Reedley Municipal Code Ch. 11 Alcoholic Beverage Licenses

In 1994, the state Business and Professions Code was amended to give cities and other local agencies the authority but not the obligation to make public convenience or necessity findings in certain alcoholic beverage license proceedings. The purpose of this chapter is to establish procedures for considering requests for findings of public convenience or necessity for such license applications. (Ord. 95-012, 9-12-1995)

A. Application: Application for findings of public convenience or necessity with respect to applications for those alcoholic beverage licenses specified in Business and Professions Code section 23958.4, subdivision (b)(2) to applications shall be made in writing to the community development department and shall include the following information:

1. Name and address of applicant.

2. Certification that the applicant is the owner of the premises or is the authorized agent of the owner.

3. Address or description of the premises.

4. A statement describing in detail the reasons why the issuance of the alcoholic beverage license under consideration will serve the public convenience or necessity. The statement shall include, but not be limited to, facts demonstrating the public convenience or necessity, including a physical description of the premises, the type of business to be conducted on the premises, unique or unusual features or services offered in connection with such business and other facts the applicant deems pertinent.

5. A drawing of the site on which the premises are located and the surrounding area for a distance of at least three hundred feet (300') from each boundary of the site showing the existing locations of streets and property lines and a list of the names and last known addresses of the recorded legal owners, as shown on the latest adopted assessment roll of Fresno County, of all properties shown on the drawing. County assessor's maps may be used for this purpose.

B. Fee: The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application as prescribed in this chapter. (Ord. 95-012, 9-12-1995)

A. When the community development department has accepted an application as complete, the application shall be scheduled for a public hearing before the city council for a determination of public convenience or necessity.

B. Notice of the public hearing shall be given not less than ten (10) days nor more than twenty (20) days prior to the date of the hearing by:

1. Mailing postage prepaid, a notice of the time and place of the hearing to the applicant and to all persons whose names appear on the property owner's list submitted under the provisions of section 3-11-2 of this chapter;

2. Publishing a notice at least once in a newspaper of general circulation in the city. (Ord. 95-012, 9-12-1995)

At the public hearing, the city council shall review the application and the statement submitted therewith, shall consider the recommendations of city staff including the chief of police, and shall receive pertinent evidence and testimony with respect to public convenience or necessity for issuance of the alcoholic beverage license described in the application. (Ord. 95-012, 9-12-1995)

If, on the basis of the application and evidence and testimony submitted, the city council determines that the issuance of the alcoholic beverage license in question will serve the public convenience or necessity, the city council shall adopt a resolution containing findings to that effect. If the city council determines that the issuance of the alcoholic beverage license will not serve the public convenience or necessity, the city council shall adopt a resolution denying the application.

The city clerk shall transmit a certified copy of the resolution of the city council to the state department of alcoholic beverage control. (Ord. 95-012, 9-12-1995)

Findings of public convenience or necessity shall become void one year from the date of adoption of the city council resolution containing such findings, unless, prior to expiration of the one year, the alcoholic beverage license is issued by the department of alcoholic beverage control. (Ord. 95-012, 9-12-1995)