Chapter 85.04 — ABC LICENSING

This Chapter contains the County’s review procedures for an applicant securing a license from the State Department of Alcoholic Beverage Control (ABC).

(Ord. 4011, passed - -2007)

State law generally requires a local jurisdiction to make a “public convenience or necessity” determination before the ABC will issue a liquor license. (See Division 9 of the 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. 4011, passed - -2007)

• (a) Action by the Director or Commission.

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

(2) If a request is determined by the Director to be controversial, the request shall be referred to the Commission for action.

(3) Requests to appeal the Director or Commission actions shall be filed in compliance with Chapter 86.08 (Appeals).

(b) Procedure. Staff review with notice.

• (c) Review Authority. Director.

(d) Notification of License Request. The applicant for an ABC license who has been required by the ABC to obtain from the County a letter of public convenience or necessity must provide notice to owners and occupants of property located within 500 feet of the exterior boundaries of the proposed establishment. The text of the notice shall be in compliance with the guidelines provided by the Department. 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

establishment but not within the clear site triangle of any driveway or intersection. The Department shall take no action 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 the application may be mailed when the applicant can prove to the Department 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 (14 days extended an additional five days for mailing).

(e) Finding Required. Before issuing a letter of “public convenience or necessity” 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. 4011, passed - -2007)