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Home My WebLink About1996-04-09; City Council; 13592; CARLSBAD POLICE DEPARTMENT JUVENILE DIVISION REQUEST FOR OUT-OF-STATE TRAVEL FOR A CHILD SEXUAL EXPLOITATION INVESTIGATIONS SEMINARAB# 13, 5 5 Z L4TG.a I DEPT POLICE TITLE: DEPT. HI CARLSBAD POLICE DEPARTMENT JUVENILE DIVISION C,TY ATT REQUEST FOR OUT-OF-STATE TRAVEL FOR A CHILD CITY MGI SEXUAL EXPLOITATION INVESTIGATIONS SEMINAR 0 e - * v) - c V u a,@ c) -rl a 40) ou PC@ 0 23 b 00 L) a, 4-(k 0 z U V u hrn v) &I@ .d n nz ar, %El _I= dub Cbwa&I sa 09 E';f5: at- 3 IY ;E bU OW L-eLt/%L @ s”‘& 9flZ r‘ x- November 22, 1995 Karen Kundtz, City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008-1989 Dear Ms. Kundtz: Thrifty PayLess, Inc., would like withdrawal our request for an appeal to the city council. As you are aware, the city council has delegated the duties of determination for Public Convenience or Necessity (as indicated in section 23958.4 of the business and professions code) to the Carlsbad Police Department. As a result of more thorough review the police department informed Thrifty PayLess, Inc. that the issuance of an upgrade in our license status from a type 20 (off-sale beer and wine) to a type 21 (off-sale general) would serve the community as a matter of public convenience. Based on the police department findings, please withdrawal our appeal to the city council. Sin Cere!. r Thrifty PayLess, Inc. J, Sherrie Olson License Administrator 9275 South West Peyton Lane, Wilsonville, Oregon 97070 503/682-4100 ?$a E- ;; g5 @ : =- 2 ”* zz a- 3 ‘I. ;: e ;z + i & ; Q mc 25 nzos $S.., s PJ 0-R FqpG o%$g sg$, g2”g - - g?- ?? Fo zg d OP, - 2 Y% 9 - - - w - - a - - d - - - - - -, - - - - .. ,. - - - - - - - * - - - - - - - - - - - - - - - e e - a 0 ’ 1200 ELM AVENUE TE CARLSBAD, CALIFORNIA 92008 (619 Office of the City Clerk (Bit@ of Uhrlsbab DATE : U*d B l??r TO : 2oA L/ft*S, G7 QqC€ C&IEF FROM : C1-i-Y c Ldf]< RE : PA Yclrs~ De u 6 RF - LIQLIOC L ,C cd./sl-C. THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Counci within 30 days of the date that the appeal was filed. @SXIXDEK: J~-R+~x Kill nnt he noticed in the newswLt:l tp nff- Please process this item in accordance with the procedures contained in tl Agenda Bill Preparation Manual. If you have any questions, please call. .......................................................................... The appeal of the above matter should be scheduled for the City Council Meeting of S igna tu re Date CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 , REC’D FROM DATE ACCOUNT NO. DESCRO PTlON RECEIPT NO. @ printed on recycled paper NOT VALID UNLESS VALIDATED BY CASH REGISTER - __ - PLEASE DETACH THIS STATEMENT BEFORE DEPOSITING CHECK ?ENDOR# : 928317 r"'YCK#: 1113464 CO#: 0" ACCT: NATI( Invoice Amount 04153 APPEAL FEE 120.00 .oo 11-06-1995-079543 WaUEsr FOR AN APPEAL "PCN" for PayLess Lkug Store #4153 in Car rifar Bgk- MAIN OFFICE & WAREHOUSE -""os w- 9275SW PEYTONLANE WILSONVILLE OR 97070 Rec-Y- dhrifty DRUGS /*Jf&X my Sh!S y4z REGIONAL REAL ESTATE OFFICE 125 E, Baker Street, Suite 155 Costa Mesa, California 92626 Phone (714) 540-1201 Fax (714) 540-4 October 30, 1995 -I ii i - L ILL- /1L L, L. &/LE2 * DRUGS C-3 =/lhgs%i?nk-s Ms. Aletha L. Rautenkranz, City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Sherrie Olson Carlsbad, CA 92008- 1989 License Administrator 125 E. Baker St , Suite 155 Costa Mesa, California 92626 (714) 540-8534 Fax (7 1 4) 540-49 1 6 Dear Ms. Rautenkranz: This letter represents a request for an appeal of the decision by Carlsbad Chief of Police, Robt Vales. Payless Drug Store has applied to the department of Alcoholic Beverage Control (“ABC”) for upgrade of their present type 20 beer and wine off-sale to a type 21, off-sale general. Because of recent legislation (AB 2897, Caldera) the ABC is forced to deny an application if tl intended premises are within what the department considers an over-concentrated area (with liqw licenses) or a high crime reporting district, unless they receive a letter fiom the city stating that tl issuance of said license is a “matter of Public Convenience or Necessity”. Chief Vales said that he could not recommend issuance of PayLess liquor license upgrade becau; there is an existing Ralphs supermarket in the same center, operating with a type 21, liquor licensl We believe that a fsnding for Public Convenience can be found at our Carlsbad location based on tlr following information: * ThnRy PayLess, Inc. is a good corporate neighbor and an asset to the Carlsbad communitj Our customers will definitely benefit by having the convenience of a complete beverage department in our store along with prescription drugs, hardware items, toiletries, etc.., thu avoiding extra trips to a liquor store or supermarket. This specific store has an outstanding record of not having any violations with our currer type 20 beer and wine license; and in addition the Thrifty store in Carlsbad which has a fb liquor license sits next door to a Vons supermarket with a full liquor license, also ha maintained a very good record with the ABC. A large percentage of Thrifty Payless stores usually are adjacent to a major Supermarket ii the same center, both carrying a full liquor license. * * 0 0 * We would not be creating a new license for this location, since PayLess is already ken! to sell alcoholic beverage at this site. We are merely asking for an upgrade of our selling privileges of our existing license. PayLess and Thrifty are owned and operated by the same parent company with a str * alcoholic beverage sales poli~y in the stores.. * The police department notes that this location is not in a high crime reporting district I would this upgrade of our liquor license create a police problem. Enclosed are copies of letters that other cities have sent to ABC on our behalf that were the same shopping center tenant situation as our Carlsbad location. The ABC has accepi these letters and subsequently issued the upgraded liquor license. We feel that to deny us the chance to be competitive with other Supermarkets in the cen is tantamount to giving Ralphs an exclusive to sell alcoholic beverages. In the same c respect it would not be fair for us to hold the exclusive either. * * At the October 2, 1995 meeting with Chief Vales, our district manager and our broker representati were advised to submit additional documentation to supp~rt their findings of Public Convenience Necessity. findings. We wrote Chief Vales and waited for a reply. When one was not received we left several messag Unfortunately, the Chief was away from the city and we never received a reply. Today we wt informed by Lt. Lewis that another letter was not forthcoming and there must have been so1 miscommunication and that we need to appeal the Chiefs decision to the city council. ThriRy PayLess, Inc. is willing to discuss any concerns you may have regarding this upgrade. If you have any questions, please call me (714) 540-8534. Sincerely, Thrifty Payless, Inc. Sherrie Olson License Administrator Page 2 ---u I \ y.:, -;-- - fOTOflS& j\ & Mkh&t?sme?l$e$\ /-- 1: _. ,-; 123-5 E, KUF9-%TE@T9; >>ES4, mw ADDRlEss: LICENSE TYPE: pr-. . &$S&< C;eAw?C TYPE OF BUSII\TJESS (Le. Bar, Store, Gas Station, &.): BRW? &R= 4 MfMBEREmmG 1.2 ---.I-.c..IIIYIIII-yyy "--_y_I--I_-.-----______11_1_11_ CENSUS TRACT # A?%'. 77 IWMF3ER OF LICENSES ALLOWED CRlME REPORTING DISTRICT # sL DfSTRICT AVERAGE /E7 .x 120% = 1 =- HIGH CRXME (20% over av CRIMESmTRISmRTXNGDBmCT - me OR a %. (534-59r- -------1.11-11.1P 1111---1--1111.1..----.--.-"-.-~--*---------- The above premises is located I$ a area which has an over concentration of alcoholit: beverage licenses andor a higher than average crime rate as defined in Section 23958.4 of the Business and Professions Code. WILL PUBLIC CONVENIENCE OR MIECHS1TY BE SERVED BY TSStJANCE OF AtCOEOLJC BEVERAGE LICENSE? m~ E IN0 COMMENTS: toDtjg&&n ... Michael. P. Stein 741-4706 Name of CityKouny Official Phone Number of CityKounty Officia qmQ k 7-26-95 -.... Signatwe of City/Courlty Offieid Date Under the penalty of perjury. I declare the information in th;s adavlt is he to the best of my knowledge. I aclcnowl hat any false or misIedng inforination wilt constitm grounds for dmid of the application for the license or if the li is i$$usd in reliance on information in this affidavit whrch is fdse or msleading, then such infomanon wdl constimr grounds for revocation of the license $0 issued, APPLICANT'S SIGNATURE: u& Au DATE: y/*k APPUCm'S NAME; (Please Print) . , pfiym ?!RUG -HEALS& A8c,,3=9 w+$- GI *zoy,&fi~~/~ %G; OFFICIALS : mA_lf, COMPEED FORM TO: (APPLICANT'S iW4ILING ADDRESS TOT1 NW 1 '95 11:44 619 471 6142 PRGE March 22,1995 Crry OF Escom1Do antmmXDwA7 Depment: of AlcohoIic Bcvtrage Control OfYiCc of rhc l.xrcctar 3810 Rosin Cmxq hire 150 Sacrauienr0,cA 95834 RE: Delegation of Local kern Authority Lsdm and Gentlemen: In rcsponx: to your Lcrrcr of MA% 8,1995, thc Chy of Esrxmdido hmby dwignatespoLicc as MichaclP. stein m rnake dererrmnan - 'onsofpubiic convenience ami n~tssky in dation to &e granting o€ off-sale liqucff licenses. Chief Skin CaR bc reached at she following address: Michael P. Stcin. Chief of Polict City of Esco 700 West hd Avenue Esconctido, CA 92025 61 9-74 14-706 FAX: 619-432-8921 --. . - . -- TUTR kk3 e. .- e----- --- . .- . _._ - D -- ..- --___ .___ -..-I%* .,l._*U --a- .I.C.IOCU ..-__. r.,, I, I ,, ,... 1- EXHIBIT A f w0 @ San Diego County Sheriffs Department Post office Box 42W 9 San Diego. CaIifbmfa 92142-9000 Wlh 8. Kdender, Shed John M- hwa, Undeml h Ic * - . ."- July 18,1995 /, .J 7 X '7 , ' f4 i / 1 ; a& ; 5 ;.:'*- JX.3 Diskkt Administrator \, :: ' Gene Barnes Alcoholic Beverage Control 1350 Front Street San Diego, CA 92101 y:. - . - ' - .b ,, 8 1 ->- Y ,x Room 5056 ._ --.."-.*. Dear Mr. Barnes; The $an Diego Sheriffs Department wihdraw's it's protest agahst the issuance of an OR-Salc Gend license to Payless Drug Stores Northwest, Inc., for the business Paykss Dnrg Store No 4190, located at 2516 JatzEacha Road, in El Cajon. Thk withdrawal is based upon agreement by thl applicant to conditions placed on the license by the Alcohdk Beverage controlA Sincerely, WILLIAM B. KOLENDER, SHERIFF 7. pd7 e JdA William P. Sullivan, Lieutenant Special Investigations Division WPS/spm PRGE . E NOU 1 '95 13:16 . ~ -----_ -, 2. ucENsETyPE: Intercountv Transfe.r Tv~e 21 - off sale Ge 3. TYPE OF BUSINESS (ie. BZX, ~to=e, GS Stdim, e&)!- CRIME REpoRT3[NG DEm[cT ,j, 36-03 WWER OF LICENSES &&OWED 8 NLTMBERLrnrnG 11 **FOLLOWING INFOFNATION N(JI' AVAILABLE XlISTRICT AvXl2AGE xEO%= = BIIGB CFt.BII3 (20% ova CmaS IN THIS REPORTIYG DETRXCT The above premises axe located in an ma which haj an over cmcenmtion of dcoholic beverage Licenses mdor a higher than avwe Crime rate as &hed Section 23958.4 of the Busi~les~ md h$essklm code, 4. WILL PUBLIC CQB-TCE OR NECS~ BE SERm BY ESuM THIS ALCOIBOLIC BBrnMGE HrnSZ? ci\s-JYEs [ ]NO - C.rn-QI SS3A3, SG I. Fa.< w.o%-.2zs qul-4Qqy. Name of City/Cour& Officid (Please Print) CAK Pbone Number of City/cOunty OfEici L5Z-P s/y/scs: Signamre of CityrCounty Offtial Date Under &e penalty of perjury. 1 declare the infem&Qn in di~ &&d is uw to & be~t of my knC~I&,e. 1 ~CUV' any MSC or misleading informadon will coastiture pun& for derdd rdk &&on for The 1- of if& ficC: of the license sa issued. tcIizmce mi inhnarion in thh affid;t~ii which is bise or misl~~g~ thea such infodoll mi coastimte pd AP??LIC&VS SIGNA-: DATE:,- APPLIC&WS NAirn: (Please Print) OFFICLALS MAIL COMPLEm FORMTO:_ oq?+- of ARfl 1350 Front Street, pm. 5056 San Diego, CA 92101 (APPWCANT'S MAarnG mD=) P* pa i NOU 1 '95 13:16 e PFlGE. 0 .I 0: _, .I , ;'<, * -. ..) y I .N -- __-.___ --- - - _. -__ _-___. ---- ___ -- - - ------- -- -__ -.____ , 0 '. 1 ius- CENSUS TRACT 178.05 5431 Avenida Encinas Suit-€? E Car 1 sbad 92008 3701 20$-231603 BEER AND WINE LICEP: HARDIN, Lori J.; NARDONE, Salvatore M. .- 178.05 CENSUS TRACT 178.05 m-"Ri Carlsbad 9-2008 F" E; - T0at-e 3701 21-223737 OFF-SALE GEl LIQUOR MLPHS GROCERY COMPANY _- CENSUS TRACT 178.05 HwY 101, s. Carlsbad State Beach Campgrourlds Carlsbad, 92008 3701 20- -T.'zJl,'5 BEER AND WINE LICENSE MANGANELLI, Joseph L. & Karen M.; MANGANELLI, Louise CENSUS TRACT 178.05 665 Falomar Airport Road Car:sl-,ad, @?nn ,&VU7 3701 20-304180 BEER AND WINE LICENSE CONGER, Becky M. & Mark A- y/do & ow/tdfl&7- p&&!bQ4 909099 pL$lhA, &t. CENSUS TRACT /7E (35 d~-~~~~ob/ BEER AND WINE 1