2018/06/12 City Council Resolution 2018-081RESOLUTION No. 2018-081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
MAKING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY FOR
LOS REYES MARKET LOCATED AT 177 SOUTHWEST BOULEVARD
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
that the public convenience or necessity would be served by the issuance; and
WHEREAS, the Los Reyes Market is a meat market and grocery store that also provides
household items that is intended to serve the daily grocery needs of Rohnert Park residents,
particularly those of the Hispanic community in this area; and
WHEREAS, the City Council has considered factors presented by staff in its
determination of public convenience or necessity, including the type of patrons that will be
catered to, the type of environment and atmosphere offered, how the establishment would differ
from those in the immediate area licensed by ABC, and the potential for a negative impact in the
surrounding community; and
WHEREAS, the City Council has also considered the following relevant factors
regarding the ability of Los Reyes Market to obtain an alcohol use permit, as set forth in Rohnert
Park Municipal Code section 8.34.060, in determining whether public convenience or necessity
would be served:
1. The proposed alcoholic beverage establishment is located in a zoning district in
which the establishment is a permitted use.
2. The proposed establishment will not contribute to an undue concentration of
alcohol establishments in the area as defined by Business and Profession Code
Section 23958.4 OR is an establishment for whom the city has made a finding of
public convenience or necessity.
3. The proposed off -sale establishment is eleven thousand square feet or less in size
and is not located within five hundred feet of any existing schools, hospitals,
parks, playgrounds or other off -sale alcoholic beverage establishments of eleven
thousand square feet or less in size.
4. The proposed establishment is not located in a high -crime area as defined in
Business and Professions Code Section 23958.5, or where a disproportionate
number of police service calls occur.
WHEREAS, the conditions of approval for an alcohol use permit include operational
standards and conditions that are intended to ensure that the sale of beer and wine at this location
is done in a manner that does not negatively impact the surrounding area.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park, California, finds that that public convenience or necessity would be served by the issuance
of a Type 20 On -Sale Beer and Wine license to Los Reyes Market.
DULY AND REGULARLY ADOPTED on this 12th day of June, 2018 by the City of
Rohnert Park City Council by the following vote:
CITY OF ROHNERT PARK
Pam Stafford, Mayor
a'' ATTEST:
o ne M. Buergler, ity Clerk
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2018-081