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DETERMINATION OF CONVENIENCE OR NECESSITY FOR <br />ALCOHOLIC BEVERAGE PREMISES <br />Purpose <br />K-7 <br />This Policy establishes the review authority and criteria for considering a request for a <br />determination of public convenience or necessity in granting, upgrading, or transferring <br />a retail alcohol sales license, so as to ensure and promote the community's health, safety, <br />and general welfare. <br />Background <br />California Business and Professions Code Section 23958.4, or any successor statute, <br />requires the City of Newport Beach under certain conditions to make a determination <br />regarding the public convenience or necessity prior to the granting, upgrading, or <br />transferring of retail alcohol sales licenses (ABC license types 20, 21, 42, 48 and 61). This <br />determination is required when the premise is located in any one of the following: <br />A. The premise is located in a Police Department crime reporting district that <br />has a twenty percent (20%) greater number of reported crimes than the <br />average number of reported crimes as determined from all crime reporting <br />districts within the City. <br />B. For on -sale retail alcohol sales license applications, the ratio of on -sale retail <br />licenses to population in the census tract or census division in which the <br />premise is located exceeds the ratio of on -sale retail alcohol sales licenses to <br />population in Orange County. <br />C. For off -sale retail alcohol sales license applications, the ratio of off -sale retail <br />alcohol sales licenses to population in the census tract or census division in <br />which the premise is located exceeds the ratio of off -sale retail alcohol sales <br />licenses to population in Orange County. <br />Determination Authority <br />The Chief of Police or his/her designee is authorized to make a determination of public <br />convenience or necessity for the sale of alcoholic beverages. It shall be the responsibility <br />of the applicant for the premise to demonstrate that a determination of public <br />convenience or necessity is consistent with this Policy. <br />The provisions of this Policy shall not apply to transfers that are the result of the death <br />or incapacity of the licensee, any order of a court of competent jurisdiction, or the <br />operation of law. <br />