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DETERMINATION OF CONVENIENCE AND NECESSITY FOR <br />K -7 <br />ALCOHOLIC BEVERAGE OUTLETS <br />128JR zy <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 />BACKGROUND <br />The Business and Professions Code of the State of California, Section 23958.4 <br />requires the 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 will be required by the State <br />Department of Alcoholic Beverage Control whenever a new license or a transfer <br />of a license is requested for any bar, theater/ nightclub or retail business engaged <br />in the selling of alcoholic beverages (as defined pursuant to Chapter 20.87 of the <br />Newport Beach Municipal Code) when such establishment is located in either <br />one of the following: <br />1. A census tract wherein the ratio of liquor licenses to population exceed <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 />POLICY <br />In compliance with Section 23958.4 of the California Business and Professions <br />Code, the City Council designates the Chief of Police or his /her designee to issue <br />such determination and to transmit it to the Department of Alcoholic Beverage <br />Control. Any applicant not satisfied with the determination of the Chief of <br />Police may appeal to the Planning Commission and thence to the City Council <br />using the procedures outlined in Section 20.85 of the Municipal Code. <br />The Planning Department shall assist the Police Department in maintaining the <br />census tract and reporting district statistics required to make such determination. <br />Further, the Planning and Building Departments shall, prior to issuing any