HomeMy WebLinkAboutMINUTES - 09191995 - D11 D. 11
THE BOARD OR SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 19, 1995, by the following vote:
AYES: Supervisors Rogers, DeSaulnier, Torlakson, Bishop
NOES: Supervisor Smith
ABSENT: None
ABSTAIN: None
SUBJECT: Process for Determining a Finding of Public Conveni-
ence and Necessity for Liquor License Applicants
The Board considered the report of V. Alexeeff, Director,
Growth Management and Economic Development Agency proposing a
process of eight procedures for determining a finding of public
convenience and necessity for liquor license applicants in the
unincorporated area of Contra Costa County.
Dennis Barry, Deputy Director, Community Development
Department, summarized the issues relative to making the required
finding of public convenience and necessity. He noted that there
are currently four applications pending: D. Kaplan (dba Bonfare
Markets) , J. Kaur and H. Singh, S. Sadruddin, and J. S. Bedi (dbp
Pacheco BP) .
Commander R. Henderson, representing Sheriff Warren Rupf on
this matter, advised that the Sheriff does not have any
objections to the issuance of licenses for the individuals or the
companies that have applied to this Board. He stated that the
Sheriff believes that the issuance of a State license providing
for the sale of alcoholic beverages is a State function and
suggested that the Board seek legislative relief to the law that
became effective January 1, 1995, assigning some of this
responsibility to county and city governing bodies. Captain
Henderson expressed the position that it is outside the expertise
of the Sheriff's Department to define public convenience and
necessity.
Supervisor Rogers advised that he could not support the
opening of new liquor stores without having the conditional use
permit requirement applied.
The following persons spoke:
Don Kaplan, representing the .California Grocers
Association and Bonfare Market, 211 Port Chicago
Highway, Bay Point; and
Alalia Del Vale, representing the County's Health
Services Department and Community Substance Abuse
Services, 597 Center Avenue, Suite 320, Martinez.
All persons desiring to speak were heard.
Supervisor Smith concurred with the position of the sheriff
that local government not be required to make this decision
relative to the issuance of a State License to sell alcoholic
beverages.
In referring to the proposed procedures, Supervisor
Torlakson expressed his support for the proposed process
presented and of his belief that the Sheriff as well as the local
community group, such as an elected or appointed municipal
advisory council, review these applications. He suggested that
the Sheriff determine to recommend approval or denial or simply
not comment based on whether there is no need to comment, and
that in this way the Sheriff's role would be relatively minor.
However, Supervisor Torlakson advised that if the local community
group or municipal advisory council and the Sheriff were not
opposed to an application, the application could be listed on the
Board's Consent Calendar for approval. He noted that if there
were opposing decisions, applications of this type would have to
be scheduled for deliberation on the Board's Agenda. He also
suggested that the applicant provide a copy of his application to
the Health Services Department.
Therefore, Supervisor Torlakson moved that the Board approve
the proposed procedureasamended to provide for the review of
the application by the Sheriff and local community group or
municipal advisory council as stated above with a courtesy copy
of the application to the Health Services Department, and the
addition of Procedure No. 9 to provide that where a conditional
land use permit is applicable, the process shall recognize that
requirement. The motion was seconded by Supervisor Rogers.
Mr. Barry requested clarification that the intent of the
motion provided for those areas where there is no municipal
advisory council, the local community group, such as the Alamo
Improvement Association or the Crockett Improvement Association,
would be the local review body for those applications within
their sphere of influence.
The Board concurred with the role of the local community
group as stated by Mr. Barry.
There being no further discussion, IT IS BY THE BOARD
ORDERED that the motion of Supervisor Torlakson as presented
above is APPROVED. (See attachment on the Process to Obtain a
Finding of Public Convenience or Necessity for Retail Liquor
Licenses in the Unincorporated Area of Contra Costa County)
IT IS FURTHER ORDERED that the Board DETERMINES a finding of
public convenience in support of the application of Bonfare
Market for the State Alcohol-Beverage Control to issue an Off-
Sale General License at 211 Port Chicago Highway, Bay Point,
California 94565.
IT IS FURTHER ORDERED that the applications of J. Kaur and
H. Singh, S. Sadruddin, and J. S. Bedi (dba Pacheco BP) are
REFERRED to Community Development staff and the Municipal
Advisory Councils for recommendation to the Board through the
process adopted this day.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of tnp
Board of Supervisors on the date shown.
ATTESTED: September 19 , 1995
PHIL BATCHELOR,clerk of the Board
of Supervisors and County Administrator
cc: Community Development
State Dept. of ABC Deputy
Sheriff-Coroner
Health Services
County Counsel
PROCESS CESS TO OBTAIN A FINDING OF PUBLIC CONVENIENCE
OR
NECESSITY FOR RETAIL LIQUOR LICENSES IN THE
UNINCORPORATED AREA OF CONTRA COSTA COUNTY
1. Community Development Department (CDD) requires an applicant
to fill out a form and pay a $50 application fee.
2. Planner checks the Zoning ordinance and General Plan, parcel
and permit history.
3 . Planner indicates whether the request is consistent/inconsis-
tent with the Zoning and General Plan and whether the appli-
cant is required to follow an additional permitting process
under the site zoning or General Plan.
4 . Applicant takes the form to the local community group, (such
as a municipal advisory council, improvement association, or
other local advisory body) for review and approval.
5. Applicant takes the form to the Sheriff and pays a fee (to be
determined by the Sheriff) and a copy to the Health Services
Department.
6. The Sheriff may recommend approval or denial, or not comment
if he has no objections.
7. The applicant's form with the relevant signatures of the
Community Development Department, Sheriff, and local
community group (municipal advisory council, improvement
association, etc. ) in support of the application is placed on
the Board of Supervisors' Consent Agenda.
If the local community group or Sheriff disagree, the appli-
cant's form is scheduled for deliberation on the Board's
Agenda.
8. The applicant's form with the Board of Supervisors finding is
submitted to the Department of Alcohol and Beverage Control
(ABC) .
9. Where a conditional land use permit is applicable, this
process shall recognize that requirement.
h
t
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION FOR RETAIL LIQUOR LICENSE
FINDING OF PUBLIC CONVENIENCE OR NECESSITY
Date: Receipt #:
Name:
DBA (if any):
Address:
Parcel #:
Telephone:
❑ On Premises ❑ Off Premises ❑ Beer & Wine ❑ All Liquor
General Plan:
Zoning:
Additional Entitlements:
Conditions Cleared:
Requirements for Additional Processing:
Finding for Clearance: ❑ Yes ❑ No
VA:dg
license.app (9/12/95)
REVIEW BY LOCAL ADVISORY BODY
❑ RECOMMEND ❑ RECOMMEND DENIAL
Date of Action:
Name of Presiding Officer:
Signature of Presiding Officer:
Comments:
SUGGESTION OF SHERIFF
❑ SUPPORT ❑ DOES NOT SUPPORT
Date: Receipt #:
Comments:
Once this has been completed, please submit to:
Clerk of the Board
County Admimistration Building
651 Pine Street, Room 106
Martinez CA 94553
RECEIVED BY CLERK OF
BOARD OF SUPERVISORS
Date: Receipt #:
Scheduled for Consent Calendar on:
VA:dg
license.app (9/12/95)
The Board of Supervisors Contra Phil BatchelorClerk of the Board
costa and
County Administration Building County Administrator
651 Pine Street, Room 106 (510)646-2371
Martinez,California 94553-1293 County
Jim Rogers,1st District
Jeff Smith,2nd District ss
Gayle Bishop,3rd District
Mark DeSaulnier,4th District
Tom Torlakson,5th District
September 28, 1995
Robert Farrar
Department of Alcohol-Beverage Control
7677 Oakport Street, Suite 1020
Oakland, CA 94621
Re : Finding of Public Convenience or Necessity: Bonfare Markets,
211 Port Chicago Highway, Bay Point, CA 94565
Dear Mr. Farrar:
On September 19, 1995, the Contra Costa County Board of
Supervisors determined a Finding of Public Convenience in support
of the application of Bonfare Market for the ABC to issue an Off-
Sale General License at the above-noted address . In reaching
this conclusion, the Board of Supervisors considered the General
Plan designation and Zoning of the site, the written comments of
the Contra Costa County Sheriff and the Bay Point Municipal
Advisory Council and the testimony of the Applicant .
If you have any questions regarding the finding, please contact
Dennis Barry, Deputy Director of Community Development at (510)
646-2091 .
Sincerely yours,
/dt7c"--- /6"�
Gayle Bishop, Chair
Contra Costa County
Board of Supervisors
cc : Donald Kaplan, Bonfare Markets
Contra
Costa
TO: BOARD OF SUPERVISORS
J County
FROM: Harvey E. Bragdon, Community Development Director and r ` °"
Warren Rupf, Sheriff-Coroner
DATE: September 19, 1995
SUBJECT: Process for Determining a Finding of Public Convenience and Necessity for Liquor License
Applicants
SPECIFIC REQUEST(S) OR RECOMM:ENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ACCEPT the process, as outlined under the Background section, when determining a finding of public
convenience and necessity for liquor license applicants in unincorporated Contra Costa County.
FISCAL IMPACT
None to the General Fund. The Community Development Department and Sheriff-Coroner will collect
nominal fees from applicants who wish to proceed with the process to determine public necessity and
convenience. These fees will offset the staff time needed to review the application.
BACKGROUND/REASONS FOR RECOMMENDATIONS
Under the Public Comments section of the September 12, 1995 Board of Supervisors agenda, some
members of the Board expressed a desire to create a streamlined and efficient approach to determine
findings of public convenience and necessity. This supplemental staff report, which describes the step-by-
step process, has been prepared for the consideration of the Board.
CONTINUED ON ATTACHMENT: _X_ YES SIGNATURE:
-------------------------------------------------------- --- —
_RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
SEE PREVIOUS DOCUMENT FOR BOARD ACTION. THIS
DOCUMENT PROVIDES BACKGROUND AS REFERENCED
IN THE BOARD ORDER.
VOTE OF SUPERVI RS
I HEREBY CERTIFY T T THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORR COPY OF AN
AYES: NOES: ACTION TAK AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES THE BOARD OF SUPERVISORS
N T DATE SHOWN.
Contact: Elizabeth Dunn (646-4076)
Community Development ATTESTED
cc: Clerk of the Board P BATCHELOR, CLERK OF THE
County Counsel BOAR F SUPERVISORS AND
Dennis Barry COUNTY INISTRATOR
Sheriff-Coroner
Dept. of Alcoh Beverage Control
BY , DEPUTY
2
PROCESS TO OBTAIN A FINDING OF PUBLIC CONVENIENCE OR
NECESSITY FOR RETAIL LIQUOR LICENSES IN UNINCORPORATED
CONTRA COSTA COUNTY
1. Community Development Department(CDD)requires applicant to fill out form and pay $50
application fee.
2. Planner checks the Zoning Ordinance and General Plan, parcel and permit history.
3. Planner indicates whether the request is consistent/inconsistent with the Zoning and General
Plan and whether the applicant is required to follow an additional permitting process under
the site zoning or General Plan.
4. Applicant takes the form to Municipal Advisory Council(MAC) or other local advisory body
for review and to obtain approval.
5. Applicant takes the form to the Sheriff and pays fee(to be determined by the Sheriff).
6. Sheriff reviews history of applicant. Comments as to whether the it can support an
application.
7. Form, with Community Development Department, MAC and Sheriff signatures, is placed on
the Board of Supervisors Consent Calendar.
8. Form, with Board of Supervisors finding, is submitted to the Department of Alcohol and
Beverage Control (ABC).
a:\ed3\indings.pcn
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LL(a)
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION FOR RETAIL LIQUOR LICENSE
FINDING OF PUBLIC CONVENIENCE OR NECESSITY
Sept. 19, 1995
Date: Receipt #:
Saleem Sadruddin
Name:
Cigarettes 4 Less
DBA (if any):
2053 Main Street, Oakley, fill 94561
Address:
037-110-026
Parcel #:
754-2039
Telephone:
❑ On Premises 15 Off Premises Y❑ Beer & Wine ❑ All Liquor
Commercial
General Plan:
Zoning: P-1
Additional Entitlements:
Conditions Cleared:
Requirements for Additional Processing:
Finding for Clearance: Yes ❑ No
VA:dg
license.app (9/12/95)
REVIEW BY LOCAL ADVISORY BODY
❑ RECOMMEND ❑ RECOMMEND DENIAL
Date of Action:
Name of Presiding Officer:
Signature of Presiding Officer:
Comments:
SUGGESTION OF SHERIFF
❑ SUPPORT ❑ DOES NOT SUPPORT
Date: Receipt #:
Comments:
Once this has been completed, please submit to:
Clerk of the Board
County Administration Building
651 Pine Street, Room 106
Martinez CA 94553
RECEIVED BY CLERK OF
BOARD OF SUPERVISORS
Date: Receipt #:
Scheduled for Consent Calendar on:
VA:dg
hcense.app (9/12;95)
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION FOR RETAIL LIQUOR LICENSE
FINDING OF PUBLIC CONVENIENCE OR NECESSITY
Date: Sept. 19, 1995 Receipt #:
Name: Jaspal Kaur and Harinder Singh
DBA (if any): Food Stop
3800 San Pablo Dam Road, El Sobrante, CA
Address:
420-150-013
Parcel #:
223-1111
Telephone:
❑ On Premises C1 Off Premises ❑ Beer & Wine Q All Liquor
General Plan: Commercial
Zoning: R-B
Additional Entitlements: DP3037-85 doesnotprohibit liquor sales -
Conditions
ales _Conditions Cleared:
Requirements for Additional Processing:
Finding for Clearance: 12 Yes ❑ No
VA:dg
license.app (9/12/95)
REVIEW BY LOCAL ADVISORY BODY
❑ RECOMMEND ❑ RECOMMEND DENIAL
Date of Action:
Name of Presiding Officer:
Signature of Presiding Officer:
Comments:
SUGGESTION OF SHERIFF
❑ SUPPORT ❑ DOES NOT SUPPORT
Date: Receipt #:
Comments:
Once this has been completed, please submit to:
Clerk of the Board
County Administration Building
651 Pine Street, Room 106
Martinez CA 94553
RECEIVED BY CLERK OF
BOARD OF SUPERVISORS
Date: Receipt #:
Scheduled for Consent Calendar on:
VA:ds
license.app (9%12%95)
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION FOR RETAIL LIQUOR LICENSE
FINDING OF PUBLIC CONVENIENCE OR NECESSITY
Date: Sept. 19, 1995 Receipt #:
Name: Don Kaplan
DBA (if any): Bonfaire Markets
Address: 211 Port Chicago Highway, Bay Point, CA 94565
Parcel #: 098-240-057
736-7979
Telephone:
❑ On Premises ID Off Premises ❑ Beer & Wine Q All Liquor
Commercial
General Plan:
R-b/N-B
Zoning:
DP3018-88 to allow shopping center. Does
Additional Entitlements: not restrict liquor sales .
Conditions Cleared:
Requirements for Additional Processing:
Finding for Clearance: ElYes ❑ No
VA:dg
lieense.app (9/12/95)
REVIEW BY LOCAL ADVISORY BODY
U RECOMMEND ❑ RECOMMEND DENIAL
Date of Action: May 2, 1995
Name of Presiding Officer: Vickie SOpher, Secretary of the Bay Point MAC
Signature of Presiding Officer:
Cominents:
SUGGESTION OF SHERIFF
X3 SUPPORT ❑ DOES NOT SUPPORT
June 7, 1995
Date: Receipt #:
Comments:
Once this has been completed, please submit to:
Clerk of the Board
County Administration Building
651 Pine Street, Room 106
Martinez CA 94553
RECEIVED BY CLERK OF
BOARD OF SUPERVISORS
Date: Receipt #:
Scheduled for Consent Calendar on:
vikAg
license.app (9/12;95)
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATION FOR RETAIL LIQUOR LICENSE
FINDING OF PUBLIC CONVENIENCE OR NECESSITY
Date: Sept. 19, 1995 Receipt #:
Name: Jagtar S., Bedi
DBA (if any): Pacheco BP
61 Arthur Road
Address:
380-051-034
Parcel #:
372-8700
Telephone:
❑ On Premises 6 Off Premises ❑ Beer & Wine All Liquor
General Plan: CorrIInercial
D
Zoning: -1/N-B
369-72 does not prohibit liquor sales .
Additional Entitlements:
Conditions Cleared:
Requirements for Additional Processing:
Finding for Clearance: In Yes ❑ No
VA:dg
license.app (9/12/95)
REVIEW BY LOCAL ADVISORY BODY
❑ RECOMMEND ❑ RECOMMEND DENIAL
Date of Action:
Name of Presiding Officer:
Signature of Presiding Officer:
Comments:
SUGGESTION OF SHERIFF
❑ SUPPORT ❑ DOES NOT SUPPORT
Date: Receipt #:
Comments:
Once this has been completed, please submit to:
Clerk of the Board
County Administration Building
651 Pine Street, Room 106
Martinez CA 94553
RECEIVED BY CLERK OF
BOARD OF SUPERVISORS
Date: Receipt #:
Scheduled for Consent Calendar on:
VA:dg
Iicense.app (9/12/95)