Colusa Municipal Code Ch. 9B Alcohol Sales—public Convenience or Necessity

The purpose of this chapter is to discharge the city's authority to review applications of public convenience and necessity for alcohol beverage sales, both on-site and off-site, that are referred to it by the Alcohol Beverage Control of the State of California.

(Ord. No. 482, § 1, 9-18-2012)

The city council shall approve or deny applications for public convenience or necessity. The applicant for a letter of public convenience or necessity shall demonstrate to the city council how public convenience or necessity will be served by the existence of the new retail outlet selling alcohol.

(Ord. No. 482, § 1, 9-18-2012)

Any person whose application for an on-sale or off-sale alcohol license is required by the California Department of Alcoholic Beverage Control ("ABC") is to be subject to a determination of public convenience by the city council, may apply with the city for a determination that the public convenience would be served by the granting of such license.

(Ord. No. 482, § 1, 9-18-2012)

(a) Upon receipt of an application for a determination of public convenience or necessity, the planning department shall review such application and also refer such application to the police department.

(b) The police chief shall determine whether there are existing problems regarding criminal activity at the applicant's premises or in the area surrounding the applicant's premises. If the police chief determines that there are such existing problems with criminal activity he/she shall report such problems in writing, to the planning department for inclusion in the recommendation to the city council.

(c) The planning department shall determine whether the applicant premises are within the appropriate land use designations and have received all entitlements to permit the type of sale of alcoholic beverages described in the application. The planning department shall report its determination, in writing, and as part of the recommendation to the city council.

(Ord. No. 482, § 1, 9-18-2012)

(a) Within sixty days of receipt of a complete application for a determination of public convenience or necessity, the city council shall consider and take action on such application.

(b) The applicant shall be required to demonstrate that the public convenience or necessity will be served by the issuance of a license.

(c) At the conclusion of the council's consideration of the matter, the city council shall determine whether the public convenience or necessity will be served by the issuance of a license for the applicant's premises. Such determination shall be made by resolution of the city council and a copy shall be provided to the applicant.

(d) The city council may determine that the public convenience will only be met if certain conditions are imposed upon the license issued by ABC. Such conditions may be recommended by the city council and shall be communicated to ABC. The conditions may cover any matter relating to the privileges to be exercised under the license, the conduct of the business or the condition of the premises, which will protect the public welfare and morals, including but not limited to the following:

1. Restrictions as to hours of sale.

2. Limitations on size or type of alcohol beverage sold.

(e) If conditions are imposed, any finding of public convenience shall clearly state that it is contingent upon the imposition of such conditions by the department of alcoholic beverage control.

(Ord. No. 482, § 1, 9-18-2012)