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2010/10/12 City Council Resolution 2010-119RESOLUTION NO. 2010-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK MAKING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR TARGET STORE LOCATED AT 475 ROHNERT PARK EXPRESSWAY (APN 143- 391 -043) WHEREAS, Business and Professions Code Section 23958.4 provides that the Department of Alcoholic Beverage Control (ABC) may issue a license for off -sale alcohol beverage sales despite an undue concentration of licenses, if the local governing body determines within 90 days of notification of a completed application that the public convenience or necessity would be served by the issuance; and WHEREAS, the Target store has recently completed a remodel of their facility in Rohnert Park including expansion of the market section of the store; and WHEREAS; the expanded market section of the store occupies the entire northwest portion of the store including additional grocery aisles and cooler sections; and WHEREAS, the sale of alcoholic beverages including beer, wine and distilled spirits will account for only 3 to 5% of total sales revenue in the store and is minor in nature and no other similar type establishments or businesses are located in the immediate area; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park, California, finds that the granting of a Type 21 alcoholic beverage license to Target Store located at 475 Rohnert Park Expressway (APN 143 -391 -043) serves a public convenience and necessity, subject to the following condition: 1. The applicant shall apply to the Department of Public Safety for an alcohol sales use permit in accordance with Municipal Code Chapter 8.34 and maintain a yearly permit at all times alcohol will be sold. DULY AND REGULARLY PASSED BY THE ROHNERT PARK CITY COUNCIL THIS 12th DAY OF OCTOBER, 2010. BELFORTE: AYE BREEZE: AYE CALLINAN: ABSENT MACKENZIE: AYE STAFFORD: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)