subject property owner, and to all owners of property within three hundred (300) feet of the subject property. Any person may appeal the director's action on the application as provided in Section 5.70.060 of this chapter.

(Ord. No. 652, § 1, 6-18-2020)

Subject to this Section 5.70.050, the decision-making body shall review an application for a determination and may issue a determination of public convenience or necessity in connection with an application for a license from the California Department of Alcoholic Beverage Control for the on-premises sale or off-premises sale only after making all of the following findings:

A. The property for which the alcoholic beverage license is requested has no active building code or health code violations of record, and on-premises sale or off-premises sale is a permitted use; and

B. The proposed on-premises sale or off-premises sale use is not located within an area that the proposed use would:

1. Be detrimental to the public health, safety, or welfare of persons located in the area; or

2. Increase the severity of existing law enforcement or public nuisance problems in the area; and

C. At least one of the following additional findings:

1. The proposed outlet for the on-premises sale or off-premises sale would act as a convenience to an underserved portion of the community; or

2. The proposed outlet for the on-premises sale or off-premises sale would enhance or facilitate the vitality of an existing commercial area; or

3. The proposed on-premises sale or off-premises sale is incidental and appurtenant to a larger retail use and provides for a more complete and convenient shopping experience.

(Ord. No. 652, § 1, 6-18-2020)

A. Appeal of director action. An appeal of the director's action shall be made to the city manager in writing and filed with the city clerk within ten (10) calendar days after the final action of the director. The appeal shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for appeal. The city manager shall conduct a review of the application and may affirm, modify or reverse the action of the director, or refer the matter to the city council for action. if the city manager refers the matter to the city council, Section 5.70.050 shall apply.

B. Appeal of planning commission action. An appeal of the planning commission's action to the city council shall be made in accordance with Chapter 17.52 of Title 17.

(Ord. No. 652, § 1, 6-18-2020)

TITLE 5 FOOTNOTES

1. For provisions on license fees, see Ch. 5.20.