The URL can be used to link to this page

Home My WebLink About2000-01-18; City Council; 15583; Appeal For Type 20 Liquor License ChevronI’ CITY OF CARLSBAD - AGENDA BILL AE# /. 523 TITLE: APPEAL OF POLICE DEPARTMENT MTG. /!/r+ b DENIAL FOR A TYPE 20 LIQUOR DEPT. POL LICENSE BY CHEVRON, INC. i 0 ID 31 =-% CITY ATTY. ’ CITY IVIGR- RECOMMENDED ACTION: That City Council adopt Resolution No. 206c-Jcl denying the appeal of Chevron, Inc., regarding the Carlsbad Police Department’s Denial of Determination of Public Convenience or Necessity for a Type 20 license for the Chevron Station at 970 Tamarack Avenue, Carlsbad. ITEM EXPLANATION: Council Resolution No. 95-86 gives an applicant the right to appeal the Police Department’s determination to deny an application for an alcoholic beverage license based on lack of public convenience or necessity, when the State Department of Alcohol Beverage Control has determined that there is an over-concentration of licenses. Chevron, Inc. applied for a Type 20 off-site sale beer and wine license to the State Department of Alcohol Beverage Control for the Chevron Station located at 970 Tamarack Avenue, Carlsbad, California. Per state regulation, the Police Department was notified of the application and advised of the following information: 1. The Chevron Station in question is located within census tract 178.83 which permits five off-sale licenses. 2. Five off-sale licenses have already been issued within this census tract. 3. Per the Business and Professions Code Section 23958.4, the city (and by delegation in Council Resolution No. 95-86, the Police Department, subject to appeal to Council) has the right to finally approve or deny the issuance of the license because of an over-concentration of this type of license in this census tract, based on lack of public convenience or necessity. The Chevron Station is bounded on the east by St. Patrick’s Church and on the north by St. Patrick’s School, with the First Baptist Church and pre-school just north of St. Patrick’s School. All of these parties were very much opposed to the issuance of this license. Detective Patrick Preston conducted a survey of local businesses and residents to seek their input. He contacted 13 residents/businesses within close proximity of the proposed site and found 10 of the 13 to be opposed (see Exhibit 2). According to some of those interviewed, there is already an existing problem of transients loitering in the area, and they feel that allowing the purchase of alcohol at the Chevron Station would only serve to encourage the transients to loiter closer to the schools and churches. - 1’ Page 2 of Agenda Bill ho. /?5$3 Given this information, the Police Department denied the license on the basis that there are already the allowable number of licenses within the tract, and three of these off-sale facilities are located directly across Tamarack Avenue from the Chevron Station. The Police Department could see no beneficial purpose to the community, and the appellant has provided no information or other competent evidence that public convenience or necessity will be served by issuance of the license. FISCAL IMPACT: Denial of the appeal would result in the possible loss of sales tax from the proposed sale of beer and wine. Granting the appeal and approving the permit could result in greater police resources being expended in this area. Denial of project is exempt from CEQA. No determination has been made whether there would be environmental effects if the license were granted. ABC is the lead agency, the City would be a “responsible agency” if approval were considered. 1. Council Resolution No. $O,VO -J(/ 2. Letter from ABC Investigator Sabin 3. Results of survey conducted by Detective Patrick Preston 4. Council Resolution No. 95-86 5. Letter from Solomon I Sdtsman & Jamieson asking for continuation. : 6 8 16 17 18 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. 2000-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF CHEVRON, INC. FOR A TYPE 20 LICENSE n Inc. has applied to the State of California Department of Alcohol for a Type 20 off-sale beer and wine license for their station at 970 within tract 178.83; and WHEREAS, ABC ment reviewed the application and determined that per WHEREAS, at the meeting of December 7, 1999, the matter was continued at the r uest of the appellant, and \ WHEREAS, Resolution No. 99-512 was signed in error and is hereby repealed. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: II 1. That the above recitations are true and correct. 2. That the appeal is denied based on lack of public convenience or necessity. 6 8 16 18 23 24 25 26 27 of the City’s action herein by forwarding cution by the Mayor. ferred back to the ABC pursuant to Section ular meeting of the Carlsbad City Council held on , 2000, by the following vote, to wit: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) . ’ , : - . . * CALlFORNll From the Desk of James M. Sabins Investigator II Carlsbad Police Dept. Det. Pat Preston - Investigations Div. 2560 Orion Way Carlsbad, Ca. 92008 Department of Alcoholic Beverage Control 334 Via Vera Cruz, Ste. 204 San Marcos, CA. 92069 (760) 471-9702 Date: 9-l-99 Re: New type 20 Off Sale beer & wine license at Chevron Stations, Inc., 970 Tamarack Rd. Carlsbad, Ca. 92008 Dear Det. Preston, Applicant plans to sell beer and wine off sale to its patrons in a convenience market at the above listed Chevron gas station; Refer to ABC-253 & ABC-257 diagrams attached. Premises is located in census tract 178.03, which permits 5 off sale licenses and 5 now exist. If this license were to issue, the census tract would be over-concentrated with ABC off sale licenses. Premises is located in Beat # 43, which is low in crime per Sect. 23958.4; stats attached. Sect. 23958.4 B&P applies because of the over-concentration of ABC licenses. I feel that conditions are necessary if we approve the license, since Sect. 23958.4 B&P applies. After we draft appropriate conditions, Carlsbad P.D. can decide whether or not to approve the “Public Convenience or Necessity” per Sect. 23958.4; form attached. Please review this matter, and determine whether or not Carlsbad Police Dept. plans to protest the license. The application was taken on 8-24-99. Carlsbad Police Dept. has 30 days in which to protest the license from 8-24-99. Please advise me of your decision. Sincerely, - , statf; of. California D ’ APPLICATION FOR ALWHOLIC BEVERAGE LICENSE(S) ;tment of Alcoholic Beverage C ABC 21 I (6/99) -wri I TO: Department of Alcoholic Beverage Control 334 Via Vera Cruz, STE 204 San Marcos, CA 92069 File Number: 357838 Receipt Number: 1247668 Geographical Code: 3701 Copies Mailed Date: August 24, 1999 Issued Date: DISTRICT SERVING LOCATION: SAN MARCO6 First Owner: CHEVRON STATIONS INC Name of Business: CHEVRON STATION #93320 Location of Business: 970 TAMARACK RD CARLSBAD, CA 92009 County: SAN DIEGO Is premise inside city limits? Yes Mailing Address: 660 AMERICAN AVE STE 200 (If different from KING OF PRUSSIA, PA 19406 premise address) Type of license(s): 20 Transferor’s license/name: I Dropping Partner: Yes No -- License TvDe 20 OFF-SALE BEER ANC 20 Off-SALE BEER ANK Transaction TvDe Fee Type Master DuD Date Fee ORIGINAL FEES NA Y 0 08124199 $100.00 ANNUAL FEE NA Y 0 08/24/99 $34 .oo Total $134.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? Yes Explain any “Yes” answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN DIEGO Date: August 24, 1999 Under penalty of perjury. each perscn whose signature appears below. certifies and says: (1) He is an applicant. or one of the applicants. or an executive officer of the applicant corporation. named in the foregoing application. duly authorized to make this application on its behalf: (21 that he has read the foregom; and knows the contentc rhereof and that each of the above Smtements therein made are true: (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or npplicanc’s business to be conducted under the licensetsr for which this application is made: (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfili an’ agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor: (5) that the transfer application ma) be withdrawn by either the applicant or the licenxe with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) CHEVRON STATIONS INC . Attached: ABC-211 Sig SUPPLEMENTAL DIAGRAM : STATeof- OoMlUENloC--coMRl l.RILLN#AlEUcL*ydw s.lwcoF- -FOR Chewon Stat ions, Inc. 20 zmEmEs-noN~EvPCI-~ugtqR) - *mcmnsna I 970 Tamarack&&, Carlsbad, C4 92009 Pi0 Pica Drive Thediagrambelow isa~eandconectdesaipbiondthepropenyownedorothemisecontrdledbyme/usonwhidrthelicensed~ises de&bed on Form ABC257 is located or on whkh an event for a daily lype lk6nse. catering aulhofizallon or mlsMheou use will oazur. D’AGRAM ................ -----m-w ......................... ................ mw-. . fcsz7Em’ .... .......................... ......................... ............... ............. ............ ............ .......... .......... ......... . ........ ........ ........ .................... POST A COPY OF DIAGRAM Phaw read carefully and sign below. itishacbydecluedchat~rbove-dercribedpmpatyisownedorolhemiseconaolledby~rrditiralpeedradunderrtood IbStUWOtlly~ ~‘thcrein in which alcoholic bcvcr8gcs will be so& saved. consumed. posses& or stored is that portion fksigaued hove *or oo Fotm ABC-m as the LiCensed prcmiscs. If this is ut evctx for a daily Licerrte. cataing authoriutioa or misccllancous ure, it is tltKhudttntdeaattd consumption Of ahholic bever8gcs wilf be co&ted to ut m dcsim in tbc di8gmm 8nd tupavixd to preveal viohtioas of the Alcoholii BcvuagcConrrol Act. Itic&rouo&rpaukyofpcrjauythattbcforqoingistntcand wrrcct. aom Chevron Stations Inc. P-12 El Monte #$O-20& .’ 20 ~~A9b#ss~bsIma~.zp) 4.Nmwcma8smel ,970 Tamarack&L Carlsbad, CA 92009 Pio Pica Drive b dirprun blow ir a true ad correct description of the efttrmces, 8x& interior wrllr and eztefior boundaries of lb premises ta be hued, D,AGRAM . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._..__.._............-................-...._.......................... _...............................,._............_...................... . . .._...................................._............................ . . .._.~......................................_......................... ................................. .......... :: .................... ................................. i. .g.. y+.q .................................. ............... .... .................................. ...................................................................... . . . _ . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . .._. . . . . A’ . . . . . . --.t . .a . . .4 % . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . ,. _ _ . . ..-.. . . . . . . . . 1 . . . . . f . . . . . . . . . . . . . . . . . . f . I?!3 . . z$l . . . . . . . . . . . . % . . . _ . . . . . . - . . . . .j . . . . . _ . . _ . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... l ‘!’ * * - . . . .I. ..... , ....... ...................................................................... ...................................................................... . . . ..-.................................................-......-.-..-.. . .._..... - . . . - . . . . . . . . . . . . . . e . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . ..................................................................... .................................................................... ...................................................................... . . . . . . . . ..-.......-........-...........-........--.~......-........... PIeme iead carefully and sign below. II is hereby akclared ahat the abov~-&scribcd boun&ries, erwance.s and planned operation as indicated on the reverse side, will noi be changed withdur first norifiing and securing prio; &tIen approval of rhe Lkportmetu of Alcoholic Beverage Control. I declare under penalty of perjury To: Captain Metcalf From: Detective Preston Re: Chevron Stations Inc. 10-01-99 As a result of the appeal that Chevron has filed with the City Council, I have been in contact with the following listed individuals regarding the issuance of the type 20 license (off-sale) to the establishment. Thirteen of the sixteen contacts were opposed to the issuance of the license for the Chevron Station located at 970 Tamarack Avenue, Carlsbad, California. Ronald Estes Opposed 3725 Adams Street, Carlsbad, California (Did want to be identified) Adams Street, Carlsbad, California Not opposed Carl Schmidt Deborah Schmidt 3880 Adams Street, Carlsbad, California Opposed Opposed Michael Doak Eileen Doak Not opposed Opposed 3890 Adams Street, Carlsbad, California Vincent Eguiguren 3910 Adams Street, Carlsbad, California Opposed Kimberly Macpherson 3920 Adams Street, Carlsbad, California Opposed St. Patrick’s Church Father Steven McCall 3821 Adams Street, Carlsbad, California Opposed John Hook Opposed 1125 Larkspur Lane, Carlsbad, California Village Pie Shop Annette Bradley/Manager 950 Tamarack Avenue, Carlsbad, California Not Opposed Jay Kueny Barbara Kueny 1130 Tamarack Avenue, Carlsbad, California Opposed Opposed 1 I - . . . - First Baptist Church Cyndi Jarvie/Administrator 3780 Pio Pica Drive, Carlsbad, California Christian Pre-School Joann Anaya/Administrator 3780 Pio Pica Drive, Carlsbad, California St. Patrick’s School Jean Panno/Principal 3820 Pio Pica Drive, Carlsbad, California Opposed Opposed Opposed P. Preston #5 182 Carlsbad Police Department 10-01-99 * . . I . . ’ g-l&j-99; 2:201-M: - :619 434.3367 I 2,’ 5 . P 9 4 % 2 W“ OF CARLSBAD - AGEPA BILL ~~~~CITY'SAUTHORITYTODBTRRHIN. YTc3. iJk PuRLIcCCNvEHIRNcEARDNRCESSITY FOR ALCOHOLIC BRVRRAGB LICENSING IEm. d 0 // DEPT. HD. CrrvArnW BECOMJUENDED ACTIONi Adopt Resolution No. w delegating the City Council's authority to determine publio convenienoe arad neoessity for certain alcoholic beverage licensing to the Police Department. B EXPLA??ATIO~ The State Legislature eMtied Business and Professions Code section 23958.4, effective January 1, 1995, authorizing, in part, the City to deterrine whether an application for aliguor to go" businesses, bars and public premises should be approved based on public convenience and necessity notwithstanding a determination that there is an undue concentration of liguor licenses in the area. Once the Department of Alcoholic Beverage Control (ABC) has made a determination that there is an undue concentration of alcohol beverage licenses in an area, the applioation will be forwarded to the City for the City's determination of public convenience or necessity. If the determination is negative, ABC RR& deny the lioense. Several factors for the city to consider in making a determination include incidenoe of crime in neighborhood aud ratio of off-sale' licenses to population in the area. The.City Council is authorized to delegate its authority to determine public convenience and necessity to City board, anploy-, or department. The Department of, Alcoholic Beverage Control is reguesting notification of any delegation by April 8, 1995. The proposed resolution delegates the authority to the Police Department. Th& Police Department has the ability and the resources to best determine incidence of crime and the effeat of an undue concentration of liquor stores and/or bars. Upon del&atiOn, the Police Department will make d determination of whether the application for a license meets public convenience and messity. The applioant will be notified in writing of the detemination and will be afforded the opportunity to appeal to the City Council within 10 days of written nothe. Upon final determination, the applicant and ABC will be notified of the approval or denial. Thereafter, the ARC will be bound by the City's determination of public convenience and necessity, subject to certain other factors, if the City's determination is positive. CALIMPACT The City currently does not make a determination for alcoholic licenses. The fiscal impact is unknown at this time. * . . 9 * 9-r6-99: 2:ZOPM: - :l319 4348367 * 4/ 18 19 20 ‘21 22 23 24 28 26 27 28 RESOLUTION NO. 95-86 A RESOLUTION 01 'I!NE CITY COUNCIL OF THE CITY CABLS-, CALIPOLZISIA, DELEGATING TBE CITY'8 ADTJiORITYTDDBT~Ngl?UBX3CCO~IBHCEAND NECESSITY POR AtcoHoLIC B EVERAGE LICENSING WHEREAS, the Stat* Legislature in 1994, enacted Business and Professions bde smction 33958.4, authorizing th@ city to determine whether an alcoholic beverage application meets public convenience aad necessity notwithstanding a determination of an undue concentration of licenses, and WHEREAS, .th8 City Council nay &legate the duties of. dqtermination to a board, individual, or department; and WHEREAS, the,determination of'whether an application meets publics convenience and necmmity is baaed on, among other things, crime rtatietics and the ratio of licenses to population in the area'; and WHEREAS, the City Council find8 that the Police Department has the ability and resources to deterabe inciUence of crime and the effect of undue con+ntration of liquor &ore8 end/or bars. NOW, THEBEFORE, BE IT R.WOLvEo by the city council of . the City of Carlsbad, California, as follows: 1. That the above recitation8 are true and correct. 2. That th0 Police DepaHment is authorized to determine whether an appliCatiOh for a alcoholia beVW?age license should be approved based on public convenience and necessity notwithstanding a determination thetthers is an undue conqtntration of licenses. The Police Dep artment shall provide ABC and the Applicant with written Notice of Determination. - . ‘, . ‘g- ,r&-99: 2 :2oPM; - :6rs 4348367 * 5i 5 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 li 18 19 .20 21 22 23 24 28 26 . 27 28 3. That Applicant may appeal the Pollee Departaent'o deterdpation to the City Coundl by filing a written appeal with the City Clerk within 10 day8 of nailing of notico. 4. That the City Council will mend Applicant and Department of Alcoholic Beverage and Control Notice of the City Council final detuPinmtion. 5. Taat Depmrtmenf of Al~olic Beverage end Control will be bound by the City's decfmion in those cases au+horized by Buminemm and Profesmfonm Coda mection 23958.4. PAsSEDI APPROVED, AND ADOPTED at a Regular Meeting of the city council of the City of Cmrlmbmd, California, on the 4th aayof 4IPRLL , 1995, by the following vote, to wit: AYES: Council Members Lewis, EIygaard, MC&I, Pin&lo, 3all NOES: None ABSENT: ?&me ATTEST: 2 , ‘g-,~~-gg: ‘:zoPM: . . :619 43+b567 (c 3; 5 Page 2 Resolution No. q5-& A letter to the city Council rr0p the Department 3. of Alcoholic Beverage COn+rol dated Narcb 8, 1995. Business and PtOfeSSiOnS Code section 23958.4. ,,Jan-18-00 03:6SP SOCOMoN,SALTSMAN&3nIESON 31O&f!23512 P-01 LAW OFFICES OF SOLOMON, YALTSMAN & JAMIEXCIN A I’mnusLip Iwludlnl: Pmtcslonsl Cwpur;lhw 426 CULVER BOULEVARD PLAYA OEL REV, Cn 90283 (310) 022-SMB EXHIBTT 5 FAX (310) 822.3512 ,. Junuary I8,2OOfl BY FACSIMILE 760 931-8d73 Captain Mctcnll’ lhisbad Yolicc D~qxmnent 2560 Orion Way C’arMwl. CA 120011 I R4X Chevrorl Stdon on Tamarack in the City of wb~ui Dear Cqrrin Metcalf: Pursuant lo our tiscwion. WC are questing 811 e.Henaion oi’ule hearing on wlmdar for twight. January I8.2000. It is my undemanding lhat WC will lx granted this extension nn~ neither Hod Lucia I-NW myself riced to z~par PI the City Council meeting ton@. We are rcquwing that the hexinn be co~~inwl IO tic place on Ih-uary I, 2000, or Pebtuq 8, 2000. Thank you Ibr your assistance with this mm. If you have any qucsliws, please k-cl he to call. /I AN & JAMIESON d_I_ _ .-- -. .-.. .-...11.._..e.. . . . . . .,- I ‘d ELVE lE6 091 ‘ON XVI NI~V mod uv8swe Hd us 3n3 ~O-BI-NVT ‘al,-00 12:41P SOLOMQN,SALTSMAN&JAMIESON 3108223512 ,’ LAW OFFICES OF YOk,OMON. SALTSMAN & JAMlESON A Rnncrrhip lncludiig l%dcsriold Corporations 426 CULVER BOULEVARD PIAVA ML REY, CA 90293 (3iO) 822-9848 Fti (3i 0) 822-3512 February 1,200O VIA FACSIMII,lC 760 434-8367 Ron Ball City Attorney 1200 CaTlsbad Village Drive Carlsbad, CA 92008 RC Chevrun Station. Inc.. 970 Ttimvcwzk Road. Carlsbad, Californisr Appeal te he heard ut City Council Meeting set for February 1,2000 Dear Mr. Ball: S Per our k&phone discussion this morning, please consider this a formal request by Chevron to withdraw the pending q@ication/;dppe4 without prejudice. It is our dcsirc to furth& address and reconsider the demographics in this census tract without unnecessarily burdening the city until that analysis is completed. This withdrawal without prcjudicc would allow Chevron to pursue this matter de now if’, at such time in the future, Chevron determines that it can meet the requirements of the demographics ol‘this area of Carlsbad. We greatly appreciate your cooperation. Based on the foregoing, we will.not appear at tonight’s hearing. Tf Tar any reason thcrc is any diiliculty, we would rcspecr~ully request that the matter be continued to the next meeh-q so we can address whatever issue has arisen. We believe that this withdrawal will be the most beneficial resolution tit this time for both Chevron, as wycll as [he City of Carl&ad. SWS:cb cc: Rod I.ucio