2005/05/24 City Council Resolution (18)RESOLUTION NO. 2005 -162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DENYING THE ISSUANCE OF A LETTER OF PUBLIC CONVENIENCE
AND NECESSITY
WHEREAS, Business and Professions Code Section 23958 provides that the Department of
Alcoholic Beverage Control (the "Department ") shall deny an application for a license to sell
alcoholic beverages if issuance would result in or add to an undue concentration of licenses,
except as provided in Business and Professions Code Section 23958.4; and
WHEREAS, Business and Professions Code Section 23958.4 provides that the Department may
issue a license for oil sale retail alcohol sales despite an undue concentration of licenses if the
local governing body determines within 90 days of notification of a completed application that
public convenience or necessity would be served by the issuance; and
WHEREAS, the Department has determined that an "undue concentration" of off -sale retail
alcohol sales locations exists in the City of Rohnert Park; and
WHEREAS, the issuance of an "off -sale retail alcohol sales license" to "Kegs 2 You" would not
serve "public convenience and necessity," for the reasons outlined in the Public Safety
Department's memorandum to the Planning Department; and
WHEREAS, the reasons outlined by the Public Safety Department include a concern with
underage drinking, alcohol dependency, and binge - drinking;
NOW, THEREFORE BE IT RESOLVED the City Council of the City of Rohnert Park
determines that issuance of an off -sale retail alcohol sales license to "Kegs 2 You" would not
serve public convenience or necessity and directs staff to submit this resolution to the local office
of the Department in accordance with Business and Professions Code section 23958.4.
DULY AND REGULARLY ADOPTED this 24th day of May , 2005.
ATTEST:
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a AFVKI, IL
CITY OF ROHNERT PARK
Mayor J ke Mackenzie
FLORES: AYE SMITH: AY SPRADLIN: ABSENT VIDAK- MARTMZ: AY MACKENZIE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
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