HomeMy WebLinkAbout(2002, 04/23) - K-7 - AmendedL
DETERMINATION OF CONVENIENCE AND NECESSITY FOR
ALCOHOLIC BEVERAGE OUTLETS
PURPOSE
iI
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 permits
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 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:
A. A census tract wherein the ratio of liquor licenses to population exceeds the
average ratio of Orange County.
B. 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. If an
applicant establishment for an off -sale beer and wine license is located within 100
feet of an adjacent Newport Beach reporting district, the crime rate of the
adjacent reporting district may be considered when making this determination.
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:
A. Is licensed as a "public premises" by the Department of Alcoholic Beverage
Control, or
1
K -7 •
B. Provides an area for serving alcoholic beverages that is operated during hours not
corresponding to regular meal service hours. Food products sold or 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.
Alcholic Beveral Outlet, On -Sale. "On -sale alcoholic beverage outlet" means any
establishment wherein alcoholic beverages are sold, served, or given away for
consumption on the premises and which is applying for or has obtained an ABC license
type 40, 41, 42, 47, 48, 51, 61, 63 and /or 75.
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. •
A. 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
B. 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 of 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.
2 •
K -7
The Chief of Police shall notify the Department of Alcoholic Beverage and Control and
applicant of his /her determination within the time period specified by the Business and
Professions Code. 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.
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
Amended - April 23, 2002
3