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K -7 <br />DETERMINATION OF CONVENIENCE AND NECESSITY FOR <br />ALCOHOLIC BEVERAGE OUTLETS <br />PURPOSE <br />This Policy grants to the Police Department the authority to make <br />determinations of convenience and necessity for the sale of alcoholic beverages, <br />and provides criteria for situations when the public convenience and necessity <br />will not be served by granting additional retail licenses for the sale of alcoholic <br />beverages <br />BACKGROUND <br />The Business and Professions Code of the State of California, Section 23958.4 <br />permitsthe City of Newport Beach under certain conditions to make a <br />determination regarding the public convenience or necessity of granting or <br />transferring retail licenses for the sale of alcoholic beverages. <br />Pursuant to this law, such determination by the City will be required by the <br />State Department of Alcoholic Beverage Control before approving any new or <br />upgraded license or premises -to- premises transfer of an existing license when <br />the establishment is located in either one of the following: <br />1. A census tract wherein the ratio of liquor licenses to population exceeds <br />the average ratio of Orange County. <br />2. When an establishment is located in a Newport Beach Police reporting <br />district where crime exceeds the average of all reporting districts by 20% <br />or more. <br />DEFINITIONS <br />Bars and Cocktail Lounges. Establishments with the principal purpose to sell or <br />serve alcoholic beverages for consumption on the premises or any establishment <br />having any of the following characteristics: <br />1. Is licensed as a "public premises" by the Department of Alcoholic <br />Beverage Control, or