HomeMy WebLinkAbout(1995, 05/08) - K-7 - Adopted (Determination of Convenience and Necessity for Alcoholic Beverage Outlets)DETERMINATION OF CONVENIENCE AND NECESSITY FOR
K -7
ALCOHOLIC BEVERAGE OUTLETS
128JR zy
This Policy grants to the Police Department the authority to make
determinations of convenience and necessity for the sale of alcoholic beverages.
BACKGROUND
The Business and Professions Code of the State of California, Section 23958.4
requires the 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 will be required by the State
Department of Alcoholic Beverage Control whenever a new license or a transfer
of a license is requested for any bar, theater/ nightclub or retail business engaged
in the selling of alcoholic beverages (as defined pursuant to Chapter 20.87 of the
Newport Beach Municipal Code) when such establishment is located in either
one of the following:
1. A census tract wherein the ratio of liquor licenses to population exceed
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.
POLICY
In compliance with Section 23958.4 of the California Business and Professions
Code, the City Council designates the Chief of Police or his /her designee to issue
such determination and to transmit it to the Department of Alcoholic Beverage
Control. Any applicant not satisfied with the determination of the Chief of
Police may appeal to the Planning Commission and thence to the City Council
using the procedures outlined in Section 20.85 of the Municipal Code.
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
K -7 •
Planning or Building permit for the construction or operation of a bar,
theater/ nightclub or retail business engaging in the sale of alcoholic beverages,
first obtain a determination of convenience and necessity from the Police
Department.
The Finance 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.
The City Clerk shall insure that this Policy is transmitted to the appropriate
official in the Department of Alcoholic Beverage Control as the notification of
delegation of the authority to make a determination of convenience and
necessity pursuant to the California Business and Professions Code.
Adopted - May 8,1995
2