2016/09/13 City Council Resolution 2016-86RESOLUTION NO. 2016-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DENYING A REQUEST TO MAKE A DETERMINATION OF PUBLIC
CONVENIENCE AND NECESSITY FOR A TYPE 20 OFF -SALE BEER & WINE
LICENSE FOR OXFORD SUITES LOCATED AT 67 GOLF COURSE DRIVE WEST
(APN 045-055-030)
WHEREAS, on April 26, 2012, the Planning Commission of the City of Rohnert Park
approved a Conditional Use Permit for the Oxford Suites to allow for the operation of a hotel;
and
WHEREAS, Oxford Suites will include a gift shop in its lobby that provides various
food, sundry, and personal care items intended to serve the daily needs of hotel occupants, and a
bar on its first floor that will primarily cater to hotel patrons and their guests; and
WHEREAS, Oxford Suites has requested a Type 70 license to sell on -sale alcohol at its
bar and Type 20 license to sell alcohol off -sale in the gift shop from the Department of Alcoholic
Beverage Control (ABC); and
WHEREAS, Rohnert Park Municipal Code Section 8.34 governs the approval of on -sale
and off -sale alcohol sales; and
WHEREAS, the on -sale and service of beer, wine, and distilled spirits in the bar at this
location will serve hotel patrons and their guests rather than the general public and given this
environment, the service of alcohol can be expected to be done in a maturer that does not
negatively impact the surrounding area; and
WHEREAS, the bar is an accessory and incidental use of the hotel and its presence was
clearly indicated and approved with the hotel's Conditional Use Permit which also satisfies the
requirements of Ruluiert Park Municipal Cudu Scctiuu 8.34, and
WHEREAS, off -sale alcohol sales were not clearly indicated or approved with the
hotel's conditional use permit but may be permitted by ABC through a license authorized under
Business and Professions Code Section 23817.7 if the City Council determines that public
convenience or necessity would be served by the issuance; and
WHEREAS, Section 8.34 of the Municipal Code also requires the determination of
public convenience and necessity as one of the considerations for an off -sale permit; and
WHEREAS, a finding of public convenience and necessity requires consideration of
impacts to the surrounding community; and
WHEREAS, Oxford Suites will be located within 500 feet of an existing off -sale
alcoholic beverage establislmnent; and
WHEREAS, Oxford Suites is located in area of the City with higher than average
reported crimes; and
WHEREAS, the Department of Public Safety has identified community impacts
including specific public health and safety risks because of possible illegal sale to minors and
adults under the legal drinking age, and an over -concentration of establislunents that sell alcohol
in the immediate vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the above referenced recitals are true and correct and material to the adoption of this
Resolution.
BE IT FURTHER RESOLVED that the City Council hereby finds and determines that
Planning Commission's findings and Conditional Use Permit support the approval of the on -sale
bar service, including a Type 70 license from the ABC and any additional permits required under
the Rolinert Park Municipal Code.
BE IT FURTHER RESOLVED that the City Council hereby finds and determines that
a Type 20 Off -Sale Beer & Wine License to Oxford Suites at 67 Gold Course Drive West (APN
045-055-030) does not serve a public convenience and necessity, and therefore the request for
such a determination is denied.
BE IT FURTHER RESOLVED that the City Manager, the Development Services
Director and the Director of Public Safety are authorized to take all actions necessary and
appropriate to effectuate these findings and determinations.
DULY AND REGULARLY ADOPTED this 13`x' day of September, 2016
ATT �T:
City Clerk)�°G(';
CITY OF ROHNERT PARK
AHANOTU: CALLINAN: ¢USellf-STAFFORD: U MACKENZIE: BELFORTE: d
AYES: (I ) NOES: ( 6s) ) ABSENT: ( I ) ABSTAIN: 0 )
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2016-86