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HomeMy WebLinkAbout09-64 - Transfer of a Type 48 Alcoholic Beverage Control License for Tiki Bar at 1700 Placentia AveRESOLUTION NO. 09- 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING PUBLIC CONVENIENCE OR NECESSITY FOR THE PROPOSED PERSON TO PERSON/PREMISE TO PREMISE TRANSFER OF A TYPE 48 (ON -SALE GENERAL - PUBLIC PREMISES) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR TIKI BAR AT 1700 PLACENTIA AVENUE. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the State Department of Alcoholic Beverage Control (ABC) notified the City on September 1, 2009, that NOTKON LLC has filed an application for person-to- person and premise -to -premise transfer an existing type 48 (on -sale general — public premises) alcoholic beverage license at 1700 Placentia Avenue; WHEREAS, the City Council received this application on September 15, 2009, under written communications; WHEREAS, the census tract that contains this property has an "undue concentration" of on -sale alcoholic beverage licenses and pursuant to California Business and Professions Code Section 23958.4(b)(2), ABC may issue the license if the City either makes a determination within 90 days of notification of a completed application that a public convenience or necessity would be served or foregoes the option to make the finding, in which case the burden of proof would be upon the applicant to show ABC that a public convenience or necessity would be served; WHEREAS, consistent with Council Policy 500-8, Planning staff and the Police Department have verified that there are no historic problems associated with alcoholic beverage service at the establishment, and there are no related code enforcement or law enforcement matters that would preclude the issuance of the ABC license transfer. BE IT RESOLVED that the City Council HEREBY finds public convenience or necessity for the proposed person to person/premise to premise transfer of a Type 48 on -sale ABC license to Tiki Bar at 1700 Placentia Avenue. PASSED AND ADOPTED this 6th day of October, 2009. ATTEST: lie Folcik, City Clerk Al ran R. Mansoor, Mayor APPROVED AS TO FORM: Kimberly fqall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) - CITY OF COSTA MESA ) ss I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 09-64 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 6th day of October, 2009, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, FOLEY, MONAHAN NOES: COUNCIL MEMBERS: LEECE, BEVER ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 7th day of October, 2009. JULI , Cl Y CLERK (SEAL)