Elk Grove Municipal Code Art. V Public Convenience Determination for Alcohol Licenses

Any person whose application for any alcohol license is subject to a determination of public convenience or necessity by the City pursuant to Section 23958.4 of the Business and Professions Code shall submit an application to the City for a determination whether or not the public convenience and necessity would be served by the granting of such license. Such application shall be made on forms approved by the Community Development Director and shall contain such information as required by him or her. At a minimum, any application shall contain that information required by EGMC Title 23 (Zoning). The application shall be accompanied by payment of a fee to be established by resolution of the City Council calculated to offset the costs of the review and determination. The public convenience or necessity application shall include a written statement from the applicant demonstrating, by substantial evidence, that the public convenience or necessity would be served by the issuance of a license from ABC.

(Ord. 10-2011 § 3, eff. 6-24-2011; Ord. 24-2015 § 3 (Exh. A), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

A. Upon receipt of such request for a determination of public convenience or necessity or notice of an application for an alcohol license from the Department of Alcoholic Beverage Control (“ABC”), the Community Development Director shall refer such application to the departments and advisory bodies of the City for review and comment. The Community Development Director may request from the applicant any additional pertinent information regarding the applicant, the proposed license, or the applicant premises. All departments shall submit their findings, comments, or recommendations to the Community Development Director.

B. At a minimum, the Chief of Police shall determine whether there are existing problems regarding criminal activity at the applicant premises or in the area surrounding the applicant premises. If the Chief of Police determines that there are such existing problems with criminal activity, he shall report such problems, in writing, to the Community Development Director. In making this determination, the Chief of Police shall consider the following factors such as the incidence of:

1. Loitering and vandalism;

2. Public drinking and drunkenness;

3. Illegal drug usage and sales; and

4. Theft and violent behavior.

C. At a minimum, the Community Development Department shall determine whether the applicant premises are within the appropriate land use designations and have received all required entitlements to permit the type of sale of alcoholic beverages described in the application.

D. At a minimum, the Code Enforcement Department shall investigate whether there is any pending code enforcement action regarding the applicant premises. If it is discovered that there is a pending or ongoing code enforcement action involving the applicant premises, no PCN approval may be made by the City until the investigation is completed and all code violations are resolved.

E. At a minimum, the City personnel responsible for business licenses shall determine whether any required business license has been issued and is in good standing for the applicant premises. If the City personnel determine that a license is required and has not been issued or is not in good standing, they shall report such, in writing, to the Community Development Director.

F. At a minimum, the Building Official shall determine whether there are any building code violations at the applicant premises and shall report such, in writing, to the Community Development Director.

G. The Community Development Director shall also determine whether any protests were lodged with the ABC in relation to the applicant’s request for a license with that body.

H. The written reports required by this section are to be received by the Community Development Director within fifteen (15) days from the date the application is forwarded to such departments and advisory bodies.

(Ord. 10-2011 § 3, eff. 6-24-2011; Ord. 24-2015 § 3 (Exh. A), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

A. Proceedings to determine the public convenience or necessity of issuing any alcohol license subject to Section 23958.4(b)(2) of the Business and Professions Code shall be scheduled before the City Council. Notice of the public hearing shall be given in the same manner as required by EGMC Section 23.14.040.

B. The hearing shall be held without regard to the technical rules of evidence and all persons desiring to appear shall be permitted to do so. The Community Development Director or his or her designee shall present the results of all written reports from the City departments and advisory bodies. The alcohol license applicant shall be required to demonstrate, by substantial evidence, that the public convenience or necessity will be served by the issuance of a license.

C. In all cases in which an applicant applies for a PCN determination, the designated approving authority may exercise its discretion to grant or deny issuance of a letter of public convenience or necessity. In exercising its discretion, the approving authority shall consider the following factors:

1. Proximity and number of other retail outlets selling alcohol;

2. Proximity of the retail outlets to schools, playgrounds, and other facilities serving young people;

3. Proximity of the retail outlet to residential neighborhoods; and

4. Whether the retail outlet provides: (a) a wide range of desirable goods and services; or (b) a unique type of goods or services.

D. Findings. At the conclusion of the hearing, the designated approving authority shall determine, within the limits of Section 23958.4(b)(2) of the Business and Professions Code, whether the public convenience or necessity will be served by the issuance of a license for the alcohol sales at the applicant premises. The determination shall be reduced to writing by the Community Development Director and shall be provided by mail upon the alcohol license applicant and ABC. A determination of public convenience or necessity shall only be issued when the City Council makes all of the following findings:

1. The proposed use is compatible with neighborhood character; and

2. The proposed use will be of benefit to the neighborhood.

(Ord. 10-2011 § 3, eff. 6-24-2011; Ord. 24-2015 § 3 (Exh. A), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)