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K-7 <br /> <br /> 1 <br />DETERMINATION OF CONVENIENCE AND NECESSITY FOR <br />ALCOHOLIC BEVERAGE OUTLETS <br /> <br />PURPOSE <br /> <br />This Policy grants to the Police Department the authority to make determinations of <br />convenience and necessity for the sale of alcoholic beverages, and provides criteria fo r <br />situations when the public convenience and necessity will not be served by granting <br />additional retail licenses for the sale of alcoholic beverages. <br /> <br />BACKGROUND <br /> <br />The Business and Professions Code of the State of California, Section 23958.4 permits <br />the City of Newport Beach under certain conditions to make a determination regarding <br />the public convenience or necessity of granting or transferring retail licenses for the sale <br />of alcoholic beverages. <br /> <br />Pursuant to this law, such determination by the City will be required by the State <br />Department of Alcoholic Beverage Control before approving any new or upgraded <br />license or premises-to-premises transfer of an existing license when the establishment <br />is located in either one of the following: <br /> <br />A. A census tract wherein the ratio of liquor licenses to population exceeds the <br />average ratio of Orange County. <br /> <br />B. When an establishment is located in a Newport Beach Police reporting district <br />where crime exceeds the average of all reporting districts by 20% or more. If an <br />applicant establishment for an off-sale beer and wine license is located within 100 <br />feet of an adjacent Newport Beach reporting district, the crime rate of the <br />adjacent reporting district may be considered when making this determination. <br /> <br />DEFINITIONS <br /> <br />Bars and Cocktail Lounges. Establishments with the principal purpose to sell or serve <br />alcoholic beverages for consumption on the premises or any establishment having any <br />of the following characteristics: <br /> <br />A. Is licensed as a “public premises” by the Department of Alcoholic Beverage <br />Control, or <br />