HomeMy WebLinkAbout(1997, 02/24) - K-7 - AmendedK -7
DETERMINATION OF CONVENIENCE AND NECESSITY FOR
ALCOHOLIC BEVERAGE OUTLETS
PURPOSE
This Policy grants to the Police Department the authority to make
determinations of convenience and necessity for the sale of alcoholic beverages,
and provides criteria for situations when the public convenience and necessity
will not be served by granting additional retail licenses for the sale of alcoholic
beverages
BACKGROUND
The Business and Professions Code of the State of California, Section 23958.4
permitsthe City of Newport Beach under certain conditions to make a
determination regarding the public convenience or necessity of granting or
transferring retail licenses for the sale of alcoholic beverages.
Pursuant to this law, such determination by the City will be required by the
State Department of Alcoholic Beverage Control before approving any new or
upgraded license or premises -to- premises transfer of an existing license when
the establishment is located in either one of the following:
1. A census tract wherein the ratio of liquor licenses to population exceeds
the average ratio of Orange County.
2. When an establishment is located in a Newport Beach Police reporting
district where crime exceeds the average of all reporting districts by 20%
or more.
DEFINITIONS
Bars and Cocktail Lounges. Establishments with the principal purpose to sell or
serve alcoholic beverages for consumption on the premises or any establishment
having any of the following characteristics:
1. Is licensed as a "public premises" by the Department of Alcoholic
Beverage Control, or
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2. Provides an area for serving alcoholic beverages that is operated
during hours not corresponding to regular meal service hours.
Food products soldor served incidentally to the sale or service of
alcoholic beverages shall not be deemed as constituting regular
meal service.
Cabarets and nightclubs. Establishments with the principal purpose of providing
live entertainment and /or dancing occupying more than 20 percent of the net
public area in conjunction with the serving of food and /or beverages.
POLICY
It is the policy of the City Council that the public convenience and necessity will
not be served by the approval of any new or upgraded license or the premises -
to- premises transfer of any license for bars and cocktail lounges or cabarets and
nightclubs in a location that meets the following criteria.
1. The location is within an area where the number of crimes is at least 75%
higher than the average of all reporting districts in the City; and
2. The location is within 200 feet of a property in residential use. •
The provisions of this Policy shall not prevent the Chief of Police from making a
determination of public convenience and necessity in the case of a premises to
premises transfer of any license from (1) a location within an area where the
number of crimes is at least 75% higher than the average of all reporting
districts to an area where the number of crimes is less than 75% higher than the
average of all reporting districts; or (2) a location within 200 feet of a property in
residential use to a location more than 200 feet from a property in residential
use. The provisions of this policy shall not apply to transfers that are the result
or the death or incapacity or the licensee, any order of a court of competent
jurisdiction, or the operation of law.
The City Council designates the Chief of Police or his /her designee to make such
determination in all other cases.
The Chief of Police shall notify the applicant of his /her determination within
forty-five (45) days of receiving notice of an application for licensure. Any
applicant not satisfied with the determination of the Chief of Police may appeal
to the City Council by filing a written appeal with the City Clerk within
fourteen (14) days. The City Council shall render its decision within thirty (30) •
days after the filing of an appeal.
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The Chief of Police or his /her designee shall transmit the City's determination to
the Department of Alcoholic Beverage Control within ninety (90) days of
receiving notice of an application for licensure.
The Planning Department shall assist the Police Department in maintaining the
census tract and reporting district statistics required to make such determination.
Further, the Planning and Building Departments shall, prior to issuing any
Planning or Building permit for the construction, remodeling or operation of a
bar, cocktail lounge, cabaret, nightclub or retail business engaging in the sale of
alcoholic beverages, first obtain a determination of convenience and necessity
from the Police Department, if it is required.
The Administrative Services Department shall, prior to issuing any Business
License for the operation of a bar, theater/ nightclub or retail business engaging
in the sale of alcoholic beverages, ensure that the applicant has obtained a
determination of convenience and necessity from the Police Department
consistent with the provisions of this policy and State law.
The City Clerk shall insure that this Policy, as amended, is transmitted to the
appropriate official in the Department of Alcoholic Beverage Control as the
notification of delegation of authority to make a determination of convenience
and necessity pursuant to the California Business and Professions Code.
Adopted - May 8,1995
Amended - February 24,1997
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