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HomeMy WebLinkAbout09-65 - Type 42 Alcoholic Beverage Control License for Trader Joe's at 640 W. 17th StreetRESOLUTION NO. 09-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING PUBLIC CONVENIENCE OR NECESSITY FOR THE PROPOSED TYPE 42 (ON -SALE BEER AND WINE - PUBLIC PREMISES) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR TRADER JOE'S AT 640 WEST 17TH STREET. 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 June 24, 2009, that Trader Joe's Company has filed an application for a type 42 (on -sale beer and wine — public premises) alcoholic beverage license at 640 West 17" Street; WHEREAS, the City Council received this application on July 21, 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 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. BE IT RESOLVED that the City Council HEREBY finds public convenience or necessity for the Type 42 on -sale ABC license for Trader Joe's at 640 West 17th Street. PASSED AND ADOPTED this 20th day of October, 2009. Allan R. Mansoor, Mayor ATTEST: APPROVED AS TO FORM`: r Jug Folcik, City Clerk mberly AHaIlBarlow', City Attorne STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA 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. 09-65 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 20th day of October, 2009, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 21 st day of October, 2009. JUL FOLCIK, CITY CLERK (SEAL)