Glenn County Municipal Code § 15.745 Alcoholic Beverage Sales

This Chapter contains the County of Glenn’s (County) review procedures for an applicant securing a license from the California Department of Alcoholic Beverage Control (ABC) (Ord. 1282 § 2, 2019)

State law requires a local jurisdiction to make a “public convenience or necessity” determination before ABC will issue a liquor license. (See Division 9 of the State Business and Professions Code for specific State Requirements and definitions regarding alcoholic beverage control 23958, 23958.4 and 23817.7 of that code specifically address State licensing requirements). (Ord. 1282 § 2, 2019)

1. Action by Director or Planning Commission

   1. The Director shall review and process upon a request for a letter of “public convenience or necessity (PCN)” when it is required from the local jurisdiction by ABC.

   2. The request shall be referred to the Planning Commission for action.

   3. Requests to appeal the Planning Commission actions shall be filed in compliance with Glenn County Code Section 15.050 (Appeals)

2. Procedure . Staff shall review and notice prior to a public hearing.

3. Review Authority . The review authority shall belong to the Planning Commission.

4. Notification of license request . The applicant who has been required by ABC to obtain from the County a letter of PCN must provide notice to owners and occupants of properties located within 1,000 feet of the exterior parcel boundaries of the proposed establishment. The text of the notice shall be in compliance with the guidelines provided. Such notice shall be given by:

   1. Sign . A sign of at least 16 square feet, posted in a conspicuous location on the site of the proposed alcohol sales establishment but not within the clear site triangle of any driveway or intersection. No action shall take until the sign has been in place for 14 consecutive days. The sign must be removed within 14 days of final action by the County.

   2. Mail . Notice of application may be mailed when the applicant can prove that surrounding property owners and occupants will be as likely to be notified of the application as if by the posting of a sign. The applicant shall provide proof of mailing, and the Department shall take no action until 19 days after such mailing.

5. Finding Required . Before issuing a letter of PCN for an ABC license, the review authority shall find that the following is true:

   1. A public convenience or necessity will be served by the granting of the license. (Ord. 1282, 2019)

If a revenue source of the establishment consists of the sale of alcoholic beverages, including but not limited to: a bar, tavern, nightclub, cocktail lounge, liquor store, convenience store, restaurant with bar, restaurant, cafe, diner, winery with tasting room, brewery with tap room, tasting room, tap room, motel, bowling alley, food and beverage service and concession facilities, entertainment facilities, or any facility that has on-site sale of alcoholic beverages, or the ABC has determined that the business will exceed census tract concentration thresholds and requires a letter of PCN, then the proposed business shall be required to obtain a Conditional Use Permit approving the PCN, in order to sell alcoholic beverages in the County. An applicant shall be required to apply for, and receive an approved Conditional Use Permit, and if necessary a letter of PCN, from the Glenn County Planning Commission. The applicant shall work with the Department to file the appropriate application and current Conditional Use Permit fee. (Ord 1282; 2019)