Lincoln Municipal Code Ch. 18.60 Alcohol Sales

(a) Any person who possesses an existing commercial building or approved commercial project whose application for an on-sale or off-sale alcohol license is required by the Alcoholic Beverage Control Board of the State of California ("ABC") to be subject to a determination of public convenience or necessity ("PCN Determination") by the City of Lincoln, may apply to the City of Lincoln for a determination of whether public convenience or necessity would be served by the granting of such license. Such application shall be made on forms provided by the city and contain such information required by the city.

(b) The application shall be filed at the community development department and shall be accompanied by payment of fee to be established by resolution of the city council calculated to offset the costs of processing applications. No application shall be deemed completed, nor shall it be reviewed, without payment of application fee.

(c) The PCN application shall include a written statement from the application demonstrating, by substantial evidence, that the public convenience or necessity would be served by the issuance of a license from the ABC.

(d) All applications involving a license for the sale or consumption of alcoholic beverages that require the issuance of a PCN determination shall also be required to file application for and obtain approval of a conditional use permit in accordance with the procedures set forth in Chapter 18.56 of this code.

(e) Sale of alcohol where the sale of alcohol is not considered the business's primary use the product storage and display occupies less than three percent of the floor area ratio or is less than ten square feet, whichever is less.

(Ord. No. 935B, § 1, 1-10-2017; Ord. 807B §4, 2006 ; Ord. 797B §§4, 5, 2005)

(a) Proceeding regarding a PCN determination for the issuance of a license from the ABC shall be scheduled for public hearing before the planning commission within 60 days of receipt of a completed application or as soon thereafter as the matter can be scheduled. Notice of the hearing shall be given in the same manner as set forth in Government Code sections 65090 and 65091.

(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 applicant shall bear the burden of proof that public convenience or necessity would be served by the issuance of the license. Therefore, the applicant shall provide all evidence necessary to show that the selling of alcoholic beverages at the applicant premises will serve public convenience or necessity and will be accomplished in a manner to eliminate any objections received pursuant to this section. In all cases in which an applicant applies for a PCN determination, the planning commission may exercise its discretion to issue or deny issuance of a letter of public convenience or necessity. In exercising its discretion, the planning commission shall consider the following factors:

(1) The type of proposed use by the applicant;

(2) Whether the proposed use will be detrimental to the health, safety and welfare of the community;

(3) Whether the use would enhance the economic viability of the area in which it is proposed to be located;

(4) The extent of support or opposition to the proposed license from members of the community;

(5) The number of licenses within a one-mile radius of the proposed licensed location;

(6) The type of licensed premises within a one-mile radius of the proposed licensed location and the extent to which the proposed license would cause a further over-concentration of the particular type of premises in the area;

(7) The background and the history of the applicant, including the nature and extent of problems on any premises where he or she has operated a licensed premises in the past;

(8) Whether the applicant has ever been convicted of any offense involving moral turpitude or any offense related to the sale or use of alcoholic beverages;

(9) How close the proposed establishment will be to a residential neighborhood, place of worship, or school;

(10) Whether there is a history of police or crime-related problems in the area proposed for a license; and

(11) Whether the proposed license would enhance recreational or entertainment opportunities in the area.

(c) The planning commission may determine that the public convenience or necessity will be met and the health, safety or welfare of the community will be prompted only if certain conditions are imposed upon any license issued by the ABC. Such conditions shall be included in the planning commission's decision and shall be communicated to the ABC. The conditions may cover any matter relating to the privileges to be exercised under the license. If a letter is issued with conditions applied, it shall specifically set forth that the public convenience or necessity is served only if the conditions set forth in the letter are met by the applicant. Examples of such conditions can be, but are not limited to:

(1) Sales of beer and malt beverages shall be in quantities of not less than a six pack;

(2) Sales of wine shall be in containers of at least 750 ml;

(3) Wine coolers shall not be sold in quantities of less than factory packs of four;

(4) Distilled spirits shall be sold in containers of at least 200 milliliters;

(5) No wine shall be sold with an alcohol content greater than 15 percent by volume;

(6) Restriction as to hours of sale;

(7) Display of sign may be regulated;

(8) Types and strength of alcoholic beverages to be served where such types of strengths are otherwise limited by law;

(9) The personal conduct of the licensee shall not conflict with the implementation of any conditions imposed on the licensee or the licensed premises.

(d) If necessary, the hearing may be continued for further review. At the conclusion of the hearing, the planning commission shall determine whether the public convenience or necessity will be served by authorizing the issuance of a license for the applicant premises. The PCN determination shall be reduced to writing by the community development director who will author a PCN determination stating whether the planning commission finds public convenience and necessity will or will not be served by the issuance of a license from the ABC. The written determination shall be served by mail upon the applicant and the ABC within 15 business days of the decision of the planning commission.

(e) No letter of public convenience or necessity shall be issued by the planning commission pursuant to this section unless the applicant agrees, in writing, that if the ABC issues a license to sell alcoholic beverages, the license will be subject to all conditions imposed as part of the PCN determination at all times the license is in use and in effect.

(Ord. 797B §4 (part), 2005)

(a) A PCN determination in support of the issuance of a license for the ABC is only valid for one year from the date of the planning commission's action and the PCN determination shall so state. If no license to sell alcoholic beverages has been issued to the applicant for the applicant premises, within one year of issuance of a favorable PCN determination, the city's PCN determination shall be deemed withdrawn without the need for further action by the planning commission or the applicant, and the applicant must reapply if he/she seeks another PCN determination.

(b) Except as provided in Business and Professions Code section 23958.4, the PCN determination is not transferable to any other applicant or proposed licensee. Unless permitted by Business and Professions Code section 23958.4, any proposed licensee for the same premises must submit a new application and follow the procedures for the issuance of a PCN determination in this section. Nothing in this section precludes the city from protesting the issuance of a license from the ABC pursuant to other sections of the Alcoholic Beverage Control Act, including, but not limited to, section 23958.

(Ord. 797B §4 (part), 2005)

The decision of the planning commission regarding the PCN determination or related imposition of conditions may be appealed to the city council pursuant to Chapter 18.94. The request for the appeal shall state the reasons why the person appealing the decision believes the planning commission's PCN determination should be reversed or modified. At any proceeding before the city council, the applicant shall have the burden of demonstrating that public convenience or necessity will be served by issuance of an alcoholic beverage license, and that issuance of the license will not pose any threat to the health, safety or welfare of the community in which the licensed premises would be located.

(Ord. 797B §4 (part), 2005)

In the event of a violation of any of the conditions imposed on an applicant or the applicant premises in accordance with this section, the planning commission may, after public notice and hearing, revoke any letter of public convenience or necessity issued regarding the applicant or applicant premises. Upon revocation, the applicant shall not continue to sell alcoholic beverages at the applicant premises. The determination of the planning commission shall become final ten days after the date of decisions unless appealed to the city council. The revocation shall be reported to the ABC.

(Ord. 797B §4 (part), 2005)

Churches serving sacramental wine used only during authorized religious services.

(Ord. 807B §6, 2006)