HomeMy WebLinkAboutResolution No. 07-C076RESOLUTION NO. 07-C76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
DELEGATING TO THE PLANNING COMMISSION THE RESPONSIBILITY TO
DETERMINE IF PUBLIC CONVENIENCE OR NECESSITY WILL WARRANT
THE ISSUANCE OF A LIQUOR LICENSE NOTWITHSTANDING A
DETERMINATION BY THE STATE DEPARTMENT OF ALCOHOLIC
BEVERAGE CONTROL THAT THERE IS AN UNDUE CONCENTRATION OF
LICENSES.
WHEREAS, Section 23958.4 of the Business and Professions Code has defined "undue
concentration" of licenses and has established the procedure for determining if public convenience or
necessity will warrant the issuance of a license notwithstanding a determination that there is an
undue concentration of licenses; and
WHEREAS, Section 23958.4 of the Business and Professions Code states that, with respect
to certain retail licenses, the determination of whether or not public convenience or necessity is met
will be determined by the local governing body of the appropriate city or county; and
WHEREAS, the State Department of Alcoholic Beverage Control has also determined that
the local governing body may elect to delegate the duties of determining whether or not public
convenience or necessity are met to a subordinate agency such as a zoning, planning or law
enforcement official if desired; and
WHEREAS, the City Council of the City of Azusa has held a public meeting on September 4,
2007, with respect to the matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1: That the City Council shall delegate the responsibility to determine whether or
not public convenience or necessity are met to the Review Authority as identified in the
Development Code Section 88.51.040.
SECTION 2: The City Clerk shall certify to the adoption of this resolution.
ADOPTED AND APPROVED the 4h day of September, 2007.
JOSEPH R. ROCHA, MAYOR
Resolution No. 07-C76
September 4, 2007
Public Convenience or Necessity
Page 2 of 2
I HEREBY CERTIFY that the foregoing resolution No. 07-C76, was duly adopted by the
City Council of the City of Azusa at a regular meeting thereof, held on the 4`h day of September,
2007 by the following vote. of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
l Z
Vera Mendoza,
City Clerk
APPROVED AS TO FORM:
City Attorney