HomeMy WebLinkAbout97-42RESOLUTION NO. 97-42
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO DETERMINE
PUBLIC CONVENIENCE OR NECESSITY WHEREA FINDING OF UNDUE CONCENTRATION
HAS BEEN MADE BY THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
WHEREAS, California Business and Professions Code Sections 23958 and 23958.4 require
issuance of all off-sale liquor licenses and certain on-sale liquor licenses, to include a determination by
the local governing body that public convenience or necessity will be served by issuance of a license,
where the Department of Alcoholic Beverage Control has found that there is an undue concentration of
such licenses, based upon county-wide averages, in the census tract in which the proposed license
would be located; and
WHEREAS, the City Council, as the local governing body of the City of Ukiah, finds the
appropriate expertise for determining such convenience and necessity lies within the City's Public Safety
Department; and
WHEREAS, the City Council desires to place the required authority for such determinations within
the Police Department to insure the most efficient and effective local review and consideration of
Alcoholic Beverage Control licenses.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah
hereby authorizes the City of Ukiah Director of Public Safety to determine whether public convenience
or necessity will be served by the issuance of an on-sale or off-sale liquor license where the Department
of Alcoholic Beverage Control has found that there is an undue concentration of such licenses and to
prepare the necessary and appropriate documentation in accordance with State statutes. The
determination of the Director of Public Safety may be appealed to the City Council by the license
applicant or a resident of the City of Ukiah within 15 days of the date a copy of the determination,
addressed to the applicant, is deposited in the United States Postal System. Said appeal shall be in
writing to the City Clerk and shall be heard by the City Council as a regular agenda item at its next
regularly scheduled meeting not sooner than seven days from the date the appeal is received by the City
Clerk.
PASSED AND ADOPTED this 18th day of December, 1996 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ma/~e Gi~ntoli, City Clerk
mfh:resord
res9742
Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone
None ~.~
None ,
' ~heridan Malone, Ma~,..'
